Got an eviction notice and took my LL to court | ExpatWoman.com
 

Got an eviction notice and took my LL to court

1
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EW NEWBIE
Latest post on 30 March 2014 - 04:29

Hi Everyone,

So I got an eviction notice from my Landlord around 11 months ago. The letter was typed by him and not notarized. I did sign receiving the letter but thinking that this was not legal anyways since it isn't notarized. I also know for a fact that the landlord does not want to use the apartment for his own use nor did he or plan to sell it.

Anyways, I took him to court and had my hearing last week. To my surprise, the judge only asked 2 questions. He asked the landlord if he accepts or rejects the case. The landlord rejected and said that he have me a notice which I signed last year. Then the judge asked me, what is your response. I said that this notice is not notarized and not legal, and I have offered the LL any rental increase amount and even to buy the apartment (both of which is true). The judge did not seem to have taken my last statement into any consideration, he just took a note that I said "waiting for notarized notice which I didn't receive".

The reason I am writing here, is that I am bee anxious to know he result of this case, unfortunately I will not hear back from the. Courts until 3 weeks (because they do not rule on the spot).

Any advise? Anybody had something similar and won?

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EW MASTER
Latest post on 06 May 2014 - 16:20
Hi Ladies Just want to see how you got on at RC? We are now in a similar boat; the landlord gave us 12 month notice (after we refused to pay his increase, only agreed on the RERA mandated 10%) and have now found out that a few of our neighbors received the exact same eviction notice (LL's family moving in). I just want to know if it will be worth taking up a case as we are really in a bind now. We found out that we are expecting our first one (due date is 3 weeks before we are meant to be out) and have tried to move now before prices go even higher, but the LL is charging us 2 months penalty and our deposit if we move now. I really don't want to be househunting/moving with a new born, but have decided that our LL is to greedy for his own good and really think we should take him on (along with our neighbors). anyone have any advice on their RERA experience? thank you The LL has to give you a reason Selling Moving in ( Has to prove he has no alternative accomodation) Major maintenance Place is unhabitable I received my notice yesterday by notary public, it says clearly that my LL is selling and I have to move. It was stamped by the courts. If he gives you 12 months notice via the correct channels for one of the reasons above then you have to abide by it. If after 12 months he doesn't sell or move in and you find out that new tenants are renting you will then have to open a case with the RC and hope you win.
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EW NEWBIE
Latest post on 06 May 2014 - 15:36
Hi Ladies Just want to see how you got on at RC? We are now in a similar boat; the landlord gave us 12 month notice (after we refused to pay his increase, only agreed on the RERA mandated 10%) and have now found out that a few of our neighbors received the exact same eviction notice (LL's family moving in). I just want to know if it will be worth taking up a case as we are really in a bind now. We found out that we are expecting our first one (due date is 3 weeks before we are meant to be out) and have tried to move now before prices go even higher, but the LL is charging us 2 months penalty and our deposit if we move now. I really don't want to be househunting/moving with a new born, but have decided that our LL is to greedy for his own good and really think we should take him on (along with our neighbors). anyone have any advice on their RERA experience? thank you
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EW NEWBIE
Latest post on 18 April 2014 - 09:51
thanks all for your info and advice I think the email will be accepted from what I can read here as my husband acknowledged receipt. He only gave 10,5 months notice with no valid reason in the email so will take it to RC for advice on Sunday.
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EW MASTER
Latest post on 17 April 2014 - 17:19
@sarahlou123 Do you know where the people who queried it with RC got their info? Did they go in person? I will go next week to find out but will need to take 4year-old DS along :-( I would like to know it the email will suffice, if so, I think we don´t have a leg to stand on and DH will lose in court, not to mention just waste his time. Someone at the RC committee told them. I imagine it changes from person to person A poster on here lost their case after 12 months as the LL have the eviction notice in writing and it wasn't notarized. She was told by the judge 12 months was given via email therefore move. LL can only evict for one of the four reasons and he has to state this Email LL the link regarding eviction.
