Landlord Eviction - Help | ExpatWoman.com
 

Landlord Eviction - Help

4747
Posts
EW MASTER
Latest post on 07 April 2013 - 17:26
Although the LL (actually the greedy agency) wanted to sell the property last year, just checked the tenancy contract and it says RENEWABLE but "NOT NEGOTIABLE" Sorry for the panic but I am glad we double checked the contract just to make sure we will not be evicted comes end of our contract. Happy days! I find this confusing. The tenancy law clearly states that a tenant can only be made to move out under strictly defined circumstances, ie landlord moving in, villa being knocked down etc. and that the landlord must give 12 months minimum notice. If the landlord does not have a valid reason for you to leave, then on what basis can he issue a non renewable contract, if your contract to date has always been renewable? The way I read it, is that the landlord must give you the correct notice as required by law, and then on renewal ie the start of the 12 month notice period, he can issue a non renewable contract. There are no other circumstances under which you contract can be altered, right or wrong?? Technically, yes, the landlord should have delivered a letter by registered mail/notary public stating that he was giving 12 months' notice (with reason), as well as a non-renewable contract. But Flower_girl was aware of his intention to "sell" when signing the non-renewable contract because she had already demanded 12 months' notice from her landlord. She could appeal to the Rent Committee on the technicality that she wasn't given 12 months' written notice, only a non-renewable contract, but I honestly don't know where she would stand under these circumstances. It would depend on the individual scenario for me. If I knew he didn't really want to sell and was just looking to increase the rent, I'd do everything in my power to stay. But if he genuinely is looking to sell, I would move on as he gave the additional 12 months that was requested the last time. if it doesnt say "non renewable" then you are fine. thats a standard line, renewal/non negotiable.
544
Posts
EW GURU
Latest post on 07 April 2013 - 15:23
Good news. Don't take any nonsense from them.
145
Posts
EW NEWBIE
Latest post on 07 April 2013 - 15:17
Although the LL (actually the greedy agency) wanted to sell the property last year, just checked the tenancy contract and it says RENEWABLE but "NOT NEGOTIABLE" Sorry for the panic but I am glad we double checked the contract just to make sure we will not be evicted comes end of our contract. Happy days! I find this confusing. The tenancy law clearly states that a tenant can only be made to move out under strictly defined circumstances, ie landlord moving in, villa being knocked down etc. and that the landlord must give 12 months minimum notice. If the landlord does not have a valid reason for you to leave, then on what basis can he issue a non renewable contract, if your contract to date has always been renewable? The way I read it, is that the landlord must give you the correct notice as required by law, and then on renewal ie the start of the 12 month notice period, he can issue a non renewable contract. There are no other circumstances under which you contract can be altered, right or wrong?? Technically, yes, the landlord should have delivered a letter by registered mail/notary public stating that he was giving 12 months' notice (with reason), as well as a non-renewable contract. But Flower_girl was aware of his intention to "sell" when signing the non-renewable contract because she had already demanded 12 months' notice from her landlord. She could appeal to the Rent Committee on the technicality that she wasn't given 12 months' written notice, only a non-renewable contract, but I honestly don't know where she would stand under these circumstances. It would depend on the individual scenario for me. If I knew he didn't really want to sell and was just looking to increase the rent, I'd do everything in my power to stay. But if he genuinely is looking to sell, I would move on as he gave the additional 12 months that was requested the last time.
8965
Posts
EW MASTER
Latest post on 07 April 2013 - 14:42
Thank you both for that, serves me right for doing a search for 12, not twelve :) I must have mistakenly understood that I read somewhere on here that there has been a recent new amendment which allows the LL to evict a tenant at the end of their contract without having to give any sort of reason. Clearly, that's wrong - or rather, landlords who try it on will be fined if the tenant moves out and later finds out that the property has been rented out again at a much higher price, I think? I have not heard of a new amendment and neither have my 2 friends who work closely with the rent committee
5400
Posts
EW MASTER
Latest post on 07 April 2013 - 14:38
Thank you both for that, serves me right for doing a search for 12, not twelve :) I must have mistakenly understood that I read somewhere on here that there has been a recent new amendment which allows the LL to evict a tenant at the end of their contract without having to give any sort of reason. Clearly, that's wrong - or rather, landlords who try it on will be fined if the tenant moves out and later finds out that the property has been rented out again at a much higher price, I think?
