Question: My landlord has served me with a notarised eviction notice, asking me to move out of the property 12 months after receiving the communication as he intends to sell the house.
I’ve no problems with moving out. However, what can I do if I find out that the landlord re-let the property to another tenant right after I moved out?
I believe he is not supposed to re-let the property for two years after evicting a tenant for the purpose of sale.
Can I file a case with the Rental Dispute Settlement Centre or do I need a lawyer? Would I need proof or details of the current tenant? CJ, Dubai
Answer: If you suspect that your landlord has re-let the property after your eviction, you can file a case at the RDSC for compensation. You will need evidence of this for the case to succeed.
Having said this, the law is silent when it comes to allowing a landlord to re-let a property after evicting a tenant for reason of sale.
It is true that a landlord cannot re-let a property after evicting a tenant for the reason of moving in himself or a first-degree next of kin, but the law is silent when it comes to the reason of sale.
Although past rental dispute cases are not necessarily the barometer of future outcomes, it has been shown that some judges at the RDSC have awarded the whole year’s rent as compensation.
You can go ahead and file a case at the RDSC yourself. You do not need the services of a lawyer.
However, the case is heard in Arabic, so if you do not understand the language, I suggest you employ the services of a translator at the very least.
Q: Last year, my landlord asked for a rental increase through her broker just one month before the lease expired.
We refused due to the short notice, so my landlord agreed to settle on the same rent and informed us that she will not renew the contract next year.
The broker included a clause in the rent contract that we would vacate next year. Later, the landlord claimed that her family member will need to move in next year.
I had to sign the contract because I needed it for my work, but what if I do not want to vacate and am willing to pay rent according to the Rera rental index?
Can the landlord refuse to renew if I had already signed the rent contract? AS, Dubai
A: A contract is a legal agreement between two or more parties. For
your situation, it can be argued that you signed the agreement under duress and do not agree to the terms and conditions any longer.
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A landlord can only evict a tenant by sending an official 12-month notice through notary public or registered mail.
I suggest you file a case at the RDSC and hope that the judge rules in your favour.
The landlord thinks that as the contract includes the non-renewal clause, it means you have to move out. But, in reality, this would only be the case if you lose a case at the RDSC.
I suspect the landlord has not served the eviction notice in the correct manner, so will most likely have to serve you with another notice in the proper way.
Mario Volpi is the sales director at AX Capital. He has worked in the property sector for 39 years, in London and Dubai. The opinions expressed do not constitute legal advice and are provided for information only. Please send any questions to m.volpi@axcapital.ae
