# Rental Dispute



## SomewhatIrked (Oct 1, 2015)

I was contacted by the landlord earlier this week informing me that he wanted to sell the apartment and would I mind having people over to view. I said to him that I was fine with that but we'd have to do things by the book in terms of notice being sent for 12 months in the correct manner etc etc (As I still have about 9 months on my contract). He then informs me that the contract I've signed has a 30 day notice clause. I said I was unaware of this clause and that I thought it would be illegal based on the RERA rules. I've checked. And they are. Seems that he was misinformed/lied to by the letting agent. Shocker.

Now the landlord has realised that he can't kick me out (at least not in 30 days). And is now claiming he will be launching a civil suit against me to recover his losses - apparently he needs the capital from the apartment sale. Should I be worried about this? I, personally, can't see how it does but my knowledge of law in general is basic at best.

Has anyone been in, or heard of, any similar situations?


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## Froglet (May 7, 2014)

I don't really see how you are at fault here. He should rather start a case against the agent rather than you. In case he does though, you'll win. No worries.


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## SgtRoswell (Apr 7, 2014)

To avoid any unnecessary legal battle, visit RDC and explain them about the scenario. They'll call the landlord and have him calm down...


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## SomewhatIrked (Oct 1, 2015)

Thanks Froglet - that was my thinking. Hoping the LL will realise soon as I can't be bothered with the hassle to be fair!


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## SomewhatIrked (Oct 1, 2015)

SgtRoswell said:


> To avoid any unnecessary legal battle, visit RDC and explain them about the scenario. They'll call the landlord and have him calm down...


Good idea. May well do that. Thanks.


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## iggles (Jan 4, 2015)

I'd be more concerned about paying for rent upfront. Any mention of getting that back? Plus commission fees.


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## SomewhatIrked (Oct 1, 2015)

Well, I paid in 4 cheques - the next one is due in November (that's cheque #2 - that's how far in to this agreement I am). He knows I can't be evicted - it's only the civil suit I was mildly concerned about.


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## QOFE (Apr 28, 2013)

It seems that the eviction notice can only be served at the end of the 
month tenancy.



Dubai residents and property expert left bemused by eviction notice law | The National

Can new Dubai property owner bump up tenant’s rent or evict? | The National

Dubai eviction notice posted on tenant’s door – is it valid? | The National

Renting in Dubai: what you need to know | GulfNews.com


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## rsinner (Feb 3, 2009)

He can still sell the apartment. Not sure how it is a "loss" to him. The new landlord takes over your tenancy.
you are definitely not in the wrong, and he needs to give you 12 month notice. any 30 day notice clause is illegal.


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## SomewhatIrked (Oct 1, 2015)

QOFE - Thanks for the links. Interesting reading.

Rsinner - My understanding when he first called is he would sell it to another investor who would want lovely, charming tenants (or would settle for us!). It seems he needs the capital from selling the apartment for some other reason (investment, paying back the bank - not sure) and that's what he wants to take me to court over. He now knows the clause is illegal and presumably is pretty irked at the letting agent who (I'm guessing) misled him.

Although he could just sell to an investor and leave it at that. Unless he can't find one.


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## Stevesolar (Dec 21, 2012)

Hi,
The reason he needs the money from the sale is his business and problem - not yours!
You have a valid rental contract and he can go and whistle!
If he gets remotely awkward - tell him that you won't show prospective buyers around until the last week of your tenancy agreement.
Cheers
Steve


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## SomewhatIrked (Oct 1, 2015)

Stevesolar said:


> Hi,
> The reason he needs the money from the sale is his business and problem - not yours!
> You have a valid rental contract and he can go and whistle!
> If he gets remotely awkward - tell him that you won't show prospective buyers around until the last week of your tenancy agreement.
> ...



Yeah - I'm pretty sure he's just trying to intimidate me into capitulating as he mentioned the word "court". Not likely buddy.


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## imac (Oct 14, 2012)

sit pretty... going to court isn't cheap, he will have to put up costs way before you end up in front of a judge, and if the guy is so pressed for capital, once he realizes the costs involved of doing so, will likely pipe down all on his own...

he is crock out of luck, you have no reason to be worried about anything... court and all...


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## iggles (Jan 4, 2015)

Just remind him you are British!


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## SomewhatIrked (Oct 1, 2015)

iggles said:


> Just remind him you are British!


"My dear sir, do not make me get all colonial - you would not like me when I get all colonial"

Might just work.


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## GloballyRelaxed (Nov 5, 2014)

SomewhatIrked said:


> "My dear sir, do not make me get all colonial - you would not like me when I get all colonial"
> 
> Might just work.


Along this guys ways of doing things?


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## SomewhatIrked (Oct 1, 2015)

GloballyRelaxed said:


> Along this guys ways of doing things?


Oh man. That hat is awesome.


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## BedouGirl (Sep 15, 2011)

Ask him how much it will cost him to take you to court (a fair amount I reckon) and offer to settle, in your favor of course. If he wants you out, it could be to your financial advantage, if it suits you to do that.


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## SomewhatIrked (Oct 1, 2015)

BedouGirl said:


> Ask him how much it will cost him to take you to court (a fair amount I reckon) and offer to settle, in your favor of course. If he wants you out, it could be to your financial advantage, if it suits you to do that.


