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Landlord Selling Help Needed

8965

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EW MASTER

Latest post on 10 October 2013 - 08:36

Hello

I have had an email today from my LL asking me for a vacating letter ( As per a new law apparently) She also states that is up to the new owner if they carry on with my tenancy contract which expires in May 2014
My understanding is that if she sells then the new owner has to provide me with proof of said sale and give me 12 months notice by notary public
Is there any links etc I can quote regarding this

Thank you

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305

Posts

EW EXPLORER

Latest post on 13 May 2014 - 00:51

if you have signed a vacating letter then you have to move out. I bet The new LL bought the property off only when your vacating letter was produced. I recently sold my property, and had to convince my tenant to sign a vacating letter. The buyer then was still unsure and wanted to wait for the tenant to completely before the property could be transferred! I had to persuade my tenant, with an additional 4000AED to speed up the moving out. TBH this may be going against the current mood of this thread - but tenants too are a nightmare- i'm not sure if i would rent out my apartment again, as evicting is a pain! Several buyers simply will not buy if the unit is not vacant! as it's way too much hassle (as proven by this thread!)

17

Posts

EW NEWBIE

Latest post on 13 May 2014 - 00:31

We are not changing our minds. We did not want to leave this property, but when the landlord tells you that her daughter wants to move in you cannot say no she can't (would be illegal anyway). Even if the new LL bought with the aim to move in, we would never have asked any questions. But we feel "tricked" into signing something under duress and with the wrong information i.e. her daughter would move in. Anyway, we will consult a lawyer or an experienced real estate Manager as per your suggestion as we don't want to do anything illegal and be out of pocket unnecessarily. But I am confused why the guy at the rent committee was so confident. Surely he hears about/sees these cases on a daily basis. Thank you for your feedback[/quote I agree that you have been tricked by the landlord by telling you something then does another...really not good. The landlord must give you 12 months notice to evict you with a reason as per Dubai law .the vacating letter is a different matter as per my previous reply. if the new landlord does not want to move in...then you could negotiate with him/her to renew your tenancy with flexibility of reasonable ,fair and acceptable terms to both parties. I am not sure if you were aware that the RC decision is not necessarily final as the landlord could take the case to the court and win the case and claim a lot of expenses from you. After all Dubai wants investors and people bring money into Dubai and not upset them! Their economy survival depends on this! <em>edited by jojo 1 on 13/05/2014</em>

4

Posts

EW NEWBIE

Latest post on 12 May 2014 - 22:26

We are not changing our minds. We did not want to leave this property, but when the landlord tells you that her daughter wants to move in you cannot say no she can't (would be illegal anyway). Even if the new LL bought with the aim to move in, we would never have asked any questions. But we feel "tricked" into signing something under duress and with the wrong information i.e. her daughter would move in. Anyway, we will consult a lawyer or an experienced real estate Manager as per your suggestion as we don't want to do anything illegal and be out of pocket unnecessarily. But I am confused why the guy at the rent committee was so confident. Surely he hears about/sees these cases on a daily basis. Thank you for your feedback

17

Posts

EW NEWBIE

Latest post on 12 May 2014 - 21:09

Thanks for the feedback! Just to clarify. We signed a vacating letter in June 2013 with the old LL who wanted us out there and then because her daughter was going to move in. Then she mentioned in an email that she will move in in June 2014 instead, since she has to give notice and made us sign the vacating letter (no reason was stated on the actual letter). But then she SOLD the property in January 2014 and the new LL is an investor with 30 properties. But he wants us out based on the old vacating letter. After this post I actually went to the rent committee and a senior Emirati guy told us that the vacating letter by the old LL is no longer valid as she has sold the property and that it all starts from scratch with the new LL. He said that if by end June they do not give us a contract we should file a case. That if new LL wants to evict us he has to give 12 months notice. BUT now that I have read the below posts I am not sure who is correct??? I told him repeatedly we don't want to do anything illegal! I believe whoever advised on the vacating letter does not apply to the new owner,is wrong. The vacating letter signed by you and agreed with the previous landlord and on this basis the new landlord bought the property and you can not legally stay beyond the date agreed on the vacating letter. The vacating letter is a legal document agreed and signed by you to leave the property on certain dates so you can not change your mind later on ! You can confirm this with a lawyer as I did previously. I am sorry,it is simply you have no legal right to stay in the property beyond the date agreed with the previous landlord in the vacating letter. You will be taken to court otherwise and pay all the costs involved and more. Check this with a lawyer or experience realestate manager. This is why many tenancy agreements drawn today have a clause indentical to a vacating letter that you have to sign, so the tenant can not stay in the property beyond the time frame specified in the tenancy agreement.This is the simplest way to avoid any legal problems later on with the tenants vacating at the end of the tenancy. vacating letter is simply is (you are giving the landlord a notice of terminating your tenancy!). <em>edited by jojo 1 on 12/05/2014</em>

