# Evicting a villa after 12 month notice



## Bigo (May 22, 2013)

Hi ,I stay in a villa in jumeirah village circle 4 bedroom townhouse rented for 95000 aed for the past two years. I know it's a very good deal because I rented it out in 2011 when landlords was running after people to move into jumeirah village circle. Now the area started booming again rents started going up in really strange matter my villa is going for 125000 at least. Landlord sent me a notice to increase rent by 17% which I said no to and he accepted the 5% increase. Now the tricky part he gave me a 12 month notice with the renewal to evict the villa next year in 2014 June for the purpose of selling, which I know for a fact he is bluffing and doing this just to get me out and rent it for higher price. We really love the villa and invested a lot of money in the garden and painting the walls so we really don't want to move on top of this my wife is pregnant with twins and by the time we need to evict the babies will be around 6-7months so it's really not continent to move.
The question is , if I found out he rented out the villa shortly after evicting me do I have any legal compensation? , and what happens if I just ignore this evicting notice next year and tell him to go to the committee ?. Specially that the contract terms didn't change only the price increased by 5% and doesn't say non renewable. Because I know when a sale happens I need to agree with the new owner on the terms but iam 100% sure he is bluffing. Please advice.

Hates greedy landlords 
Big O


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## de Mexicaan (Apr 16, 2012)

I called the RERA a few weeks ago with some questions about my rent contract, they confirmed that a 12 month notice can be given at renewal. Not sure what to do if the owner is in fact not selling. Perhaps you can go to RERA with all your documents and ask them how this works. I think going there is better than calling.


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## Gavtek (Aug 23, 2009)

To be honest, it doesn't sound like your landlord is being too unfair in giving you 12 months notice, even if he does just want to rent it out to someone else for market rate. You'd expect him to reduce the rental rate if the property market crashed again and it's not like he's holding you to ransom, he's giving you a whole year to figure out what you want to do.


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## TeamUSA61 (May 29, 2012)

I agree with Gavtek. It is his property and at the end of the day he can do with it whatever he wants. Even if there was some legal recoure that you could take the question that you have to ask yourself.. Is it worth the hassle? If by chance you did "win" the right to stay what would the relationship with the owner be like and what headaches would you be exposed too.


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## TallyHo (Aug 21, 2011)

Landlords could evict you with three months' notice prior to the end of the contract if they were going to move into the property themselves. 

If it was proven that the landlord didn't move into the property following the tenant's moving out, the tenant could file a case against the landlord and receive compensation.

But what your landlord is doing is serving you with a 12-months' eviction notice starting from when your current contract is renewed for one more year, so he's well within his legal rights. There's nothing you can do about it.


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## Felixtoo2 (Jan 16, 2009)

I think the landlord is being very fair with you by giving you a year to plan ahead and not just the three month notice period which he would be entitled to do in February next year. 

What you have to consider is how much it's going to cost you to move to somewhere else which by that time will also be a similar price. I always work on a basic cost to 10,000 dhs for a basic move taking into account a 5% agents fee and the removal expenses plus a little bit of lost deposit 

So if you can negotiate a 15,000 dhs rent increase then you are really only paying what it will cost you to move into somewhere that is 5,000 more expensive than at present.


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## bongoman2 (Apr 18, 2013)

The landlord cannot evict you for unjust cause.

The 12 months notice is if the landlord wants to live in the villa himself (no other reasons) and that was brought in to protect unscrupulous landlords evicitng tenants just to increase rents!

Jeez, every reply here has sounded like it was written by the landlord himself.

Tenant has more rights than landlords here.

And the tenant comes along with the property during any sale process. All leases are to be honored by new owner and cannot evict due to sale.

Sorry to disagree with previous posters, but they are all wrong, sheesh


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## bongoman2 (Apr 18, 2013)

TeamUSA61 said:


> It is his property and at the end of the day he can do with it whatever he wants.


no wonder landlords have started hiking rents with that sort of attitude.


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## bongoman2 (Apr 18, 2013)

Bigo said:


> The question is , if I found out he rented out the villa shortly after evicting me do I have any legal compensation? , and what happens if I just ignore this evicting notice next year and tell him to go to the committee ?. Specially that the contract terms didn't change only the price increased by 5% and doesn't say non renewable. Because I know when a sale happens I need to agree with the new owner on the terms but iam 100% sure he is bluffing. Please advice.
> 
> Hates greedy landlords
> Big O




Yes you can claim compensation if he doesnt move in himself. The 12 months notice is only valid if he moves in himself.

A non-renewable clause means nothing (legal advice i have had) implied renewable by default

New owner must legally observe your lease and conditions i.e. lease periods etc. and must also give you 12 months to vacate.

