‘Can I claim payout if my landlord re-lets the apartment after evicting me?’

Q

I recently had to vacate the apartment I rent after my 12-month eviction notice came to an end on the basis that the landlord was selling the property. Later I realised the landlord had re-rented the apartment within a few days of us leaving and registered an Ejari contract for a higher amount of rent.

There was a difference of Dh12,500 ($3,403) between what I was paying and the new rent. When I presented this information to the landlord, he said he had sold the apartment and was merely helping the buyer to move in his daughter.

I informed him that I would initiate a Real Estate Regulatory Authority case to claim the cost of moving and any additional costs.

He said he could prove he has taken a deposit for the sale of the property, although he admitted the mistake of re-renting the property and registering the Ejari.

The landlord has offered an amount of Dh10,000 as compensation, but I have instead asked for Dh15,000 to resolve the matter without going to the Rera, considering it cost me so much to move.

What is the best course of action? JG, Dubai

A

As you know, it is illegal to evict an in-situ tenant from a property and then re-let it to another person.

In your situation, the judge at the Rent Dispute Settlement Committee is the only person who can decide if you will succeed should you file a case.

As long as you have all the evidence, including the landlord’s offer of compensation, this should help your case. If you can agree on an acceptable compensation amount, this is always the best option and will save a lot of time and hassle.

In any case, the RDSC will push you to try to find an amicable solution before filing a case.

I rent a villa in Dubai and the current 12-month tenancy runs out on June 30.

On February 6, Dubai Courts sent me an eviction notice asking me to vacate the property by next February

6 as the landlord wants to sell or have personal use of the leased property. Is the landlord permitted to act in this way? ML, Dubai

Law 33 of 2008 states that the 12-month eviction notice ought to be served upon expiry of the tenancy agreement, thus giving the tenant one more year from renewal in the property before having to vacate.

However, many judges at the RDSC have allowed the 12 months’ notice to be served at any time, so, technically speaking, the eviction date from your landlord is legal.

I own a property in Dubai and signed a tenancy agreement that starts on March 1.

My tenant has neither paid the deposit nor given me a date for payment. Does this mean the contract is void or does he have any rights since I signed the lease? EK, Dubai

Signing a contract is a fundamental step in any agreement, but paying the rent and the deposit also forms an integral part of this contract, so only signing and not paying cannot finalise the deal.

I assume you have used the services of a broker, so I suggest you use them to speed up the process. If the tenant hasn’t paid by March 1, there is no deal.

It is advisable that the tenant should always sign the tenancy contract first and then the landlord can sign, not the other way around.