Urgent - Question on RERA and LL selling property

He, his wife or someone he knows is reading EW (right about now)! ;) ok guys stop making fun of the situation.. you have another sweet (me) expat lady who is freaking out... and hm.. its ok if they read.. its ok to let people know you are 1- ****** off 2- know your right 3- have people who support 4- other people read the tenancy bible too..

And my reply; Just so you know, I dont appreciate your email at all.. we are areally upset ... also for your info too.. pleaase see this link.. I am not sure what your lawyer have told you, but seriously , the law is clear.. read artcile 25 clause 2.. like you said who wants to go to court??? we dont, but we are also aware of our rights.. you made it in your first email that we are idiots and didnot read... when we infact read, asked, and consulted.... http://thedubailaw.com/uaelaws/2010/12/dubai-law-no-33-of-2008-amending-some-provisions-of-law-no-26-of-2007-regulating-relationship-between-landlords-tenants-in-the-emirate-of-dubai/

and another email; I believe I may have been misunderstood on the meaning of the lines below. It is by no means my intention to even walk the steps of Dubai Courts to pick up the paperwork and of course it is not our intention to evacuate your family! I was only giving you the legal framework behind it because I really feel you need to be aware of it and thats all. I dont have time or mood to go into such territories, rest assured! Neither to you guys that I respect and like very much, nor anybody else! If i have to have to buy the house and have a pregnant wife in a hotel apartment then so be it! I repeat what i told you when we first met that I would never evict a family! We hope we are creating all the conditions for you to be happy to leave on your own accord. That is our intention and nothing more. Fact is that owner wants to sell the house, I want to buy that house and we are going to do everything in our power to make your transition as smooth and relaxed as possible. As i said, lets try to catch up. I would prefer face to face as emails seem to be turning counter-productive I am afraid. You know my number, please give me a call to arrange to meet whenever you feel like it. Hope you had a great vacation!

I think you are going to have problems with these people from now on and you are going to come out the loser in the end with all the emotional badgering they going to do. Let them have the place but take them up on the offer to move you at no cost to you and get out. You will only fight this again next year and they may not be willing to let you move on their dime. by next year we will be back home in the States... so we wouldnto have this situation..

Right then, I went through this recently and spent a great deal of time talking to RERA and the agent and the LL. So, here goes. If the LL wishes to sell the property he must first offer the sale of the property to you first. Then should you decline he can then advertise and sell the property. However, the LL has to give you 12 months written notoce by public notary should he wish to sell. If he does this and you have signed another contract then the new LL must keep you on as a sitting tennant. If he wishes to evict you, again he has to give you 2 months notice BUT this only counts if he needs to repair any structural damage to the property. IF he wants to move in himself or sell the proprty he has to give you 12 months written notice. Basically, he can not do what he is doing now. I would suggest that you ask him to seek advise from RERA and come back to you with another plan. I just received this email from him; Take your time, of course we are amenable to your schedule and I know you have lots of decisions to make this coming month. I have been in your shoes and i fully sympathize. I will ask realtor to hold until after mid May for viewings. I am not sure I understand what decision you need to make by mid May and nobody asked you to vacate before mid Aug. I agreed to give you plenty of time to make a decision on what to do with your future plans etc. but a decision to renew the contract beyond the 17th of Aug for another year or two would lie only with owner, not us, and its not on the table any longer since we have agreed with owner to transfer the villa to us effective as of end of May or as soon as the paperwork is done. And as you know we need the villa for own use, we are not malicious. Both owner and ourselves had to make a binding commitment - that includes both of us signing a contractually binding Sale Purchase Agreement and me assigning a cheque of $$$ AED to the property! Plus we are coming to terms with owner undertaking all the Landscaping, Interior Design and Refurbishment of the property after Aug. owner had another offer on the table and I had to go to London for two weeks. I am afraid your 17th May deadline was not possible for us to wait that long for all these reasons. I asked to meet with you before we put our signatures, just out of courtesy to you to tell you the news face to face, but you were about to go to Thailand. In any case, nothing has changed regarding our commitment to you from myself and owner and that is to make this transition in Aug as smooth as possible. I have arranged with the Agent to sort out all your agency costs for the new villa at no cost to either party and we have met your request. Emirates Homes tell me there are very nice alternatives for you in Green Community and realtor would be happy to accommodate. I hear also owner is kind enough to help you with your moving using his trucks which is very noble. There is a point which I would like to clarify, with all due respect, and by no means without insinuating anything. But you need to know what is your leverage here as Tenants and there shouldnt be any misintepretation here so that all is fair. As you understand as a Buyer and Owner I have looked into my rights and obligations for a property in Dubai as per the local law with my lawyers. I must amend my will since the Sharia'a law is restrictive. I also asked them about the rights of tenants upon disputes. They reverted to me with the attached feedback. There is a 12 month notice period for the owner to evict tenants BUT there are exclusions that are applicable immediatelly upon the expiration of the tenancy agreement. One such is Clause 1b which also applies but I think the stronger exclusion is the one at Clause 1c, the Owner is excluded from the 12 month notice if he doesnt have an alternative housing to live and this is our case (A's and mine) I am afraid. We are not local owners or regional investors, we are like you western expatriates paying rent to a hotel apartment every month and will continue to do so until we move to 895 Lily Lane on the 18th of Aug. We are planning to have a baby and I would hate for my wife to deliver in a hotel!! If we end up, which i am sure we wont, at Dubai Courts fighting an eviction with you then Dubai Courts will not acknowledge your motion in case you wish to disregard an eviction note after the 18th of Aug. Let alone the monetary and emotional fuss; it is just not worth it. Especially when we are most amenable to make your move as stress-free as possible and without any monetary cost to you as you requested. Emirates Homes never told me that you are considering extending your stay after they asked you for a vacating latter. They just told me - that you are happy to vacate upon expiration but the only thing you needed before you furnish us with a vacating letter is a confirmation that Emirates Homes will pick up the costs of finding you an equally nice property to rent. Which is exactly what they have promised. After all the - necessary I hasten to add - clarifications above, I go back and say, we are all friends here so lets try to meet up for dinner soon and plan everything out... :) Best regards <em>edited by Babysoosoo on 18/04/2012</em>

If you mean May as in next month, I would let them move me and pay the realtor. In a months time you would have to move anyway and pay those costs yourself. That is of course if I am reading this correctly. No my contract end in August and I have 3 month (May) to say if I want to leave or stay... but its only our first year in the house (well not even yet). but the prespective buyer is annoying us with the amout of emails texts etc... I mean he is eeven finding us a relator to work with... we got the house for good price so anything else wll coast more..