4

Posts

EW NEWBIE

Latest post on 12 May 2014 - 09:30

Thanks for the feedback! Just to clarify. We signed a vacating letter in June 2013 with the old LL who wanted us out there and then because her daughter was going to move in. Then she mentioned in an email that she will move in in June 2014 instead, since she has to give notice and made us sign the vacating letter (no reason was stated on the actual letter). But then she SOLD the property in January 2014 and the new LL is an investor with 30 properties. But he wants us out based on the old vacating letter. After this post I actually went to the rent committee and a senior Emirati guy told us that the vacating letter by the old LL is no longer valid as she has sold the property and that it all starts from scratch with the new LL. He said that if by end June they do not give us a contract we should file a case. That if new LL wants to evict us he has to give 12 months notice. BUT now that I have read the below posts I am not sure who is correct??? I told him repeatedly we don't want to do anything illegal!

17

Posts

EW NEWBIE

Latest post on 11 May 2014 - 17:06

Hello I have had an email today from my LL asking me for a vacating letter ( As per a new law apparently) She also states that is up to the new owner if they carry on with my tenancy contract which expires in May 2014 My understanding is that if she sells then the new owner has to provide me with proof of said sale and give me 12 months notice by notary public Is there any links etc I can quote regarding this Thank you I advise you not to sign a vacating letter and if you do then you will have to move out on the date agreed on vacating letter.The rental committee do not interfere in issues already agreed by the two parties. I suggest you ask the current landlord to give you a 12 months notice with the reason for eviction. The current tenancy agreement will be binding and transferrable to the new owner . If the current landlord issue you with eviction notice (must be 12 months) this too is transferrable to the new owner and you can not ask for a new notice from the new owner. After the 12 months notice then you have to leave and the landlord does not require to give you any proof of selling...etc but he/she cannot rent it for 2 years.

17

Posts

EW NEWBIE

Latest post on 11 May 2014 - 16:33

Hi ladies. I was just wondering what the outcome was on the below case. We were asked to sign a vacating letter in June 2013 not stating the reason (though her email leading up to this letter stated her daughter was moving in, so we thought fair enough and we signed). However, she has sold the property in January and the new landlord is saying he bought the property because of this vacating letter. New LL lives in the UK and owns 30 properties in Dubai so is not moving in. Is our old LL's vacating letter valid in this case? You seem to have had a very similar experience, so would love to hear from you. Thanks. No legal! A reason MUST be given for asking a tenant to vacate, with 12 months notice - RERA are absolutely clear on this. My LL sent me a 2 month notice stating he didn't wish to renew my tenancy agreement - this was also in my contract - but I have all the emails clearly outlining his only reason is to push the rent up - RERA told me in no uncertain terms that the law overrules this and he HAS to renew under the old terms - end of story. If you signed a vacating letter ....this is the end of the matter and the landlord has the right to take it from you.....Rental committee do not interfere in issues that was agreed between the two parties. It is irrelevant of the 12 months notice and this is a different matter as this an eviction notice that the landlord has to give you before evicting you but in your case you have agreed to sign a vacating letter on certain date and after this date it will be illegal to stay in the accommodation. Do not confuse the two issues! I am afraid there is nothing you can do....sorry. edited by jojo 1 on 11/05/2014 my friend has just been through a similar thing. She opened a case at the RC and lost as a vacating letter was given with 12 months notice. Absolutely correct.... no point to go to the rental committee if you have signed a vacating letter .You will have to vacate and the landlord could take this further to the court and ask for damages ...this has happened with a friend who refused to vacate and the landlord won the damages , legal costs with loss of earnings ..amounted to AEd 221,000. The landlords can be very ruthless when they are on the right side of the law. <em>edited by jojo 1 on 11/05/2014</em>