I have just been a very similar thing with our landlord who has sold the property and luckily i had very open and honest discussions with old & new landlords and also lawyers. Saved a lot of guessing games, by being 100% upfront


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## bongoman2 (Apr 18, 2013)

Felixtoo2 said:


> Bongoman, you Sir are not the smartest drum in the band but hey lets give you a chance with a couple of simple questions.
> 
> If you own a property do you think that 12 months is a reasonable amount of notice to give someone to vacate the premises?
> 
> ...



I shall ignore your obvious insult and reply (again)

Who is say what is reasonable to one is unreasonable to another man
That is why they invented laws
That s why the law is very clear that the landlord must serve notice of 12 months before "Moving in himself"
Not for the goal of kicking out a tenant to Jack up the rent (....)


I also own a property but I am not so foolish to think I can simply kick out tenants without good reason. And "wanting more Cash" is not a valid reason for eviction


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## Felixtoo2 (Jan 16, 2009)

So in other words you can't answer either of those two simple questions but feel free to keep banging on.
You need to concentrate more on the reality of the situation rather than your interpretation of the law because the laws here not only change every couple of months they also change depending on the landlords Nationality.


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## bongoman2 (Apr 18, 2013)

Felixtoo2 said:


> So in other words you can't answer either of those two simple questions but feel free to keep banging on.
> You need to concentrate more on the reality of the situation rather than your interpretation of the law because the laws here not only change every couple of months they also change depending on the landlords Nationality.



Q1. If you own a property do you think that 12 months is a reasonable amount of notice to give someone to vacate the premises?
A1. It is an entirely appropriate amount of time provided the notice is given in good faith and that it follows the intent that the landlord will be habitating the property

Q2. If not how long a notice period would you give a tenant?
A2. 12 months is an appropriate amount of notice, to allow the landlord time to move into his own property and also for the existing tenants to find new accommodation.

I hope this answers your inane questioning


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## TeamUSA61 (May 29, 2012)

bongoman2 said:


> Q1. If you own a property do you think that 12 months is a reasonable amount of notice to give someone to vacate the premises?
> A1. It is an entirely appropriate amount of time provided the notice is given in good faith and that it follows the intent that the landlord will be habitating the property
> 
> Q2. If not how long a notice period would you give a tenant?
> ...


Dear Bongoman2, 
I think that you are missing the point that Felixtoo2 and the rest of us were trying to make. Regardless of what the current law is (we all know that the laws apply to everyone, some more than others).... the question that you should ask yourself.... do I want to stay in a place where I am not welcome and is it worth the hassle and headache that would surely follow even if you legally within your rights. Some battles are just not worth fighting..


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## bongoman2 (Apr 18, 2013)

TeamUSA61 said:


> Dear Bongoman2,
> I think that you are missing the point that Felixtoo2 and the rest of us were trying to make. Regardless of what the current law is (we all know that the laws apply to everyone, some more than others).... the question that you should ask yourself.... do I want to stay in a place where I am not welcome and is it worth the hassle and headache that would surely follow even if you legally within your rights. Some battles are just not worth fighting..



Maybe you and Felixtoo2 should read the OP's question again.
he clearly states, "we really don't want to move on top of this my wife is pregnant with twins and by the time we need to evict the babies will be around 6-7months so it's really not continent to move."

I think a 12 months is a suitable time frame to give, to allow him to find another suitable property.

Or would you guys like him to drop everything and take time off work to inspect properties or maybe his wife could do the running around to quickly find a property.

I'm not sure what your argument is? The law is 12 months and it seems reasonable in this case.

If the owner wants to move in as his principle place of residence then he will just have to wait, as will I once I move back to the Congo and need to ask my tenant to vacate.


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## Felixtoo2 (Jan 16, 2009)

So now you actually agree with my original post? Man, you are having a bad day at the office lol!


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## bongoman2 (Apr 18, 2013)

Felixtoo2 said:


> So now you actually agree with my original post? Man, you are having a bad day at the office lol!


Not at all mate, and I don't think I do agree with your original judgement.
You seem think his LL is being generous.

His LL tried to jack up his rent by 17% then accepted 5%, now even though he knows the guy has baby twins on the way he has just served him notice to evict. All for the purposes of 'Selling the property' in 12 months time. Right.

Why not just try and sell the property with tenant included, or else notify tenant that this is the case and then in 9 months time give him the required 3 month notice.

You must have rocks in your head to not think every landlord in Dubai is watching the demand for rents going up and trying to work out how to maximise their income.


