Last year I received an eviction notice and the landlord mentioned that she wants to move in herself. Since then I moved into a new house for Dh70,000 but now my previous landlord has informed me that she can renew the contract for Dh65,000. I believe that under last year’s market conditions she thought she could rent the house for more but now she can see that won’t happen. I want to file a case against her and if possible I want my losses back. What do you suggest? KM, Dubai
You have moved out due to your landlord saying she wanted to use it for her personal use so for this reason she is now not entitled to re let the property to another tenant for a period of two years.
The only time you can now make a complaint or file a case, is to wait until she does re let it before the two-year period is up. If she does find another tenant during this period, then you can file a complaint at the rental committee – it will cost 3.5 per cent of the rental amount but the expenses and fees are reimbursed if you win the case.
This year, the landlord has given me the proper 90 days’ notice and the increase is in line with the Rera calculator. He is looking for my response 90 days before the expiry of the lease, ie this month. When do I have to give him a decision? From my research last year I thought that I had to give him 60 days notice but I can’t confirm this. Can you tell me whether it is 90 or 60 days. RT, Dubai
Law 33 of 2008, article 14, states that 90 days’ notice should be given by any party if they wish to amend or alter the contract. In this instance, it is your landlord that wishes to increase the rent, (although in line with the Rera rental calculator) therefore it is he who had to inform you within the 90 days. There is nothing in the law that states you have to respond by a certain time but you should do so if there is any dispute. If you agree with the amendment then it is down to common courtesy to respond and acknowledge. This way you maintain a professional relationship with your landlord.
I have two properties in International City (well my parents do and I am listed as the official landlord on one of them). My parents need the money and we want to sell both flats but the tenants inside refuse to vacate at the end of the lease. What are my options to ensure they vacate, as their refusal is putting off potential buyers? I heard I have to get a letter from the notary to give them a whole year’s notice, when their contract ends in August and October. LL, Dubai
The first thing I would like to point out is that there is nothing stopping you from marketing the properties for sale whether there are tenants living in them or they are vacant. I do understand that selling a property with a tenant in situ does limit the marketability especially if the buyer turns out to be an owner occupier. My advice to you is to follow the proper procedure in getting your parents’ tenants out. Firstly, to make everything legal, I suggest you get your mother and father to make you their official power of attorney just in case there are any issues at a later date. This is done simply here at the Dubai courts. I then suggest you wait until just before the renewal date of the tenancy agreement to serve the tenants a legal 12 months’ notice to vacate for reasons of selling. This notification is sent to the tenants either via notary public or registered mail. Please remember to serve this notice upon expiry of the tenancy agreement as per law 33 of 2008, article 25, section 2.
Once served you can continue marketing the property in the knowledge that the tenants will have to vacate at the end of their tenancy once the proper notice has been served.
Mario Volpi has worked in the real estate industry in Dubai and in London for the past 30 years. Send any questions to email@example.com
The advice provided in our columns does not constitute legal advice and is provided for information.