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12 months eviction notice for selling property? Is LL allowed to re-let?

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584

Posts

EW GURU

Latest post on 24 January 2016 - 16:33

I Apologise for bringing this thread up. So..how did everyone got on? To cut my story short..our LL sent us to court and we won ? Finally found a place. We due to leave in a week. Suspicion has risen after talking to one of workers in the tower this afternoon. Apparently the new owners who supposedly taking over the apartment has bought the place and his name should appear on the deed. Worker now saying seen no docs for this apartment and no change of ownership. Instead keeps getting calls whether the apartment is empty hmmm :confused: How do I find out if the place actually been sold..have this feeling our LL sold the place to a family member.. Would like some advice before taking the legal route, TIA

IzzyOnTheSeat82823

5334

Posts

EW MASTER

Latest post on 05 March 2015 - 07:28

"Do you really think that you have the moral right to remain in somoene's property after they have given you a year's notice to leave?" Yes I actually do believe that tenants have a right to stay in someones property if the LL only wants to evict tenants to increase rent - the purpose of the 12 month notice is either if the LL wants to move in or sell; not if they want to increase rent.I believe that anyone that purchased property in the last 12-15 months when the market was at its peak would find it extremely hard to find a buyer at the same or higher price and so it would be rare for them to actually sell in the current market. It is unfortunate that tenants are expected to pack and leave every couple of years because of greedy LL's but am glad that the tenancy laws are in favor of tenants and RERA seems to be geared at preventing unreasonable increases in rent and unfair eviction of tenants. why do you have the right to remain in a property after the owner has asked you to move out? A year's notice is fair..... if he wants to get a greater return on HIS investment - good on him..... shocking that people think that they are entitled to live in someone's elses property for as long as they want..... put the shoe on the other foot and then think about your response....

25

Posts

EW NEWBIE

Latest post on 04 March 2015 - 22:06

We found out from our neighbors today (LL owns their apartment too) that the LL is asking for almost double the rent or eviction....typical!

183

Posts

EW NEWBIE

Latest post on 04 March 2015 - 16:23

Almost30, you have been given one year's notice to vacate the property. As is the law. Your landlord apparently wants to sell his property. As is his right. It's his asset. He can dispose of it as and when he chooses. If he subsequently moves in other tenants at a higher rent, then you have the right to pursue a case with RERA. But until that happens, what right do you have to remain in the property beyond the 12 month notice period merely because it suits you? The landlord has the right to sell his asset without a sitting tenant. Having you [i'>in situ [/i'>might negatively affect the price. Are you seriously claiming that your landlord has no right to sell the property vacant even when you have been given 12 months to find alternate arrangements? Good. Grief.

4393

Posts

EW MASTER

Latest post on 04 March 2015 - 16:22

I don't have an objection if the LL is genuinely trying to sell the property as vacant. The problem is that majority of them use this as an excuse to rent at a higher price. We've seen it happen to a number of our friends and neighbours. They move out and within days a 'for rent' sign goes up. And yes, so far it's always been the old LL

25

Posts

EW NEWBIE

Latest post on 04 March 2015 - 15:45

"Do you really think that you have the moral right to remain in somoene's property after they have given you a year's notice to leave?" Yes I actually do believe that tenants have a right to stay in someones property if the LL only wants to evict tenants to increase rent - the purpose of the 12 month notice is either if the LL wants to move in or sell; not if they want to increase rent.I believe that anyone that purchased property in the last 12-15 months when the market was at its peak would find it extremely hard to find a buyer at the same or higher price and so it would be rare for them to actually sell in the current market. It is unfortunate that tenants are expected to pack and leave every couple of years because of greedy LL's but am glad that the tenancy laws are in favor of tenants and RERA seems to be geared at preventing unreasonable increases in rent and unfair eviction of tenants.

584

Posts

EW GURU

Latest post on 01 March 2015 - 18:24

So ladies, no movement at my end. Into March LL wants to sell and still no estate agent has come in to take pics of the apartment! I love where we are am so gutted we have to move out after 6 yrs! :( LL has be great all of those yrs and now decides to be awkward :angry: <em>edited by Fr!zzyBusY on 01/03/2015</em>

IzzyOnTheSeat82823

5334

Posts

EW MASTER

Latest post on 01 March 2015 - 10:36

I have been given VERBAL notice that my LL wants his property back after this year's contract. Its his property, he can do what he wants with it. I will move out on a happy note that he was a good guy, fair to me and i had great rent for 3 years. After all he OWNS the property, i do not.

183

Posts

EW NEWBIE

Latest post on 01 March 2015 - 10:09

[i'>Do you really think that you have the moral right to remain in somoene's property after they have given you a year's notice to leave?[/i'> Good point Izzy. Also, why on earth should the landlord be forced to sell his property with a sitting tenant in it? He should have the right to serve notice and sell it vacant because if it's occupied that might negatively affect the sale price. The property is his asset to sell as and when he sees fit.