8965

Posts

EW MASTER

Latest post on 11 May 2014 - 16:19

Hi ladies. I was just wondering what the outcome was on the below case. We were asked to sign a vacating letter in June 2013 not stating the reason (though her email leading up to this letter stated her daughter was moving in, so we thought fair enough and we signed). However, she has sold the property in January and the new landlord is saying he bought the property because of this vacating letter. New LL lives in the UK and owns 30 properties in Dubai so is not moving in. Is our old LL's vacating letter valid in this case? You seem to have had a very similar experience, so would love to hear from you. Thanks. No legal! A reason MUST be given for asking a tenant to vacate, with 12 months notice - RERA are absolutely clear on this. My LL sent me a 2 month notice stating he didn't wish to renew my tenancy agreement - this was also in my contract - but I have all the emails clearly outlining his only reason is to push the rent up - RERA told me in no uncertain terms that the law overrules this and he HAS to renew under the old terms - end of story. If you signed a vacating letter ....this is the end of the matter and the landlord has the right to take it from you.....Rental committee do not interfere in issues that was agreed between the two parties. It is irrelevant of the 12 months notice and this is a different matter as this an eviction notice that the landlord has to give you before evicting you but in your case you have agreed to sign a vacating letter on certain date and after this date it will be illegal to stay in the accommodation. Do not confuse the two issues! I am afraid there is nothing you can do....sorry. edited by jojo 1 on 11/05/2014 my friend has just been through a similar thing. She opened a case at the RC and lost as a vacating letter was given with 12 months notice.

17

Posts

EW NEWBIE

Latest post on 11 May 2014 - 16:13

Hi ladies. I was just wondering what the outcome was on the below case. We were asked to sign a vacating letter in June 2013 not stating the reason (though her email leading up to this letter stated her daughter was moving in, so we thought fair enough and we signed). However, she has sold the property in January and the new landlord is saying he bought the property because of this vacating letter. New LL lives in the UK and owns 30 properties in Dubai so is not moving in. Is our old LL's vacating letter valid in this case? You seem to have had a very similar experience, so would love to hear from you. Thanks. No legal! A reason MUST be given for asking a tenant to vacate, with 12 months notice - RERA are absolutely clear on this. My LL sent me a 2 month notice stating he didn't wish to renew my tenancy agreement - this was also in my contract - but I have all the emails clearly outlining his only reason is to push the rent up - RERA told me in no uncertain terms that the law overrules this and he HAS to renew under the old terms - end of story. If you sign a vacating letter ....this is the end of the matter and the landlord has the right to take it from you.....Rental committee do not interfere in issues that was agreed between the two parties. It is irrelevant of the 12 months notice and this is a different matter as this an eviction notice that the landlord has to give you before evicting you with the reason as mentioned by the other ladies but in your case if you sign a vacating letter on certain date and after this date it will be illegal to stay in the accommodation. Do not confuse the two issues! I am afraid there is nothing you can do....sorry. edited by jojo 1 on 11/05/2014 <em>edited by jojo 1 on 11/05/2014</em>

2264

Posts

EW EXPERT

Latest post on 08 May 2014 - 07:07

Sorry to hijack, what are the rules in this case: Tenant has 3 year lease, at the end of the 3 years, the LL and tenant sign a 1 year contract. The contract says "this contract is not renewable, not negotiable, ends in 1 year, ends in March 2015" etc. But no formal 12 month notice has been given? I don't think RERA recognise non-renewable contracts. If they want you out in 12 months, they have to give you 12 months notice with the reason. Call RERA 600 555556

2584

Posts

EW EXPERT

Latest post on 08 May 2014 - 07:06

Sorry to hijack, what are the rules in this case: Tenant has 3 year lease, at the end of the 3 years, the LL and tenant sign a 1 year contract. The contract says "this contract is not renewable, not negotiable, ends in 1 year, ends in March 2015" etc. But no formal 12 month notice has been given?

2264

Posts

EW EXPERT

Latest post on 08 May 2014 - 06:35

Hi ladies. I was just wondering what the outcome was on the below case. We were asked to sign a vacating letter in June 2013 not stating the reason (though her email leading up to this letter stated her daughter was moving in, so we thought fair enough and we signed). However, she has sold the property in January and the new landlord is saying he bought the property because of this vacating letter. New LL lives in the UK and owns 30 properties in Dubai so is not moving in. Is our old LL's vacating letter valid in this case? You seem to have had a very similar experience, so would love to hear from you. Thanks. No legal! A reason MUST be given for asking a tenant to vacate, with 12 months notice - RERA are absolutely clear on this. My LL sent me a 2 month notice stating he didn't wish to renew my tenancy agreement - this was also in my contract - but I have all the emails clearly outlining his only reason is to push the rent up - RERA told me in no uncertain terms that the law overrules this and he HAS to renew under the old terms - end of story.