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EW GURU
Latest post on 17 April 2014 - 17:11
He gave you a year's notice - is it really ethical to insist on living there longer? The LL is hardly being ethical in trying to evict sitting tenants just so he can bring in new ones at a much higher rent. When dealing with unethical Dubai LLs, you have to fight fire with fire.
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EW NEWBIE
Latest post on 17 April 2014 - 16:46
@sarahlou123 Do you know where the people who queried it with RC got their info? Did they go in person? I will go next week to find out but will need to take 4year-old DS along :-( I would like to know it the email will suffice, if so, I think we don´t have a leg to stand on and DH will lose in court, not to mention just waste his time.
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EW NEWBIE
Latest post on 17 April 2014 - 16:42
I agree with most of you on this forum and prefer to move but DH will not move as our lease is up mid August and we are not here over summer. If we move in June we will lose 2 months rent and it´s Ramadan so difficult to get DEWA,... sorted ... We will pay in increase in rental price but LL doesn´t seem interested ... need to try to negotiate with him I guess. thanks for all the advice, good luck to all
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EW NEWBIE
Latest post on 17 April 2014 - 15:46
Our landlord is a bit of a creative kind. He sends his "building manager" to us with a contract that has a clause "renewal of contract and rental increase is at the discretion of the landlord". We just laughed at this and handed the contract back and asked to her to give us an amended contract with the right clauses in it. So far its over 2 weeks and she hasn't returned. But we do have her signature and date on the photocopy of all cheques saying "received". Pretty sure encashing cheques without a signed contract would be a criminal offence. These greedy LLs need to be stopped. Last year we just gave into a huge rental increase although it wasn't legal, but we were new and unsure of the rera laws back then. Sigh!! Regret!!
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EW MASTER
Latest post on 17 April 2014 - 15:21
Taking a step back from legalities and feelings....he did give you many months notice to find other accommodations. Why are you complicating your life by taking people to court? Just look for another property and get on with your life. Its not as if he gave you less than minimum time to move or anything. OK so yes he is giving them plenty of notice. But..... if he then tries to relet at a higher rent, isn't this just playing to the LLs tunes. Also why should we have to think about moving every 12 months, it works out mighty expensive.
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EW MASTER
Latest post on 17 April 2014 - 15:17
Taking a step back from legalities and feelings....he did give you many months notice to find other accommodations. Why are you complicating your life by taking people to court? Just look for another property and get on with your life. Its not as if he gave you less than minimum time to move or anything.
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EW MASTER
Latest post on 17 April 2014 - 12:34
l would say you definitely have a case, but suggest you ask the LL to file it. Just say you've taken advice and are not leaving. The notice needs to be via notary public or registered mail and it MUST state one of the four reasons for eveiction. Family use and proof they have nowhere else to live. Selling Demolition and I think the other one is alterations (or something like that) and they must prove that the house will be uninhabitable while it's going on major maintenance is the final one, if the house is unhabitable [b'>An email stating notice will suffice now as several people I know queried this with the RC and they said it is fine as did judges at RC[/b'> That's very interesting as everyone I have spoken to has said that it must be notary public or registered mail. Thanks for the info. edited by Geordie expat on 17/04/2014 If my memory serves me correctly someone on here went to the RC and the judges accepted a email. I am giving mine verbally as 12 months is enough and it is their apartment. I know its expensive moving etc but 12 months is sufficient Yes, I suppose at least you know what's going to happen in 12 months time and hey the bubble may burst by then ;) It's just the LLs who think they can get away with underhand methods that really get my back up.
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EW MASTER
Latest post on 17 April 2014 - 12:29
