Dispute over rent contract
■ A year ago, I had rented a villa from a real estate office. The lease expired a month ago. It is mentioned in the lease contract that I need to vacate the property immediately after expiry of lease contract or pay compensation of Dh50,000 in the event of failure to vacate. Currently, the real estate office has refused to renew the lease until the compensation is paid. My question is, according to Dubai rental law, am I entitled to have the lease renewed and not be evicted without paying the compensation?
You have the right to renew the contract at Dubai Rental Dispute Center (RDC) without paying the Dh50,000 fine, through an Offer and Deposit case, along with depositing the original cheques for the new tenancy period. The lessor cannot evict you or claim this Dh50,000 without a court ruling. He or she should file a case, requesting the court for an eviction order plus the Dh50,000 compensation and the court shall estimate whether the eviction claim has a legal basis and whether the condition of Dh50,000 compensation payment is an abusive condition or not. This service of Offer and Deposit enables customers to file a motion, requesting the Provisional and Summary Actions Judge to issue an order without prejudice to the rights or to file a motion for depositing a new lease, cheques and keys to the property. Terms stipulated by RDC are:
1. Lessee’s notice to Lessor of deposit (through Notary Public, Registered Post with receipt of acknowledgment or through email).
2. Proof of the lessor refusing to receive rent such as (eviction notice given to lessee, correspondence stating lessor declining rent, proof of ongoing legal dispute, lessee’s notice to lessor of rent offer for period expired, including lessor’s acknowledgement of notice.
3. Lessee’s original cheques to be deposited with RDC after Lessor has been served with notification thereof.
4. In case the depositor fails to submit the Lessor’s receipt of notice within ten business days, the motion shall be filed but closed.
5. The rent deposit shall be accepted from the Lessee, his/her attorney or one of his/her relatives — even of the fourth-degree.
■ Ask the Law questions are answered by lawyer Mohammad Ebrahim Al Shaiba of Al Shaiba Advocates and Legal Consultants