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Just been served with a Notice from Dubai Court to vacate our villa

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1

Posts

EW NEWBIE

Latest post on 14 January 2014 - 11:35

Hello,I am new at posting here.I have a case at dubai municipality (appeal)where my landlord via her legal representative has asked and gotten an eviction notice.Simply put the contract was signed on behalf of owner by a representative that was not legally registered as such.the new REGISTERED legal representative filed the case with dubai municipality.QUESTION I was never served a notarised document requesting the end of contract.the contract signed by a non registered legal representative of an owner is it valid?? Should I post a new thread? thank you in advance for your reply,and truly outstanding job you are doing. I have been reading for years only registered here because of this issue.

524

Posts

EW GURU

Latest post on 23 May 2013 - 14:18

RERA has nothing to do with rental disputes,please do not confuse with Rental Committee which is the body that mediates and decides in these cases!!! Your landlord sent you a letter through Dubai Courts which will serve him, as first step, in open a case with the RC. You have to go there,RC, and present your situation and ask for advice. Open the case first, is better, but this will only give you year of peace. Maybe is better to move out now...but definitely only RC can help! BTW, eviction notice comes on offial papers, with Dubai Courts header and stamp and RC notice,stamped as well. I stress once again RENT COMMITTEE not RERA!! Damn PlayBook, had to edit the typos edited by simoralu44 on 23/05/2013 edited by simoralu44 on 23/05/2013 edited by simoralu44 on 23/05/2013 <em>edited by simoralu44 on 23/05/2013</em>

308

Posts

EW EXPLORER

Latest post on 23 May 2013 - 13:20

Someone has just told me that if he needs the propery for himself (which, apparently, he does) then he doesn't have to give 12 months notice. Is this true? No he has to give you 12 months with a non renewable contract, you need to go to RERA and they will fight this on your behalf.

704

Posts

EW GURU

Latest post on 23 May 2013 - 13:11

We had the same thing happen to us. Our landlord owns several properties, and went to the Dubai court and requested the letter. So we called RERA. They advised us to go to Dubai court and request a similar letter, stating that we required 12 months notice and would not be leaving. You go to the court, there are translators there and they stamp it with Dubai court and notarise it. They deliver it. It is not a decision of the dubai court, it is a letter notarised by the Dubai court. You can go and get a similar letter - do not panic. I think landlords are thinking that you can boycott RERA by going this route, as they assume people will panik - which we did and just follow the instructions. Anyways, our LL has finally filed a case with RERA against us, following us filing a case with RERA against him - and our hearing is next week. Don't panic, just go and get a similar letter or don't bother and just go to RERA - they govern tenant and landlord relations. I wonder if we have the same landlord!

300

Posts

EW EXPLORER

Latest post on 23 May 2013 - 13:08

Someone has just told me that if he needs the propery for himself (which, apparently, he does) then he doesn't have to give 12 months notice. Is this true? Have you opened and read the link I included earlier on? Hi, yes I did, thank you. I have just re-read it and it does say that - although he can demand the property back for himself - he still has to give 12 months notice. I didn't read til the end before.

5400

Posts

EW MASTER

Latest post on 23 May 2013 - 13:07

Here's a link to an article about this from December 2012, in Emirates 24/7: http://www.emirates247.com/news/emirates/can-landlord-evict-tenant-before-dubai-tenancy-contract-expires-2012-12-23-1.488271 The Q&A part is very clear that he has to give 12 months' notice even if he needs the property for himself.

1692

Posts

EW EXPERT

Latest post on 23 May 2013 - 12:56

Someone has just told me that if he needs the propery for himself (which, apparently, he does) then he doesn't have to give 12 months notice. Is this true? Have you opened and read the link I included earlier on?

1617

Posts

EW EXPERT

Latest post on 23 May 2013 - 12:56

Someone has just told me that if he needs the propery for himself (which, apparently, he does) then he doesn't have to give 12 months notice. Is this true? That's what I've always thought...ie he has to give you 12 months and it has to be for his own use ie he can't subsequently re-let it (although I don't know how it's policed!). Best of luck!

501

Posts

EW GURU

Latest post on 23 May 2013 - 12:56

Someone has just told me that if he needs the propery for himself (which, apparently, he does) then he doesn't have to give 12 months notice. Is this true? Better start looking for a new place ... how long do you have?

300

Posts

EW EXPLORER

Latest post on 23 May 2013 - 12:54

Someone has just told me that if he needs the propery for himself (which, apparently, he does) then he doesn't have to give 12 months notice. Is this true?

HereComesTheSun

544

Posts

EW GURU

Latest post on 23 May 2013 - 12:49

[b'>AnneCoulter[/b'>, what are you talking about? We do not have a Non-Renewable Contract! LaLaLayla Posts 328 QUOTE 25/02/2013 20:37:53 Unfortunately, it does say: "Renewal of Contract is at the discretion of the landlord". And "The Contract is valid up to the end of the specified period after which date it is considered null and void". Looks like we're stuffed :-( Those two phrases appear in almost every rental contract in Dubai and mean absolutely nothing.

AnneCoulter79136

211

Posts

EW NEWBIE

Latest post on 23 May 2013 - 12:27

[b'>AnneCoulter[/b'>, what are you talking about? We do not have a Non-Renewable Contract! LaLaLayla Posts 328 QUOTE 25/02/2013 20:37:53 Unfortunately, it does say: "Renewal of Contract is at the discretion of the landlord". And "The Contract is valid up to the end of the specified period after which date it is considered null and void". Looks like we're stuffed :-( And since then we have learned that it specifically needs to say 'This Contract is Non-Renewable', which is doesn't. OIC, well I was only quoting you. I don't rent so I can only learn from those who do;)

300

Posts

EW EXPLORER

Latest post on 23 May 2013 - 12:22

Thank you [b'>Kezzler[/b'>.