IzzyOnTheSeat82823

5334

Posts

EW MASTER

Latest post on 01 March 2015 - 09:58

Do you really think that you have the moral right to remain in somoene's property after they have given you a year's notice to leave?

164

Posts

EW NEWBIE

Latest post on 01 March 2015 - 09:54

i am going first thing tmrw morning ..building apparently sold but we checked and the building is still registered in the old LL name . we asked for the new ll details .. nothing !! they sent us the so called 12 month notice ..apparently by registered post ..which we did not receive ..so long story short , i am fighting the case ..

25

Posts

EW NEWBIE

Latest post on 28 February 2015 - 19:55

Has anyone actually taken the LL to court for this kind of issue and won? What would be the best time to go to court and what would constitute proof that the LL is trying to hike up rent through the eviction notice?

25

Posts

EW NEWBIE

Latest post on 08 February 2015 - 17:32

I finally got around to calling RERA & the rental dispute committee today and here is what I understand: 1. By Law the LL doesn't have to sell the property within 12 months from providing the vacating notice 2. If the LL asks the tenant to leave at the end of the 12 months and is not ready to renew the contract for another term then he cannot relet the property for a period of 2 preceeding years. If the tenant finds out that he has relet the property then the tenant can claim compensation from the LL. 3.If the LL starts re-negotiating the terms of renewing the contract and asks for an unreasonable amount that the tenant is unwilling to pay then the tenant should get the asking amount from the LL in writing - email/new rent contract etc. and file a case against the LL in the rental dispute committee. The person at the rental dispute committee said this would be viewed as solid proof that he is just interested in increasing the rent and not in selling. 4.It would cost 3.5% of the tenants current rental contract to lodge a case and if the tenant wins this amount is refunded. If tenant losses then this amount is nonrefundable. It takes approx. 2 weeks from lodging the case to get a hearing ( not sure how much longer to get a judgement). In the period while the case is open the tenant doesn't have to leave the property. If anyone has any additional information - please share.

437

Posts

EW EXPLORER

Latest post on 02 February 2015 - 13:49

We've been told that if your property is sold within the 12 months notice period, you as tenants have first option to rent from your new LL. Always worth an ask, unless he definitely wants to live in it himself. That is what I heard, nothing about an extra 12 months on top of the 12 that have already been given. I think once you have had your 12 months that is it ( If it has been sold) That's also what I heard. We had the same problem around 6 years ago and the landlord moved new tenants in. We tried to pursue this with Dubai municipality but it was costly and they weren't really interested. Hopefully it's changed now.

4393

Posts

EW MASTER

Latest post on 02 February 2015 - 12:07

Ok, found this ; 4. If your landlord wants to sell the property, he can do so with you still living there The property can be sold with you still living in the property. This will be marketed as a property with a sitting tenant. If the new buyer wants to move in, they must give you a 12-month eviction notice once the property is handed over to them. - See more at: http://www.souqalmal.com/blog/know-your-rights-as-a-tenant/#sthash.FrV3qOya.dpuf You just beat me to it. Someone we know has had 4 different LL in as many years and they are still living in the property at a decent rent. Must have been so lucky with their new LL's

8965

Posts

EW MASTER

Latest post on 02 February 2015 - 12:06

We've been told that if your property is sold within the 12 months notice period, you as tenants have first option to rent from your new LL. Always worth an ask, unless he definitely wants to live in it himself. That is what I heard, nothing about an extra 12 months on top of the 12 that have already been given. I think once you have had your 12 months that is it ( If it has been sold)

279

Posts

EW NEWBIE

Latest post on 02 February 2015 - 12:04

Ok, found this ; 4. If your landlord wants to sell the property, he can do so with you still living there The property can be sold with you still living in the property. This will be marketed as a property with a sitting tenant. If the new buyer wants to move in, they must give you a 12-month eviction notice once the property is handed over to them. - See more at: http://www.souqalmal.com/blog/know-your-rights-as-a-tenant/#sthash.FrV3qOya.dpuf

4393

Posts

EW MASTER

Latest post on 02 February 2015 - 12:03

We've been told that if your property is sold within the 12 months notice period, you as tenants have first option to rent from your new LL. Always worth an ask, unless he definitely wants to live in it himself.

