# Kicked out of villa...



## Easy Rider (Oct 23, 2008)

Dear all,

I've been renting a 2BR villa in the Springs since January 08 and yesterday I received a letter from the Landlord asking me to leave the place by January 31st because he want to move in.
I'm almost sure he does not actually want to move in (why now after he's lived 20 years in Dubai) but just wishes to increase the rent as I'm "only" paying 135,000 AED. I want to take him to the rent committee as some of my friends did in the past. They were pretty much in the same situation I'm facing today and they all won their case.
I would really appreciate your sharing your thoughts on this and any advice is more than welcome. I'm actually pretty upset as being kicked out could mean that I'd have to leave Dubai. We -me and my partner- can't afford a 200k+ villa/appartment and even if we could, wouldn't want to.

Thanks


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## crazymazy1980 (Aug 2, 2008)

Easy Rider said:


> Dear all,
> 
> I've been renting a 2BR villa in the Springs since January 08 and yesterday I received a letter from the Landlord asking me to leave the place by January 31st because he want to move in.
> I'm almost sure he does not actually want to move in (why now after he's lived 20 years in Dubai) but just wishes to increase the rent as I'm "only" paying 135,000 AED. I want to take him to the rent committee as some of my friends did in the past. They were pretty much in the same situation I'm facing today and they all won their case.
> ...


Take him to the rent committee!!! {money grabbing grumble grumble}  

I know this is word of mouth and FOF said this but a mate of mine told me that if you're in residence they can't kick you out unless you want to go or your contract stipulates that you only have the lease for X number of years. 

I don't know if this is true or not but either way, fight it!! The only sure fire way he will win is if you roll over and let him!

Good Luck and keep us up-to-date on what you did and how it went, other people may be in the same situation in the future and your experience could be invaluable.

HTH


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## Easy Rider (Oct 23, 2008)

Thanks, yes, it's my intention to take him to the RC. One thing though: you say: "unless (...) your contract stipulates that you only have the lease for X number of years". That's our case, but then again, I believe this is how most contracts are written, aren't they? I don't know


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## crazymazy1980 (Aug 2, 2008)

Easy Rider said:


> Thanks, yes, it's my intention to take him to the RC. One thing though: you say: "unless (...) your contract stipulates that you only have the lease for X number of years". That's our case, but then again, I believe this is how most contracts are written, aren't they? I don't know


I 'think' it's whether it states it is renewable or not. It's the same in the UK though on short-hold tenancy agreements. It's a landlords right to decide not to renew the lease as long as he gives you prior written notice - just as it's your right to decide to end it when you no longer need it. 

It may look bleak but threatening him with the rent committee 'may' make him change his mind, plus whilst you're appealing he can't kick you out either.


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## ACoz2000 (Sep 15, 2008)

If he wants to move in or not is irrelavant, you have a contract and it is agreed by both parties and witnessed normally, your entitlement is that you fullfil it (unless both parties null and void it in a separate legal binding document). He can however chose to let the contract expire and not renew it... if you have reached the end then he is entitled to do what he likes, he could remove you and knock it down if he liked!! 

I would see the details of your contract and demonstrate to him in writing that you are entitled to either stay or specify some other clause such as a notice period stipulation and warn him of your intentions to take it to the relevant authorities should he continue harrassing you to leave.

Fight a good fight! But be sure of your rights before for you fall on your face! Sadly the Landlod has rights too..


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## flossie (Jun 9, 2008)

ACoz2000 said:


> If he wants to move in or not is irrelavant, you have a contract and it is agreed by both parties and witnessed normally, your entitlement is that you fullfil it (unless both parties null and void it in a separate legal binding document). He can however chose to let the contract expire and not renew it... if you have reached the end then he is entitled to do what he likes, he could remove you and knock it down if he liked!!
> 
> I would see the details of your contract and demonstrate to him in writing that you are entitled to either stay or specify some other clause such as a notice period stipulation and warn him of your intentions to take it to the relevant authorities should he continue harrassing you to leave.
> 
> Fight a good fight! But be sure of your rights before for you fall on your face! Sadly the Landlod has rights too..


Just mention the words 'Rent Committee' and see what his response is? Don't want to play Devil's Advocate, but you said you and your 'partner'. Are you married? If not, does the Landlord know? That could be a thorn in your side. Otherwise, take him to the RC, and tell him to shove it. He has to prove he wants to move in.


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## Easy Rider (Oct 23, 2008)

"Don't want to play Devil's Advocate, but you said you and your 'partner'. Are you married? " 
No, and I know it could play against me, but that's how it is...

Thanks for the tips, I will keep you updated.


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## crazymazy1980 (Aug 2, 2008)

Easy Rider said:


> "Don't want to play Devil's Advocate, but you said you and your 'partner'. Are you married? "
> No, and I know it could play against me, but that's how it is...
> 
> Thanks for the tips, I will keep you updated.