134

Posts

EW NEWBIE

Latest post on 07 May 2014 - 21:21

I would tell the new owner you were not given the proper notice (12 months, notarised etc) and therefore will not be moving out. He will need to lodge a case against you at the Rent Committee who will most likely take a very dim view to this vacating 'agreement' you were tricked into signing. Make sure you keep the email showing the old LL lied about her relative moving in. We had a similar situation and won our case as proper notice had not been served. Our new LL was actually quite understanding.

4

Posts

EW NEWBIE

Latest post on 07 May 2014 - 11:51

Hi ladies. I was just wondering what the outcome was on the below case. We were asked to sign a vacating letter in June 2013 not stating the reason (though her email leading up to this letter stated her daughter was moving in, so we thought fair enough and we signed). However, she has sold the property in January and the new landlord is saying he bought the property because of this vacating letter. New LL lives in the UK and owns 30 properties in Dubai so is not moving in. Is our old LL's vacating letter valid in this case? You seem to have had a very similar experience, so would love to hear from you. Thanks.

4393

Posts

EW MASTER

Latest post on 11 October 2013 - 12:24

A few people where we live have mentioned this and we all suspect it's greedy landlords trying to scare them into moving out, so they can ask higher rents. I do know though, that a number have also won their cases when they have taken the landlord to court. Unfortunately a lot of landlords have no idea of the laws regarding tenants. Thank you If you can wait till the weekend I can let you have a copy of a document that someone created with all the info required for tenants in situations like this. I'd be more than happy to share it with you. Yes please thank you so much for your help I'll have to email the info to you as it's too much to put on here. Can I have your email address please, or do I have it ??? <em>edited by Geordie expat on 11/10/2013</em>

8965

Posts

EW MASTER

Latest post on 10 October 2013 - 09:55

A few people where we live have mentioned this and we all suspect it's greedy landlords trying to scare them into moving out, so they can ask higher rents. I do know though, that a number have also won their cases when they have taken the landlord to court. Unfortunately a lot of landlords have no idea of the laws regarding tenants. Thank you If you can wait till the weekend I can let you have a copy of a document that someone created with all the info required for tenants in situations like this. I'd be more than happy to share it with you. Yes please thank you so much for your help

4393

Posts

EW MASTER

Latest post on 10 October 2013 - 09:54

A few people where we live have mentioned this and we all suspect it's greedy landlords trying to scare them into moving out, so they can ask higher rents. I do know though, that a number have also won their cases when they have taken the landlord to court. Unfortunately a lot of landlords have no idea of the laws regarding tenants. Thank you If you can wait till the weekend I can let you have a copy of a document that someone created with all the info required for tenants in situations like this. I'd be more than happy to share it with you.

8965

Posts

EW MASTER

Latest post on 10 October 2013 - 09:33

A few people where we live have mentioned this and we all suspect it's greedy landlords trying to scare them into moving out, so they can ask higher rents. I do know though, that a number have also won their cases when they have taken the landlord to court. Unfortunately a lot of landlords have no idea of the laws regarding tenants. Thank you

4393

Posts

EW MASTER

Latest post on 10 October 2013 - 09:28

A few people where we live have mentioned this and we all suspect it's greedy landlords trying to scare them into moving out, so they can ask higher rents. I do know though, that a number have also won their cases when they have taken the landlord to court. Unfortunately a lot of landlords have no idea of the laws regarding tenants.

Madge_Gustard59558

841

Posts

EW GURU

Latest post on 10 October 2013 - 09:24

I have never heard of this new law? and want her to prove this to me I strongly suspect it doesn't exist.

