# Eviction Notice



## JT_P (Feb 6, 2014)

Hi All, 

Long time resident of the UAE, actually was born and educated here before moving out for an assignment for about 8 years and returned in 2012. 

Going through an issue with my LL and needed guidance through people who have gone through it, preferably those who did it via the Rent Committee. All opinions are welcome but i really want to get my facts straight. 

So moved into a very nice apartment in 2012 that i fell in love with and paid pretty much market value at the time. Im married so my wife and i set up the house over the course of the year and finally we had become accustomed to living there and treating it as a "Home". Contract was renewed and the LL pushed AC costs on me which he was paying before but i agreed seeing as it was a fair request and i really did like the place and wasn't prepared to move (Incremental 6000 AED per year for the damned cooling). He did this because RERA calculations didnt allow him to raise the rent. 

So anyway I have 6 months left on the Contract and I get an email from him with the standard line "Selling apartment, wont renew the contract". Went into a bit of a panic but was reassured from multiple people that the law is on my side, and that RERA requires a 12 month notice. The question I have now is 

*does the 12 month notice apply from the day he sends it to me notarized and through registered mail, OR from the end of the current contract date i.e. 18 months from today ? (Personal experience of people would really help here as I am getting mixed messages from friends I talk to)*

I dont mind paying more for the apartment (Within the limits of the RERA calculator ofcourse) since the market is super inflated but it rattled me that Id have to move in 6 months and he thinks he can get away with it. 

-J


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## arabianhorse (Nov 13, 2013)

Look. At the end of the day, the apartment is worth what it is worth. Ie market forces prevail.
If you cannot afford it, then move. It's as simple as that.
Is your apartment worth the extra that your LL wants to charge, compared to similar offerings?
If yes, put up or move.

If no, then give your LL the finger and move to a cheaper place.


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## w_man (Apr 16, 2010)

arabianhorse said:


> Look. At the end of the day, the apartment is worth what it is worth. Ie market forces prevail.
> If you cannot afford it, then move. It's as simple as that.
> Is your apartment worth the extra that your LL wants to charge, compared to similar offerings?
> If yes, put up or move.
> ...


Yea, he shouldn't bother with his rights as a tenant - can't afford the place? just move you bum!

JL_T - Here's what the official law says:

d. If the owner of the property wishes to sell the leased property.

And for the purpose of clause (2) of this Article, landlord must notify tenant with reasons for eviction at least twelve months prior to the determined date of eviction subject that such notice be sent through the Notary Public or by registered mail.

As you can see, it's not very clear - prior to the determined date of eviction - doesn't exactly answer your question. Perhaps try going down to the RERA office and get them to assist with clarification? Do let us know what you find out.


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## JT_P (Feb 6, 2014)

Ummm... My question wasnt related to affordability at all or a rent hike, dont know what you read through my post - I am ok to pay within the limits the prevailing law permits. There is a law in place and I will abide by it. 

my question was related to reading the law correctly - when the eviction notice of 12 months (Which is part of the Law) is supposed to start from.


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## JT_P (Feb 6, 2014)

w_man said:


> Yea, he shouldn't bother with his rights as a tenant - can't afford the place? just move you bum!
> 
> JL_T - Here's what the official law says:
> 
> ...


Thats Exactly my point - The way its drafted is very ambiguous. Decree 43 (Not Online but posted in Gulf News shortly after Expo was announced) pretty much has the same wording just with different Rent figures for Areas.

I guess a trek down to the RC office is in order unless someone comes up with his/her own personal experience. Heard the RC is pretty cool in making sure the law is applied to the letter. Hopefully will settle this on the phone with the LL though, but need to know my facts and fall back.


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## saraswat (Apr 28, 2012)

In my opinion, its pretty straight forward. The 12 month period begins at the time the notice is served. If you and your landlord agree on another date for the start of the 12 month period then it applies....

p.s:just going off of the literature posted above, no personal experience (yet)


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## w_man (Apr 16, 2010)

saraswat said:


> In my opinion, its pretty straight forward. The 12 month period begins at the time the notice is served. If you and your landlord agree on another date for the start of the 12 month period then it applies....
> 
> p.s:just going off of the literature posted above, no personal experience (yet)


This does make the most sense. 

I guess it also means that you have to get a new/shorter lease signed once the current one expires eg: you still have 6 months left on the current lease, he gives you a 12 month notice, at the end of the current lease, you have to sign a 6 month lease and pay him half the rent.

Wonder if shorter leases create any other issues eg: RERA registration, sponsoring dependents etc.


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## NjxNA (Jan 13, 2013)

I have the following question about the 12-month eviction notice:
I was issued a standard eviction notice (not notarized nor sent by registered mail) on the contract renewal day mentioning Clause 2 (C) of Article 25 of Law No. 33 of 2008.
As the same law states the following: "If the owner of the property wishes to recover the property for use by him personally or by his next of kin of first degree provided that he proves that he does not own a suitable alternative property for that purpose." and as I was asked to sign the eviction notice without them not providing any proof (and they can't as it's a company owning the whole building where I live - around 50 apts, some of them still vacant today) I asked them to send me all the documentation via registered mail, which they didn't.

If in few months, when the contract renewal will be due, I'll refer to the Rent Committee, is there any chance they will consider valid the letter the landlord issued, even if I never signed it?


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