469

Posts

EW EXPLORER

Latest post on 23 May 2013 - 12:20

[b'>AnneCoulter[/b'>, what are you talking about? We do not have a Non-Renewable Contract! LaLaLayla Posts 328 QUOTE 25/02/2013 20:37:53 Unfortunately, it does say: "Renewal of Contract is at the discretion of the landlord". And "The Contract is valid up to the end of the specified period after which date it is considered null and void". Looks like we're stuffed :-( All contracts say this whether renewable or non-renewable. If it is non-renewable this is stated as part of the heading/title of the contract I believe. Renewable contracts still have this clause written in it, but it's not applicable unless the specific contract is stated/titled as a non-renewable.

300

Posts

EW EXPLORER

Latest post on 23 May 2013 - 12:18

[b'>AnneCoulter[/b'>, what are you talking about? We do not have a Non-Renewable Contract! LaLaLayla Posts 328 QUOTE 25/02/2013 20:37:53 Unfortunately, it does say: "Renewal of Contract is at the discretion of the landlord". And "The Contract is valid up to the end of the specified period after which date it is considered null and void". Looks like we're stuffed :-( And since then we have learned that it specifically needs to say 'This Contract is Non-Renewable', which is doesn't.

AnneCoulter79136

211

Posts

EW NEWBIE

Latest post on 23 May 2013 - 12:16

[b'>AnneCoulter[/b'>, what are you talking about? We do not have a Non-Renewable Contract! LaLaLayla Posts 328 QUOTE 25/02/2013 20:37:53 Unfortunately, it does say: "Renewal of Contract is at the discretion of the landlord". And "The Contract is valid up to the end of the specified period after which date it is considered null and void". Looks like we're stuffed :-(

300

Posts

EW EXPLORER

Latest post on 23 May 2013 - 12:08

[b'>AnneCoulter[/b'>, what are you talking about? We do not have a Non-Renewable Contract!

AnneCoulter79136

211

Posts

EW NEWBIE

Latest post on 23 May 2013 - 12:04

LaLaLayla you have had LL trouble for a while. I would have moved by now, it was clear that you had a non renewable contract, besides which, who wants to stay and fight the law when the problem has been going on for ages. Seriously, this is what renting is all about. IF I were to rent a place then I would only do so if I could obtain a 2 year contract.

711

Posts

EW GURU

Latest post on 23 May 2013 - 11:16

I wouldn't panic. A long while back, we had some dealings with the Dubai Courts and what I found is that anyone can go and prepare paperwork, have it stamped at the court (no signatures from Judge or anyone "official" and have them "served." It's like trying to be "official" but really is nothing more than a notice from the landlord. Since it may be stamped, it is nothing more than saying they filed a paper with the Courts but nothing more (in my opinion). By all means the Residential Committee will have the last say no matter what this "notice" says. Being a former paralegal, it was a real eye opener that day.

81

Posts

EW NEWBIE

Latest post on 23 May 2013 - 10:55

Please keep us posted. It could be useful info in the future. If you don't mind, I would like to know: - was your contract non-renewable? - have your contract expired and you were trying to renew? - how long did it take from him asking for rent increase and you receiving the notice? - how long have you been given to vacate the premisses? I feel very sorry for you, it must be a horrible feeling, when we are always so reassured on the effectiveness of the Rent committee on the tenant side. With my questions, I am trying to figure out the circumstances and if it is an unfortunate case of wasta or ruling by the law (in the case of the non-renewable contract). I also find this info would be very useful as a worse case scenario for the EWs having problems with the landlord. On your case I would go in person to the rent committee and try clarification and whatever you need to at least get more time to look for a new place. Good luck!

1692

Posts

EW EXPERT

Latest post on 23 May 2013 - 10:54

http://www.dubailand.gov.ae/Download.aspx?file=Upload/Issues_39015i.pdf Pg 5 point 2, c but the read the clause at the bottom of section 2. Unless this law has changed of course. Get down to the RC with this law in hand and ask them if it has been updated. Certainly when our LL tried it 2 years ago he was told regardless of him wanting to move in he had to give us 12 months notice. If your contract specifically states non renewable well then that is different.

300

Posts

EW EXPLORER

Latest post on 23 May 2013 - 10:38

I have just had the Notice translated, it says it is because he wants to live there with this family. I thought - whatever the reason - he had to give 12 months notice?

849

Posts

EW GURU

Latest post on 23 May 2013 - 10:28

Call the Rent Committee immediately.

AnneCoulter79136

211

Posts

EW NEWBIE

Latest post on 23 May 2013 - 10:28

Oh wait, I remember that you were the one with the non renewable contract. Pack up.

AnneCoulter79136

211

Posts

EW NEWBIE

Latest post on 23 May 2013 - 10:25

where is the LL from?

300

Posts

EW EXPLORER

Latest post on 23 May 2013 - 10:23

In total shock and terrified - please help me. We just got a Notice (in Arabic) from Dubai Court saying that we have to leave our villa. The villa was recently sold and the new landlord emailed us telling us that we had to pay more rent or leave. He then called us and we told him he had to give us 12 months notice. Now we get this :-( Please help.

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