4393
Posts
EW MASTER
Latest post on 07 April 2013 - 14:02
Just found this. Hope it helps Law number 33 of 2008 Article (25) 2. Landlord may demand eviction of tenant upon expiry of tenancy contract limited to the following cases 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. If the owner of the property wishes to sell the leased property And for the purpose of clause (2) of this Article, landlord must notify tenant with reasons for eviction at least twelve months prior to the determined date of eviction subject that such notice be sent through the Notary Public or by registered mail. Here's the link http://www.dubailand.gov.ae/Upload/DRAFT%20LAW%20REGARDING%20THE%20PROTECTION%20OF%20THE%20REAL%20ESTATE%20INVESTOR%20IN%20DUBAI.pdf <em>edited by Geordie expat on 07/04/2013</em>
544
Posts
EW GURU
Latest post on 07 April 2013 - 14:02
I find this confusing. The tenancy law clearly states that a tenant can only be made to move out under strictly defined circumstances, ie landlord moving in, villa being knocked down etc. [b'>and that the landlord must give 12 months minimum notice.[/b'> Which law (or amendment) is that, please? I've looked in various places but can't find mention of the 12 months' notice. Law 33 of 2008, Article 25.2.d: http://www.awf.ae/law-33-2008.html d. If the owner of the property wishes to sell the leased property. And for the purpose of clause (2) of this Article, landlord must notify tenant with reasons for eviction at least twelve months prior to the determined date of eviction subject that such notice be sent through the Notary Public or by registered mail. <em>edited by HereComesTheSun on 07/04/2013</em>
5400
Posts
EW MASTER
Latest post on 07 April 2013 - 13:55
I find this confusing. The tenancy law clearly states that a tenant can only be made to move out under strictly defined circumstances, ie landlord moving in, villa being knocked down etc. [b'>and that the landlord must give 12 months minimum notice.[/b'> Which law (or amendment) is that, please? I've looked in various places but can't find mention of the 12 months' notice.
544
Posts
EW GURU
Latest post on 07 April 2013 - 13:42
I find this confusing. The tenancy law clearly states that a tenant can only be made to move out under strictly defined circumstances, ie landlord moving in, villa being knocked down etc. and that the landlord must give 12 months minimum notice. If the landlord does not have a valid reason for you to leave, then on what basis can he issue a non renewable contract, if your contract to date has always been renewable? The way I read it, is that the landlord must give you the correct notice as required by law, and then on renewal ie the start of the 12 month notice period, he can issue a non renewable contract. There are no other circumstances under which you contract can be altered, right or wrong?? Technically, yes, the landlord should have delivered a letter by registered mail/notary public stating that he was giving 12 months' notice (with reason), as well as a non-renewable contract. But Flower_girl was aware of his intention to "sell" when signing the non-renewable contract because she had already demanded 12 months' notice from her landlord. She could appeal to the Rent Committee on the technicality that she wasn't given 12 months' written notice, only a non-renewable contract, but I honestly don't know where she would stand under these circumstances. It would depend on the individual scenario for me. If I knew he didn't really want to sell and was just looking to increase the rent, I'd do everything in my power to stay. But if he genuinely is looking to sell, I would move on as he gave the additional 12 months that was requested the last time.
544
Posts
EW GURU
Latest post on 07 April 2013 - 13:09
Sorry to hijack this thread ... but am now "confused". Last year we got "told" they wanted to sell the villa we live in with 6 weeks notice ... so in the end we got to renew the contract, with no written notice from them about the 12 months notice BUT a standard contract with "non renewable" part mentioned. Reading from below, I am now worried that come in May when we are to give our 60 days notice (as per contract) we won't be able too. Can someone shed some light what our situation will be please .... TIA Does it have 'Non-Renewable' as the heading on the front page? If so, you will have to vacate once your current contract is up as this is effectively their way of serving you your 12-month notice. They did what they were legally obliged to by giving you another 12 months last time round.
