r/dubai•
Nealz

Landlord wants to evict us to use appartment for her own personal use. Anyone with knowledge of rental law in Dubai?

Hi guys,

Last weekend we were confronted with a not so pleasant surprise when our landlord called me and asked me if she could come up to our apartment to discuss something. At this point, I was already quite suspicious and started fearing the worst. When I opened the door I noticed our real estate agent was accompanying her.

To put things shortly, she told us that up until recently, she used to live in Abu Dhabi, as her plan was to open a hotel there. Now for whatever reason, these plans got cancelled (I mean, who knew that opening another hotel in the UAE might not be the best idea from a business perspective?).

Now she asked my quite bluntly whether my wife and I would consider moving to another apartment within the same building for the same price (FYI, we pay 70k for a 1 BR apartment in JLT). Now, there are several issues I have with this. Apart from the inconvenience of moving again (we just recently moved to the UAE back in May), it is worth noting that our landlord has somewhat upgraded our apartment in comparison to other units within the same building (e.g. the kitchen is somewhat better equipped, the bathroom has a walk-in shower vs. bathtub, etc.).

Therefore I explained to her that it doesn't make sense for us from a practical and financial perspective to move into this other apartment within the same building, as it would feel like a little bit of a downgrade for us.

Now obviously, she was not happy with this and she stated that she would send me an e-mail, stating that we will not be able to renew our contract next year. Our contract period is from 1 June 2019 - 31 May 2020.

After doing some research, i found that in accordance with Article 25 (2) of Law No 26 of 2007 Regulating Relationship Between Landlords & Tenants in the Emirate of Dubai (as amended by Law No 33 of 2008) (the "Tenancy Law"), a Landlord may demand eviction of tenant upon expiry of tenancy contract limited to the following cases:

a. [...];

b. [...];

c. If the owner of the property wishes to recover the property for use by him personally or by his next of kin of first degree provided that he proves that he does not own a suitable alternative property for that purpose;

d. [...].

However, the landlord must notify tenant with reasons for eviction at least 12 months prior to the determined date of eviction subject that such notice be sent through the Notary Public or by registered mail.

Does the above entail that we are entitled to a 12 months notice period? How would that work in terms of us extending our contract? Can we basically force our landlord to extend the contract until next year?

Posted Sep 9, 2019, 11:08 AM UTC

317
2cashout•

Why would you still want to extend with a landlord like her? It's better to move somewhere else and you can probably find a 1BR for 60K in JLT or Marina.

13
NealzOP•

Your comment made me check some listings on Bayut and Propertyfinder and all I found was small, old looking 1BR apartments in JLT and Marine, especially for just 60K. So even if it would theoretically save me 10K, you would have to factor and cost of moving (admittedly not that high).

I guess my point is that I doubt I could find a better (more modern, better location) apartment for 60K, but I will have a look and I appreciate the suggestion.

1
ConfidentNobody6•

Technically I think you will be allowed to stay until May 2021. On the other hand you can find better and cheaper now. If she can pay moving fee to you, it won't be a big deal.

8
[deleted]•

[deleted]

8
NjxNaDxb•

Not really, 1 year notice means September 2020. From May to September will be an extension of the previous one until the notice period kicks in.

I second the suggestion about aggreing on her paying for you to move somewhere else, including the new deposits for rent and utilities.

1
Anton_DXBI will check and revert•

12 months notice period is a must. Since your contract until May 2020. You stay in your apartment without any fear. Once May comes in, renew the contract for 1 year, send email at the same second stating 3 months move out notice. Move out in August, prices will be cheaper. Get a new & better apartment. Grats you Win :)

8
SDLKSMI•

The notice is 12 months and has to be given at the time of the next renewal (may 2020), therefore you can stay till May 2021.

4
navisic•

but she could increase rent to the max of the Cap isn't it?

3
SDLKSMI•

No. Rent cannot be increased if it is within the range as per the index.

6
PatrolInSand•

Your landlady has to give you 12 month notice and it has to be Notary Public** / registered mail - they can't just put a printout on your door. Not sure email counts.

** I think this is usually a pro-forma letter they can get stamped from RERA.

Usually it's given with the renewal, but as yours in May2020, so you may want to accept moving in May2020 to somewhere cheaper for the same size apt. Though there are all the usual disconnect/reconnect charges for DEWA/Du etc. (not sure if she was offering to pay all those as well)

" provided that he proves that he does not own a suitable alternative property for that purpose " - from your comment I'm not sure if the other not so well appointed apartments are owned by your landlady or just in the same building but different landlords. if she owns other apartments then she should really give notice to the 1st one that is renewing.

Based on experience from other people, as soon as you have the official letter from her - visit RERA and notify them that's you're being evicted for this legal reason. They should be able to tell you if the 12months is from the date of the letter or next renewal. They have in the past also marked property so it can't be rented to a new person for a period (I seem to remember 2 years) - this stops landlords evicting for higher rent but that's unlikely in this case and current market conditions.

2
NealzOP•

Thanks, your comment was very insightful. Will take up some of your suggestions.

1
derpster101•

Prices of 1 bed rooms in JLT, Tecom and JVC typically do not exceed 65k. I rent my 1 bed in a well finished brand new building for 50-52 k. I’m sure you can find a much better alternative. If you are determined to stay, I suggest calling the real estate department and speaking with them directly.

1
NealzOP•

Hi, can I ask in which building or cluster your apartment is located?

I'm in Cluster O and I like the building facilities as well as the apartment itself. Perhaps the most important reason for staying, however, is that it is just next to the cluster where I work. Also the gym that we go to is just a few clusters away as well.

However, your comment made me check some listings on Bayut and Propertyfinder and all I found was small, old looking 1BR apartments in JLT and Marine, hence my question.

2
derpster101•

I’m sorry if my reply was deceptive. My apartment is in Barsha Heights (Tecom) but I found several good apartments in JLT while hunting for 52-55 (icon tower is an example).

2
NealzOP•

No worries, thanks for clarifying. However, I've lived in Icon One before and I would definitely consider it a tier below the building that we are currently living in. Whether it's worth 15k-20k extra is another matter though. :)

2
raspberryripplez•

A one bed for 50k?! Not in JLT

0†

A one bed for 50k?! Not in JLT

Mine is 55k... 1100sq ft.

3
Mochik•

Cmon! Friend of mine is renting 1 BR in downtown Dubai for less than 85k

0