8965

Posts

EW MASTER

Latest post on 02 February 2015 - 11:58

The Landlord is entitled to give 12 Months Notice if he wants to sell the property empty. However… 1. If it is sold within the 12 months, the new owner is required to give you another 12 Months Notice. So, if he sold it today, you would legally be allowed to stay until Jan 2016. 2. If it is not sold, the Landlord is not allowed to rent the property for 2 years. This is monitored through Ejari. I was at the Land Department the week before last, so this is the most up-to-date information. REALLY !! We are in the same boat, we got notice in December,( contract is march to march??) contract until Dec 15, 2015 . The Property is as good as sold, does that mean we should be able to stay longer and not have to get out 10 days before Christmas? Please Advise Ladies I would pop along to the RC and make it official :-)

279

Posts

EW NEWBIE

Latest post on 02 February 2015 - 11:42

The Landlord is entitled to give 12 Months Notice if he wants to sell the property empty. However… 1. If it is sold within the 12 months, the new owner is required to give you another 12 Months Notice. So, if he sold it today, you would legally be allowed to stay until Jan 2016. 2. If it is not sold, the Landlord is not allowed to rent the property for 2 years. This is monitored through Ejari. I was at the Land Department the week before last, so this is the most up-to-date information. REALLY !! We are in the same boat, we got notice in December,( contract is march to march??) contract until Dec 15, 2015 . The Property is as good as sold, does that mean we should be able to stay longer and not have to get out 10 days before Christmas? Please Advise Ladies

8965

Posts

EW MASTER

Latest post on 02 February 2015 - 11:35

A close friend of mine is in the process of taking their ex LL to court for this reason They have submitted the claim and paperwork to the RC I shall let you know how they get on I think a fair few people will be going through this in 2015 Please do Sarahlou. Fingers crossed hope your friend gets sorted soon. I may be going through it myself I shall keep you posted!

584

Posts

EW GURU

Latest post on 02 February 2015 - 11:14

A close friend of mine is in the process of taking their ex LL to court for this reason They have submitted the claim and paperwork to the RC I shall let you know how they get on I think a fair few people will be going through this in 2015 Please do Sarahlou. Fingers crossed hope your friend gets sorted soon.

8965

Posts

EW MASTER

Latest post on 01 February 2015 - 12:28

A close friend of mine is in the process of taking their ex LL to court for this reason They have submitted the claim and paperwork to the RC I shall let you know how they get on I think a fair few people will be going through this in 2015

584

Posts

EW GURU

Latest post on 01 February 2015 - 10:28

The Landlord is entitled to give 12 Months Notice if he wants to sell the property empty. However… 1. If it is sold within the 12 months, the new owner is required to give you another 12 Months Notice. So, if he sold it today, you would legally be allowed to stay until Jan 2016. 2. If it is not sold, the Landlord is not allowed to rent the property for 2 years. This is monitored through Ejari. I was at the Land Department the week before last, so this is the most up-to-date information. I agree. Were in the same boat as the OPs mentioned above our LL wants to sell too but we are not convinced he is selling so we are watching very closely how this pans out. We have up to Feb 2016.

300

Posts

EW EXPLORER

Latest post on 01 February 2015 - 08:30

The Landlord is entitled to give 12 Months Notice if he wants to sell the property empty. However… 1. If it is sold within the 12 months, the new owner is required to give you another 12 Months Notice. So, if he sold it today, you would legally be allowed to stay until Jan 2016. 2. If it is not sold, the Landlord is not allowed to rent the property for 2 years. This is monitored through Ejari. I was at the Land Department the week before last, so this is the most up-to-date information.

51

Posts

EW NEWBIE

Latest post on 31 January 2015 - 20:57

There's a slight chance that the LL really does want to sell, but it's by far more likely that s/he just wants you out in order to bring in a new tenant at a higher rent. This is, of course, illegal, so it's important that you talk to the Rent Committee about your suspicions and confirm your options. Please, do NOT just let the LL get away with it.

573

Posts

EW GURU

Latest post on 31 January 2015 - 11:10

I'm in the same Boat, I'm sure its just a tactic to get us out and get more rent from someone else. I will contact RERA to know my rights closer to 3 months expiry and see what my rights are.

573

Posts

EW GURU

Latest post on 31 January 2015 - 11:10

I'm in the same Boat, I'm sure its just a tactic to get us out and get more rent from someone else. I will contact RERA to know my rights closer to 3 months expiry and see what my rights are.

2043

Posts

EW EXPERT

Latest post on 31 January 2015 - 11:01

I don't think you have any right to remain after the 12 month notice period but the owner may be prepared to discuss you staying on a month by month lease while the sale goes through. Or perhaps if there is little interest from potential purchasers you may get another 12 month lease, not sure if the rent calculator would be applied on your current rent though, they may try to get a 'market' rent instead.

25

Posts

EW NEWBIE

Latest post on 31 January 2015 - 00:32

Hi We were served a 12 months eviction notice by registered post by the LL in May 2014 as he wants to sell the place so we are due to vacate in May 2015. I have a couple of related questions: 1. No one has come to see the place yet, if in May 2015 the place is still not sold are we allowed to stay at the old rent contract/RERA calculated rent increase? 2.If he sells to a new owners who is an investor then do we get first right to make an offer and will it be based on the RERA rent calculator? 3. For how long is the LL not allowed to re-let the same property? If anyone has experience dealing with RERA or the Disputes Committee on this issue and could advice it would help. Thanks M

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