145
Posts
EW NEWBIE
Latest post on 07 April 2013 - 13:06
Sorry to hijack this thread ... but am now "confused". Last year we got "told" they wanted to sell the villa we live in with 6 weeks notice ... so in the end we got to renew the contract, with no written notice from them about the 12 months notice BUT a standard contract with "non renewable" part mentioned. Reading from below, I am now worried that come in May when we are to give our 60 days notice (as per contract) we won't be able too. Can someone shed some light what our situation will be please .... TIA
15
Posts
EW NEWBIE
Latest post on 06 April 2013 - 17:23
Update: I went to the rent committee and spoke to an advisor. She advised that I file a case against the LL on the basis that (a) he is trying to evict us; and (b) he has not provided a renewed tenancy agreement. Notwithstanding the fact that we have tried to pay our LL rent (see below) and have kept a cheque ready, the advisor said that LLs are using a new tactic which is to ignore their tenant for a few weeks and then file a case against the tenant on the basis that rent has not been paid. The advisor told me (based on the situation I described) that out LL hasn't got a chance. Bottom line, if he hasn't served 12 months notice to evict by registered mail or notary public, he cannot evict us. We're going to file the paperwork tomorrow. Fingers crossed!
1618
Posts
EW EXPERT
Latest post on 31 March 2013 - 09:56
Ok so this is the situation a few months on. We have been in the apartment for two years, have always paid the rent up front and generally had no issues. We have never met the landlord (a rep always turns up to collect the cheque and present the contract at my DH's office) so all communication is via email only. - Tenancy ended on 30th March 2013. - One year term and it does not state non renewable on the contract - We wrote (email) to the LL in early Feb asking him to advise the process for renewing the tenancy. - LL wrote back the next day stating that he will not be extending as he is placing one of his employees into the apartment - I wrote back immediately and stated that (nicely) that in the absence of the contract stating that it is non renewable, to evict us, he needs to serve at least 12 months notice through a notary public or by registered mail. Further, the reason that he provided for wanting to move us out didn't fall under one of the prescribed conditions set out in law (i.e. moving in himself, demolition, renovation, sale). - LL totally ignored my response and then on 24th March (a few days before the end of the current tenancy), I wrote to him saying that a cheque is available for collection at my my DH's offices and that he should contact us in advance of someone collecting the cheque so that my DH could arrange security clearance and so on. I also asked that a copy of the renewed contract be delivered in exchange. - LL didn't respond and then on 27th, my DH called him and the LL was very rude and said that we should have our bags packed by the 30th and that he had filed a complaint with the rent committee and to expect a letter. - 30th (yesterday) came and went and we are still here. - We are of the view that we have not done anything wrong, but it is him that has made a procedural error and that aside, he cannot just kick us out an move an employee in. Clearly he wants to force us out so he can move in a new person(s) and increase the rent. Everything is in writing and we can prove that we have done everything to try and pay the rent. - So the question is - what do we do...? The agreement was registered but at this stage DH is reluctant to go to the committee as he doesn't feel it right that we have to pay 3.5% to register a filing when we haven't done anything apart from be good tenants. Any advice?? You need to take your contract and cheques to the rent committee, they will issue you a new contract and inform the LL that they are in possession of his cheques for him to collect. If he has opened a case (which I highly doubt as rent committee would've told him he has no chance) then you will be notified.
