‘How can I stop my landlord from re-letting a unit to get higher rent?’

Q My landlord notified me via email about a rent increase on January 8 and the tenancy agreement expires on March 31. We settled for an amount on email. But the landlord sent me a 12-month eviction notice, citing his desire to sell. Can I now refuse to accept it because the notice was served less than 90 days before expiry? I have yet to sign the renewal and wish to renew it at the current amount. I also want to put a block on the apartment’s Ejari. Is it possible to do so when I move out or should I wait for the landlord to rent it out at a higher price? VC, Dubai

A Although you have agreed to the rent increase, technically you could still contest it, as the communication for changing the contract was done outside the 90-day window.

If the owner does not agree to change again, stating that he thought an agreement was in place, you will need to file a case at the Rental Dispute Settlement Committee.

I cannot confirm what the outcome would be, given the laws are not set on precedent.

You need to inform the landlord of your reason for no longer agreeing to the increase. It would be best to reach a mutually acceptable agreement.

Under Law 33 of 2008, landlords are not allowed to send a 12-month eviction notice saying he or his first-degree next of kin intend to move in, even though they plan to re-let.

By evicting a tenant under these circumstances, a landlord cannot re-let the property for two years. However, when the eviction is for the reason of selling, the law is silent on the ability to re-let. Should the property not be sold, any decision on what happens next will be down to an RDSC judge. You will have to test the court system by filing a case at the RDSC to see if the judge will offer you compensation for being evicted on the grounds of selling, but the owner then goes on to re-let it again.

I would suggest you contact Ejari to find out what can be done. The law is in place to stop landlords evicting tenants to gain the maximum rent.

However, further investigation is also needed.

My previous landlord evicted me because he wanted to renovate the villa, and then he moved in. My current landlord has been issuing notices of sale to most of his tenants, but there are no signs of selling. I am facing the prospect of moving out. If I resist and stay, is it easy for the landlord to demonstrate that he is selling by providing a simple broker contract? Can I win my case if the property is rented within two years? While the law appears to protect the tenant, it only compensates for costs incurred. If that includes only moving and storage costs, it is much less than the increase in rent. OT, Dubai

The first thing to point out is that the law in the UAE is not set on precedent.

My understanding is that if a landlord evicts a tenant and then goes on to re-let for a higher rent, the law protects the tenant by offering compensation. This includes moving costs and rent.

People face different situations and will get varied RDSC solutions. If the landlord wishes to evict you for the reason of renovations, he has to show approvals from entities such as the municipality.

This stops landlords from using this as an excuse.

If the landlord states that he is selling, he needs to send a 12-month notice. Unfortunately, when rents are trending upwards, landlords will try to maximise their investment.

It is clear the law is fair and protects all parties.

Mario Volpi is the sales director at AX Capital. He has worked in the property sector for 39 years, in London and Dubai. The opinions expressed do not constitute legal advice and are provided for information only. Please send any questions to m.volpi@axcapital.ae