l would say you definitely have a case, but suggest you ask the LL to file it. Just say you've taken advice and are not leaving. The notice needs to be via notary public or registered mail and it MUST state one of the four reasons for eveiction. Family use and proof they have nowhere else to live. Selling Demolition and I think the other one is alterations (or something like that) and they must prove that the house will be uninhabitable while it's going on major maintenance is the final one, if the house is unhabitable [b'>An email stating notice will suffice now as several people I know queried this with the RC and they said it is fine as did judges at RC[/b'> That's very interesting as everyone I have spoken to has said that it must be notary public or registered mail. Thanks for the info. edited by Geordie expat on 17/04/2014 If my memory serves me correctly someone on here went to the RC and the judges accepted a email. I am giving mine verbally as 12 months is enough and it is their apartment. I know its expensive moving etc but 12 months is sufficient
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EW MASTER
Latest post on 17 April 2014 - 12:13
l would say you definitely have a case, but suggest you ask the LL to file it. Just say you've taken advice and are not leaving. The notice needs to be via notary public or registered mail and it MUST state one of the four reasons for eveiction. Family use and proof they have nowhere else to live. Selling Demolition and I think the other one is alterations (or something like that) and they must prove that the house will be uninhabitable while it's going on major maintenance is the final one, if the house is unhabitable [b'>An email stating notice will suffice now as several people I know queried this with the RC and they said it is fine as did judges at RC[/b'> That's very interesting as everyone I have spoken to has said that it must be notary public or registered mail. Thanks for the info. <em>edited by Geordie expat on 17/04/2014</em>
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EW MASTER
Latest post on 17 April 2014 - 12:09
l would say you definitely have a case, but suggest you ask the LL to file it. Just say you've taken advice and are not leaving. The notice needs to be via notary public or registered mail and it MUST state one of the four reasons for eveiction. Family use and proof they have nowhere else to live. Selling Demolition and I think the other one is alterations (or something like that) and they must prove that the house will be uninhabitable while it's going on major maintenance is the final one, if the house is unhabitable An email stating notice will suffice now as several people I know queried this with the RC and they said it is fine as did judges at RC
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EW MASTER
Latest post on 17 April 2014 - 11:49
l would say you definitely have a case, but suggest you ask the LL to file it. Just say you've taken advice and are not leaving. The notice needs to be via notary public or registered mail and it MUST state one of the four reasons for eveiction. Family use and proof they have nowhere else to live. Selling Demolition and I think the other one is alterations (or something like that) and they must prove that the house will be uninhabitable while it's going on
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EW NEWBIE
Latest post on 17 April 2014 - 11:43
Thanks for the advice, a bit of gray area here though. My husband acknowledged receipt of the emailed letter (he didn´t sign for it) just replied by mail that he had received it. It is not 12 months before the end but roughly 11 months. The letter officially states "personal reasons" not one of the 4 reasons for eviction given by the law. Also he agrees we have been great tenants. Not sure if we have a case here. Does anyone know if and where I can go to ask the Rent Committee if it is worth persuing a case with them? Also, what should I do then? thanks for your help
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EW MASTER
Latest post on 17 April 2014 - 10:55
My friends took their landlord to court because they were given their 12 months notice in May 2013 but contract was ending in Nov 2013. Court ruled they have until May 2014 to live in the house. They said the 12 months doesn't need to be from the strat or end of contract it can start from when letter was received and signed for. edited by starsouthern on 17/04/2014 I recently found that out also
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EW EXPERT
Latest post on 17 April 2014 - 10:50
My friends took their landlord to court because they were given their 12 months notice in May 2013 but contract was ending in Nov 2013. Court ruled they have until May 2014 to live in the house. They said the 12 months doesn't need to be from the strat or end of contract it can start from when letter was received and signed for. <em>edited by starsouthern on 17/04/2014</em>
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EW MASTER
Latest post on 17 April 2014 - 09:07