Make sure you both wear wedding rings and give him no cause to think otherwise. Tell him how distressed this is making your 'wife' and that you will have no choice but to go to the rent committee. It could work...


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## ACoz2000 (Sep 15, 2008)

Last resort is to ask him over for dinner, then gag him and kick the **** out of him until he agrees for you to stay, that usually works well... Ruff him up a bit!!! (Joking)


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## Mourm (Oct 22, 2008)

As stated above the rules apply as follows:- Pro Law Number 26, of 2007 - The Landlord may demand eviction of tenant upon expiry of tenancy contract in the following cases:-

1) Demolition is required by the Emirate for development in accordance with government authorities.

2) If property requires renovation or maintenance that cannot be carried out whilst occupied (has to be attested through Dubai Manicipality).

3) Landlord wishes to demolish and reconstruct - License needed plus NOC from the developer

4) If the landlord wishes to recover the premises for himself or kin of the first degree. The landlord (if this was accepted through RERA) will not be able to lease the unit for 1 year if this does happen the previous tenant shall receive proper compensation from the Land lord this will be determined by the committee.

{ However in all above mentioned cases, the landlord must notify the tenant with reasons of eviction at least 90 days prior to expiry date of tenancy contract }. 

If the landlord wants to carry on with the eviction, the notice should be taken to RERA based in the Land Department in Deira. The notice will be attested and the case brought before a committee. If you would like send an email to [email protected] explaining your case and she will give you some good advice.

I hope this helps!!!


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## Easy Rider (Oct 23, 2008)

Mourm said:


> As stated above the rules apply as follows:- Pro Law Number 26, of 2007 - The Landlord may demand eviction of tenant upon expiry of tenancy contract in the following cases:-
> 
> (...)
> 
> ...


Thanks a lot Mourm, that helps a lot.
Are RERA/Land Department and the Rent Committee the same thing? Or is the Rent Committe a division of RERA?

I'm affraid that the landlord's case fits in case 4), so he might have a point.


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## Mourm (Oct 22, 2008)

RERA - is the Real Estate Regulatory Agency this is the Governmental body that deals with disputes. From there it is taken to the Rents Committee or Sales disputes office. The land department is a government building that deals with all deeds and contracts relating to property and land. 

RERA will attest a case and it shall be brought forward to the committee. It always helps to reply to the eviction notice stating that you have received the letter but wish to contest the decision through RERA. Now he still has to prove that he does indeed want to move in. RERA have had cases where the owner was living in Emirates Hills but stated he wanted to move in to a 3 bed Lakes villa. The notice was thrown out and the tenant stayed for another year. 

Please don't take this as you are going to win, if he does indeed want to move in and can attest the same you don't have a leg to stand on. I would always say fight as you could get what you want.


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## Easy Rider (Oct 23, 2008)

Thanks Mourm, that's very helpful. I'm veeeeery far from taking this as if I'm going to win, actually I'm quite p... off and anxious about what's going to happen. I've just browsed dubizzle and checked out the rent for a 2 BR (villa or apt) in new Dubai. All I can say is: OH MY GOD!


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## Mourm (Oct 22, 2008)

Why not look at somewhere like International City or Al Barsha the prices are a lot less than somewhere like the marina (unless looking at Marina Diamonds). These are affordable options but it's all down to preference.


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## Easy Rider (Oct 23, 2008)

Mourm said:


> Why not look at somewhere like International City or Al Barsha the prices are a lot less than somewhere like the marina (unless looking at Marina Diamonds). These are affordable options but it's all down to preference.


Because I have minimum living conditions standards...International City is a no go and I find Al Barsha particularly ugly. I don't want to wake up and see the Mall of the Emirates when I open the curtains!

I wouldn't mind the Gardens but nothing available there.

Unfortunately, if I can't stay in the villa and don't find a reasonnable alternative, that will be the end of Dubai for us. But we're not there just yet!


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## Mourm (Oct 22, 2008)

Ok i have had a bit of a ring around and have found out a few props that are on the market at the minute for the lower budget in discovery gardens and the gardens. Call Julie on (let me PM it to you) she is very knowledgeable in rentals. She will find you a nice place for 150 - 160.


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## greatexpectations (Aug 5, 2008)

i agree with the other advice....assuming you contract does not say non-renewable (in which case you should sadly roll)

the trick is to let the landlord know that you will of course be referring the matter to the rent committee, and that you will have occupancy of the house checked at regular intervals after you leave....

but without appearing too menacing. you need to allow him the opportunity to back down without losing face....

perhaps you could say that it is your intention to leave in 1 years time... could buy you another year of 1/2 price villa rental if he can see a way to avoid the rent committee and get his extra $$$ in the medium term.

good luck!


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