There was some discussion of us doing that, but it would have to be well worth our while. I'm guessing the LL decided it was cheaper to try to scare us out.


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## SirReg (Sep 8, 2014)

Get any agreement in writing, especially if it involves tearing up a post-dated cheque.


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## SomewhatIrked (Oct 1, 2015)

SirReg said:


> Get any agreement in writing, especially if it involves tearing up a post-dated cheque.


Good thinkin'


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## Visp (Mar 23, 2013)

QOFE said:


> It seems that the eviction notice can only be served at the end of the month tenancy.
> 
> Dubai residents and property expert left bemused by eviction notice law | The National
> 
> ...


Mario Volpi is a real estate agent, not a lawyer. As you may have noticed, real estate agents aren't always the best people to get advice from. When you "evict for sale" what you're really doing is not evicting but refusing to renew the lease. So if you issue the 12-month notice when there's 15 months left on the lease, you get your apartment back in 15 months (provided certain other criteria are met). If you issue the 12-month notice when there's 5 months left on the lease, then have to renew for another 7 months, and you get your apartment back 12 months after you properly sent the notice.

Regarding the OP's issue, the Landlord can totally sell the property any time he wants. The Buyer just buys a property with a tenant.


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## Many ya (Oct 27, 2015)

Hi!

I have filed a case against my landlord for wrongful eviction as he rerented the house whereas reason for eviction was sale. 
Was speaking to a friend and he brought in the point of lease cum sale which the landlord may use to counter my case. Ejari mentions its on lease...but as per my friend he could have given it on lease cum sale (which according to him means sold)...i am not fully convinced by this logic but wanted to know if anyone is aware of any such thing.
Looking forward for a reply.

Thanks and regards


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## Grantoes (Oct 30, 2015)

As per RERA guidelines the landlord must give you 12 months notice to vacate the property. The only 3 reasons he can have for asking the tenant to vacate are; He wants to sell, he wants to move in himself or significant structural repairs are needing done immediately. He can't re-rent to achieve a higher rental value.

A clause like this cannot be added to a contract and isn't legally binding. 

An investor could buy the apartment and the tenant would remain but most investors will want to buy the apartment at a very low price, probably a price the landlord isn't interested in. With the market the way it is most investors are looking for a 'distressed sale' so if he is so desperate to sell immediately then he will have to take the hit and sell at a low price with you in the apartment.

The best thing to do is go to the RDC and they will sort this for you and it will end in your favor. He will have used the Civil suit as a scare tactic to hope you would vacate to suit his plans to sell.

I am a broker myself, if you have any further questions i'd be happy to help!


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## Many ya (Oct 27, 2015)

Grantoes said:


> As per RERA guidelines the landlord must give you 12 months notice to vacate the property. The only 3 reasons he can have for asking the tenant to vacate are; He wants to sell, he wants to move in himself or significant structural repairs are needing done immediately. He can't re-rent to achieve a higher rental value.
> 
> A clause like this cannot be added to a contract and isn't legally binding.
> 
> ...


Thanks for your reply

Would appreciate if you can advise on my case.

My ladlord evicted me on the pretext of selling the apartment....after a few weeks of eviction he rerented the house

I filed a case in Rera ...on the first hearing the LL upon being asked by the judge if he knew the case...he replied "no" and was given another date for hearing.

After that he filed a counter case against me for damages to his house....which are false claims as i handed over the house in good condition,maintained and painted as per our contract and as he told me to do. 

Another thing he claims in his case is that i need to give him building service charges as per my contract ( i signed the second year contract At same price as previous year with no changes ....as he had not given me 90 days notice...though he wanted to increase rent by 15 percent but couldnt coz of that)

But he cleverly added a point of buiding service charges to be paid by me which was not in my previous year contract...n my fault that i missed reading it on signing.
Now both my case and his counter case have been clubbed together.

As for the damages he now claims after 2 months of eviction with already a new tenant in his house...can he make me liable to pay??....i have his final email that he would deduct certain amount from my security deposit which i didnt agree to as i had given the house clean ,maintained and painted.

Now he has produced pictures of renovation in his house like changing kitchen cabinets etc...with cost of expenditure. The next date is for judgement.

What would be my chances of winning the compensation for unfair eviction and will i need to pay him building service charges and damages which he claim now after i filed the case and after he has a new tenant in the house ...throughout the year of my stay he never asked for the building maintenance not even after i vacated...only when i filed a case he realised.

Looking forward for a reply
Thanks and regards


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## mariot (Nov 4, 2013)

Many ya said:


> Thanks for your reply
> 
> Would appreciate if you can advise on my case.
> 
> ...


None of the amendments in the renewed contract hold any water as any changes need to be communicated 90 days before renewal date. 
Do you have proof of him returning your security deposit after vacating?if so take it to hearing


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## Many ya (Oct 27, 2015)

mariot said:


> None of the amendments in the renewed contract hold any water as any changes need to be communicated 90 days before renewal date.
> Do you have proof of him returning your security deposit after vacating?if so take it to hearing


Thanks for your prompt reply. Really helpful.

Yes he did not give me a 90 day notice but Unfortunately my signatures are there on the addendum where this clause is mentioned.

His final email after i vacated asked for deducting half the security deposit towards his claims on wear and tear. He never refunded any amount to me as i did not agree to his claims and i asked for full refund.


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