Question: I live in a five-bedroom villa in Dubai on a three-year lease. My landlord sent me an eviction notice.
He originally contacted me to increase the rent by 40 per cent compared with my original rent. I have one year remaining on my lease, it ends on April 30, next year.
According to the Dubai Land Department rent index, the landlord can only increase the rent for this property by 5 per cent.
When I refused to accept the rent increase demand, my landlord sent me an eviction notice on May 24, citing how he needed the unit for his personal use.
I know that he has no intention to live here since he has a bigger villa, where he currently resides.
I met him a few weeks ago and he asked me to vacate, claiming to have received permission from the government to build another structure on this plot that would help him improve the house value.
I realised it was a negotiation tactic because he later said that he was willing to put his plans on hold if I accepted a 28 per cent rent increase instead of 40 per cent. Otherwise, he is not interested in renewing the lease.
Can he re-let the villa to somebody else if he begins work on the new structure?
Isn’t he barred from renting the villa for two years if he cites personal use for eviction? In case he rents it out, what compensation can I claim from him – the entire original rent amount or only the difference between my old and new rent, which I will pay at the new place?
Is there any way to restrict him from renting out the property after I vacate?
He kept claiming he would rent out the villa again within two months of me vacating and he was not bothered by the two-year period.
Can I continue to stay in the villa after the 12-month eviction notice period ends and fight it in the Rental Dispute Committee that I am willing to renew the lease at the 5 per cent increase allowed by the index? MH, Dubai
Answer: Firstly, it is important to stress that a landlord cannot evict a tenant just to then re-let the property again to someone else, as this is not allowed irrespective of whether he begins work on the new independent structure or not.
If the eviction were to happen, the landlord would not be able to re-let the property for two years.
You are correct in saying that there is also the burden of proof on the landlord that he/she doesn’t own another suitable property that can be used instead.
Should the landlord re-let the property after your eviction, you can file a case at the RDC and seek compensation.
The actual amount of compensation is entirely up to the judge (should you win the case) but in the past, the amount has been equal to the actual original rent, so this could be the basis of a figure for you to consider. But I stress that no exact amount can be expected as this is on the judge alone.
There is no way to restrict the landlord from reletting after you have vacated other than to inform him of your rights and his obligations as per the law before you leave.
Keep an eye out on the property, because if his wishes are to completely flout the law, you can then (with proof) go and file a case at the RDC once this has happened.
There is no way he will allow you to continue to reside in the property, paying the 5 per cent increase only and also fighting him at the courts, so better let him proceed with the eviction and build your case so that you will have a strong case to win.
Q: My estate agent represents the landlord. The landlord had said while signing the rent contract that he may sell the property. I told him to send this to me in the form of a written notice.
My contract is up for renewal on September 20. The agent called me a few weeks ago asking me to vacate.
I told him this was short notice. I want to continue staying at my property. Can the landlord evict me? SD, Dubai
A: If your landlord wants to evict you for the reason of selling, he would need to do this through notary public or registered mail and must also give you 12 months’ notice from the eviction.
An email from the landlord requesting the same is not sufficient in law, only the way I have described above.
You vacating your current property early or ever is entirely up to you. If you do not wish to leave, the landlord can only evict you by sending you the 12 months’ notice.
Other than this, he cannot forcibly evict you as you have the right to stay.
Mario Volpi is head of brokerage at Novvi Properties and has worked in the property sector for 40 years in London and Dubai. The opinions expressed do not constitute legal advice and are provided for information only. Please send any questions to mario@novviproperties.com
Updated: July 04, 2024, 4:00 AM