15
Posts
EW NEWBIE
Latest post on 31 March 2013 - 09:42
Ok so this is the situation a few months on. We have been in the apartment for two years, have always paid the rent up front and generally had no issues. We have never met the landlord (a rep always turns up to collect the cheque and present the contract at my DH's office) so all communication is via email only. - Tenancy ended on 30th March 2013. - One year term and it does not state non renewable on the contract - We wrote (email) to the LL in early Feb asking him to advise the process for renewing the tenancy. - LL wrote back the next day stating that he will not be extending as he is placing one of his employees into the apartment - I wrote back immediately and stated that (nicely) that in the absence of the contract stating that it is non renewable, to evict us, he needs to serve at least 12 months notice through a notary public or by registered mail. Further, the reason that he provided for wanting to move us out didn't fall under one of the prescribed conditions set out in law (i.e. moving in himself, demolition, renovation, sale). - LL totally ignored my response and then on 24th March (a few days before the end of the current tenancy), I wrote to him saying that a cheque is available for collection at my my DH's offices and that he should contact us in advance of someone collecting the cheque so that my DH could arrange security clearance and so on. I also asked that a copy of the renewed contract be delivered in exchange. - LL didn't respond and then on 27th, my DH called him and the LL was very rude and said that we should have our bags packed by the 30th and that he had filed a complaint with the rent committee and to expect a letter. - 30th (yesterday) came and went and we are still here. - We are of the view that we have not done anything wrong, but it is him that has made a procedural error and that aside, he cannot just kick us out an move an employee in. Clearly he wants to force us out so he can move in a new person(s) and increase the rent. Everything is in writing and we can prove that we have done everything to try and pay the rent. - So the question is - what do we do...? The agreement was registered but at this stage DH is reluctant to go to the committee as he doesn't feel it right that we have to pay 3.5% to register a filing when we haven't done anything apart from be good tenants. Any advice??
1618
Posts
EW EXPERT
Latest post on 11 February 2013 - 16:08
Thank you all. How should the notice have been delivered? During the summer the rent committee told me an email was accepted as notice.
544
Posts
EW GURU
Latest post on 11 February 2013 - 14:46
Thank you all. How should the notice have been delivered? The below is taken from here: http://www.awf.ae/law-33-2008.html. Looks like the notice must be given by notary public or registered mail. A simple email will not suffice. 2. Landlord may demand eviction of tenant upon expiry of tenancy contract limited to the following cases: a. If the owner wishes to demolish the property for reconstruction or to add new constructions that prevent tenant from benefiting from the leased property, provided that necessary licences are obtained. b. If the property requires renovation or comprehensive maintenance which cannot be executed while tenant is occupying the property, provided that a technical report issued by Dubai Municipality or accredited by it is to be submitted to this effect. 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. If the owner of the property wishes to sell the leased property. And for the purpose of clause (2) of this Article, landlord must notify tenant with reasons for eviction at least twelve months prior to the determined date of eviction subject that such notice be sent through the Notary Public or by registered mail.
425
Posts
EW EXPLORER
Latest post on 11 February 2013 - 14:42
I am a landlord, and I wanted to kick out our tenants as we would like to sell or rent out for a higher price, however I contacted RERA first who told me that all I had to do was give 90 days notice, which I was happy with, I then decided just to be sure to check with the rent committee and their answer was, you can give 90 days notice but if the tenant does not agree then you must give them a 1 year non renewable contract, which is essentially 12 months notice, and this is what we have done. Just contact the rent committee directly 8004488 and they can advise, the rules may have changed since I asked, and I asked in December, my tenants lease is due to expire in April. To be honest its not that easy for a LL to kick out a tenant, so stick to your guns if you want to stay one more year. Just to add to this, the notice is meant to be sent via registered post, and just because they have sent you an email to say they don't want you to stay, the law is actually the opposite, if you don't answer it is presumed you are staying, therefore you are bound to sign another years contract... basically if your landlord wanted you to stay, and sent you an email saying intent to renew, and you had not replied, it would automatically renew, not automatically be cancelled. <em>edited by STILLadviceseeker on 11/02/2013</em>
15
Posts
EW NEWBIE
Latest post on 11 February 2013 - 14:11
Thank you all. How should the notice have been delivered?