Hi, Would like to know how this ended as am in a similar situation. We renewed the lease in august 2013. We got an email from the landlord more than a month later saying he wouldn´t renew in aug 2014 for "personal reasons". Am I right in thinking this is not correct for the following reasons: 1) it is not 12 months notice 2) we didn´t get a notarized or registered mail letter but an email (not sure if he can prove we got it, didn´t sign anything 3) personal reasons is not one of the reasons a landlord can evict you, he keeps telling us (not mailing) that he wants to sell but not sure this is true We really want to stay in the house, don´t mind if the price goes up. Does anyone think this is worth going to the rent committee for? thanks Yep, he has to give you a valid reason and tell him that if he doesn't give you the required 12 months notice or it is because one of the above then he can take it up with the rent court. Let him open a case. It is very difficult to evict a person in the UAE and can take a long time to do Tell him you spoke to the rent committee and that they gave you the above information Also send him the link which quotes this. No doubt the rent calculator is not giving an increase that he would most probably get with a new tenant lol
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EW NEWBIE
Latest post on 17 April 2014 - 00:03
Hi, Would like to know how this ended as am in a similar situation. We renewed the lease in august 2013. We got an email from the landlord more than a month later saying he wouldn´t renew in aug 2014 for "personal reasons". Am I right in thinking this is not correct for the following reasons: 1) it is not 12 months notice 2) we didn´t get a notarized or registered mail letter but an email (not sure if he can prove we got it, didn´t sign anything 3) personal reasons is not one of the reasons a landlord can evict you, he keeps telling us (not mailing) that he wants to sell but not sure this is true We really want to stay in the house, don´t mind if the price goes up. Does anyone think this is worth going to the rent committee for? thanks
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EW MASTER
Latest post on 30 March 2014 - 12:46
He gave you a year's notice - is it really ethical to insisti on living there longer? it's his property.
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EW NEWBIE
Latest post on 30 March 2014 - 11:52
HCTS is correct - it has to be notarised or sent by signed-for mail. There needs only to be proof you receive the notice.
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EW GURU
Latest post on 30 March 2014 - 09:36
I'm almost certain the law says it can be notarized or sent by registered mail. I might be wrong though. I was right. Registered mail is fine as long as it's delivered with 12 months notice, so I'm afraid you're arguing the wrong point here. You should be focusing either on the period of notice (if it was too short) or his reasons for eviction (if you have proof he's lying). http://www.tamimi.com/en/magazine/law-update/section-5/july-august-2/dubai-lease-renewals-and-rent-controls.html edited by HereComesTheSun on 30/03/2014 <em>edited by HereComesTheSun on 30/03/2014</em>
8965
Posts
EW MASTER
Latest post on 30 March 2014 - 09:29
Hi Everyone, So I got an eviction notice from my Landlord around 11 months ago. The letter was typed by him and not notarized. I did sign receiving the letter but thinking that this was not legal anyways since it isn't notarized. I also know for a fact that the landlord does not want to use the apartment for his own use nor did he or plan to sell it. Anyways, I took him to court and had my hearing last week. To my surprise, the judge only asked 2 questions. He asked the landlord if he accepts or rejects the case. The landlord rejected and said that he have me a notice which I signed last year. Then the judge asked me, what is your response. I said that this notice is not notarized and not legal, and I have offered the LL any rental increase amount and even to buy the apartment (both of which is true). The judge did not seem to have taken my last statement into any consideration, he just took a note that I said "waiting for notarized notice which I didn't receive". The reason I am writing here, is that I am bee anxious to know he result of this case, unfortunately I will not hear back from the. Courts until 3 weeks (because they do not rule on the spot). Any advise? Anybody had something similar and won? I think if you signed it then you may not have a leg to stand on Most people who have taken their LL to court and won have done because they were not given 12 notice. I don't believe it actually has to be notarized even though the laws state that? Grey area and let us know how you get on I did read on here of one lady who took her LL to court as he said he was moving in. He didn't although had given her 12 months notice. She lost her case
 
 

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