8965

Posts

EW MASTER

Latest post on 10 October 2013 - 09:22

I have had an email today from my LL asking me for a vacating letter ( As per a new law apparently) I trust that you won't provide anything until you've confirmed the existence of this "new law" with RERA? She also states that is up to the new owner if they carry on with my tenancy contract which expires in May 2014. My understanding is that if she sells then the new owner has to provide me with proof of said sale and give me 12 months notice by notary public Is there any links etc I can quote regarding this "2.12 Eviction at Contract Expiry–12 Months’ Notice (Article 24 (2)) 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 [b'>at least twelve months prior to the determined date of eviction[/b'> subject that such notice be sent through the Notary Public or by registered mail. Things to note here, firstly these 4 reasons are the ONLY reasons a LL can seek to evict you at contract expiry. Secondly they MUST give 12 months’ notice and that notice cannot be by email, text, phone etc. but by notary public or registered mail. Thirdly the date of eviction is 12 months from the expiry of your current contract i.e. if it is now 1st March and your contract runs until 30 July then eviction is on 30 July the following year" Hello, no I haven't. I have seen the above and have also spoken with a friend who is a company lawyer for a real estate company here. He said he will help me prepare a reply. I have never heard of this new law? and want her to prove this to me Thank you so much for your reply

Madge_Gustard59558

841

Posts

EW GURU

Latest post on 10 October 2013 - 09:20

I have had an email today from my LL asking me for a vacating letter ( As per a new law apparently) I trust that you won't provide anything until you've confirmed the existence of this "new law" with RERA? She also states that is up to the new owner if they carry on with my tenancy contract which expires in May 2014. My understanding is that if she sells then the new owner has to provide me with proof of said sale and give me 12 months notice by notary public Is there any links etc I can quote regarding this "2.12 Eviction at Contract Expiry–12 Months’ Notice (Article 24 (2)) 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 [b'>at least twelve months prior to the determined date of eviction[/b'> subject that such notice be sent through the Notary Public or by registered mail. Things to note here, firstly these 4 reasons are the ONLY reasons a LL can seek to evict you at contract expiry. Secondly they MUST give 12 months’ notice and that notice cannot be by email, text, phone etc. but by notary public or registered mail. Thirdly the date of eviction is 12 months from the expiry of your current contract i.e. if it is now 1st March and your contract runs until 30 July then eviction is on 30 July the following year"

4393

Posts

EW MASTER

Latest post on 10 October 2013 - 09:17

I would check with RERA as my first priority. I have never heard of a vacating letter. Yes you need to see proof of sale and if they decide to give you 12 months notice, it has to be for the reasons stated in the law. All I can think of at the moment is - they need to move in, a first degree relative (and I think that needs to be their son) is moving in, or they're going to carry out alterations to the place. I think that's more for villas than apartments. Hope this helps

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Dubai Flood Risk to Be Cut Down by 700% With New Tunnel

8 Beauty Treatments in Dubai for busy moms

8 Beauty Treatments in Dubai: Self-Care Recommendations for Busy Moms

Mashreq NEO NXT Account | Why Kids and Teens Need Financial Education

Why Teens Need Real-World Financial Education?

E-scooters are no longer banned on the Dubai Metro stations and trains

RTA Finally Lifts E-Scooter Ban From Dubai Metro

Spa packages at Saray Spa in JW Marriott Marquis Hotel Dubai

Step Into the Ultimate Relaxation Bliss With Saray Spa's Pampering Packages

How to book Dubai taxi through WhatsApp

Booking Taxis in Dubai: How to Hail a Taxi Through WhatsApp

Experience Extended Stays and Special Savings at Le Meridien Al Aqah Beach Resort UAE

Soak Up the Summer With the Ultimate UAE Staycation Special

RTA Dubai flying taxi official launch date

Image credit: Joby Aviation.

RTA Finally Confirms Launch Date of Dubai's Flying Taxis

Region's first ever baseball park to open in the UAE

First-Ever Baseball Park in the Middle East Will Be Opening in the UAE

Are "own visa" Domestic Workers legal in the UAE?

Are "Own Visa" and Freelancer Visa Domestic Workers Legal in the UAE?

Where to See Animals in the Wild in the UAE

Where to See Animals in the Wild in the UAE

UAE food delivery scam news

UAE Residents Be Wary of Food Delivery Scams

How to get a car loan in Dubai and UAE

What Are the Requirements For a Car Loan in Dubai?

Dubai pilot launches 4-day work week for government employees

Dubai Announces Pilot Launch of 4-Day Work Week For Employees

Health insurance will be included in UAE tourist visa

Visitors Will Soon Get Health Insurance With Their UAE Tourist Visas