Dubai tenant finds new villa uninhabitable and wants landlord to change contract

Dubai tenant finds new villa uninhabitable and wants landlord to change contract

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On 28-03-2017

Dubai tenant finds new villa uninhabitable and wants landlord to change contract

My present tenancy contract expires on May 31. This year the landlord gave me the proper 90 days’ notice for eviction through email last month. And through public notary, he had sent an eviction notice last October. He is looking for my response 90 days before the expiry of the lease. When do I have to give him a decision? I would like to stay in the same flat. What do I need to do? PB, Dubai

Allow me to clarify some points. You mention that your landlord gave you an eviction notice in October 2016 sent via public notary, which is the correct method for communicating eviction notices. I also presume that the reason for the eviction was stated. The four main reasons for the eviction of tenants allowed by law are:

Selling

• For self-use or use by next of kin of first degree

• For reason of extensive modernisation that would prevent the tenant from living in the property while the work was carried out

• For reason of demolition

For these two last points, the landlord would also have to give evidence of the reason by showing a technical report from the concerned authority.

If the eviction notice sent in October did in fact follow one of the above reasons, there is little you can do about staying beyond October 2017. You will unfortunately have to vacate at this date. For now, I would inform your landlord that you wish to renew the contract, therefore you ought to be able to sign a new agreement until at least October 2017.

Just to add some confusion to this, Law 33 of 2008 states that a 12-month eviction not­ice should be served to the tenant upon expiry of the tenancy agreement. Your landlord did not do this then, he served the eviction notice a full seven months before the expiry of your agreement. If you were to question this by filing a complaint at the rental dispute committee, it is possible that a judge will uphold this or the judge could also easily agree that the 12-month notice served is sufficient irrespective of when it is served.

I stress that the interpretation of the law is determined only by the judge at the rent committee, therefore I cannot give you a definitive answer on how it will go one way or the other should you decide to complain to stay longer.

( courtesy of TheNational )