544
Posts
EW GURU
Latest post on 11 February 2013 - 11:06
Hi girls - here is the issue: - Tenacy Agreement ends on 31st March 2013 - Landlord sent an email in Nov 2012 stating he won't be renewing the tenancy - At the time I asked why and h responded via email statng he needed it for "commercial" reasons - I wrote to the landlord again yesterday and played dumb and asked the process for renewing in March. - He wrote just now and said that he cannot renew as is moving one of his employees into the apartment. Can he do this? I was under the impression that under the law here, he has to give me one year's notice, served in the proper way. Any advice would be great. Thanks! I hope for your sake that the law is still on your side, but this might not be as straightforward as you are hoping, as he gave you the required 90 days' notice and you seemingly didn't object to it. Have you informed him of your intention to renew in writing prior to yesterday's email? If not, you've only given 50 days' notice and that might not be deemed enough (I think it's 60 days, but can't be sure), especially in light of him giving you warning of his intention not to renew. Having said that, email is not viewed as the correct way for him to inform you of such things, so that may swing things back to your side. First thing I would do is respond to him quoting the relevant law and requesting that he gives you 12 months' notice at the start of a new tenancy contract, as per his responsibilities. Most landlords relent at this point, but if he doesn't you then need to contact the Rent Committee.
1692
Posts
EW EXPERT
Latest post on 11 February 2013 - 11:03
http://www.7daysindubai.com/Know-rights-Dubai-s-tenants-challenge-excessive/story-18059736-detail/story.html Even for own use 12 months notice. Did you give him notice of your intent to renew? However if you ring RERA and the rent committe they say a landlord can give 90 days notice to a tenant to vacate if the tenant doesn't agree then 12 months non renewable contract must be given to the tenant. Yes thats why I asked if they had given their intent to renew. A friend fell for this a while ago, didn't think they had a choice other than to leave, so agreed to move. Only then to find out that actually they could have got 12 months notice.
1618
Posts
EW EXPERT
Latest post on 11 February 2013 - 10:11
http://www.7daysindubai.com/Know-rights-Dubai-s-tenants-challenge-excessive/story-18059736-detail/story.html Even for own use 12 months notice. Did you give him notice of your intent to renew? However if you ring RERA and the rent committe they say a landlord can give 90 days notice to a tenant to vacate if the tenant doesn't agree then 12 months non renewable contract must be given to the tenant.
1692
Posts
EW EXPERT
Latest post on 11 February 2013 - 10:07
http://www.7daysindubai.com/Know-rights-Dubai-s-tenants-challenge-excessive/story-18059736-detail/story.html Even for own use 12 months notice. Did you give him notice of your intent to renew?
1618
Posts
EW EXPERT
Latest post on 11 February 2013 - 10:03
The LL is in his rights to give you 90 days notice to vacate. If you don't agree then he has to give you 12 months notice. However if you didn't reply to him with your intention to stay and not vacate and because he contacted you in November, then you may not have a choice but to move. If your contract says non renewable on it then you do have to move. You will need to contact the rent committee not RERA to find out where you stand and if the 12 months is still applicable to you if you didn't reply to the November email. <em>edited by starsouthern on 11/02/2013</em>
1692
Posts
EW EXPERT
Latest post on 11 February 2013 - 10:03
12 months notice, search on here somebody posted a link ladt week to a newspaper article regarding knowing your rights as a tenant.
604
Posts
EW GURU
Latest post on 11 February 2013 - 10:01
it has to be next of kin, and he has to be able to prove that too, otherwise you renew, check with rera offices, and quote them back to him
15
Posts
EW NEWBIE
Latest post on 11 February 2013 - 09:50
Hi girls - here is the issue: - Tenacy Agreement ends on 31st March 2013 - Landlord sent an email in Nov 2012 stating he won't be renewing the tenancy - At the time I asked why and h responded via email statng he needed it for "commercial" reasons - I wrote to the landlord again yesterday and played dumb and asked the process for renewing in March. - He wrote just now and said that he cannot renew as is moving one of his employees into the apartment. Can he do this? I was under the impression that under the law here, he has to give me one year's notice, served in the proper way. Any advice would be great. Thanks!
 
 

ON EXPATWOMAN TODAY