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## Bigo (May 22, 2013)

Wow, thank you for everyone' response. Although I agree with some and don't with others. Now I will explain my point of view to everyone regardless who said what because I can't keep track with all the above.
-I ve been always a good tenant in my whole 13 years in dubai , and iam a type of person that I will reflect 100% how you deal with me. You will be nice I will be nice , you will try to be an ass I can go there. And everything by law and backed up with all documents needed. 
Now in light of the above, and this is something I will blame every single tenant in dubai on it not the landlords that they don't fight for their rights no matter how small it is. And this is what turned the LL to monsters who just want to eat our income regardless on top of this the ambiguity of the laws even pushed this further. Just found out today the owner owns more than 13 units between villas and apartments in our area and he is using the same excuse with every tenant. it's shows how bad he is. 
Now my issue is as one colleague said you don't want to live somewhere where you are not welcomed yes I agree with you it's just too much pressure. But still I have rights to be respected.

For example another screw up he did is that he send me the notice on a real estate agent letter head which by law it's not binding it should be from public notary attested letter at the land department stating the reason of evicting. So what will happen now iam waiting for my contract to return to me signed by him after that will do Ijari stamping (which technically LLs should do it but they avoid) and taking everything to the committee and if they told me he can't evict you for this reason as he can sell the property with the tenant. Then iam sorry iam staying regardless even if welcomed me or not because simply iam staying with money I work hard to earn and not charity. Although if I might leave after an extra 6 month or so ( I already started exploring alternatives just in case) but I will make an example of him for all LLs ( the greedy ones). Because simply with all respect you can't put someone in the street just because you want 20% increase in your income. Having this said I will totally accept what RERA say and even if I move out after 12 month I will be watching out for the villa and if I find out a new tenant came in iam taking him to court. Because asking someone to evict for the reason of selling means that he can't lease it out for 1 year in full no matter what the situation is. I might sound a little angry and pushing two hard but there is nothing in this world makes me angry like someone is playing smart ass on me using a couple of real estate agents. I asked to see him he didn't have the balls to meet me. Then tough luck iam not a snobby stupid tenant who makes a 100K a month and calls his company to find him another villa. I work really hard every month to earn this money and its not fair to just come easily and take everything.

Not to mention of course that the real estate market in dubai now going again through this high spike that is full of greed for no reason. And it seems they didn't learn the lesson a drop is coming in less than 2 years iam 100% sure. 

Thank you all for your input will keep you posted with what will happen with RERA.

Cheers 
And apology from the people in the discussion who might be LLs , but sometimes we need to coexist toghter on this planet to live its not fair someone takes over someone. I myself iam a LL in my home town I own 3. Huge flats and 2 shops , guess what we can't increase rent what so ever except with a court order. Tenants been having same rent since 2005 !


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## de Mexicaan (Apr 16, 2012)

@Bigo:

Good luck with RERA. I think many people here are looking forward to your findings and the next steps.


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## Desertrose70 (Mar 3, 2012)

Stand your ground Bigo and use the tenants rights.
Paying an annual increase to landlords is fair to me, but I have been evicted several times because landlords were requesting enormous annual increases. Other landlords did not even ask for an increase and just requested me to vacate.
Landlords and agents will keep pushing tennants around every two years unless you use your rights. 
The concern of living in property where you are not welcome anymore. Well, probably you have the same issue after one year again when your new landlord is giving you the choice to pay an enormous rent increase or vacate.
My landlord told me recently that he was going to sell his property and therefore I had to vacate. Later on he sent me an eviction notice telling that the property will be occupied by family. Yeah, sure...


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## ibkiss (Feb 1, 2012)

I have just been out of litigation in such matters ... The answer Bigo will receive from Rera (by someone who properly understands the matter ,because even in Rera some people misguide you) will be that the landlord is not at fault .If the landlord has given a 12 month notice ,the tenant has to leave ...............

Another irony is that people usually consider landlords as cruel & greedy but practically speaking ,that's wrong .... Its not unethical to get the correct market rate for something you own unless if a significant 'grace' period is not given to the tenant .


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## Bigo (May 22, 2013)

ibkiss said:


> I have just been out of litigation in such matters ... The answer Bigo will receive from Rera (by someone who properly understands the matter ,because even in Rera some people misguide you) will be that the landlord is not at fault .If the landlord has given a 12 month notice ,the tenant has to leave ...............
> 
> Another irony is that people usually consider landlords as cruel & greedy but practically speaking ,that's wrong .... Its not unethical to get the correct market rate for something you own unless if a significant 'grace' period is not given to the tenant .


Hey I agree with you , but when the market rate is out of the league of 70% of the people that means there is something wrong in the market. I travelled to many countries and never saw rent increase by the multiplies of 10 in short period of time. A healthy return on a property is not more than 2-3% per year and this is in a booming huge economy no one can break even in 5 years except here in dubai everyone wants to do is profit. Of course also this is not going in the same line and speed of salaries , which means there is something wrong.


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## ibkiss (Feb 1, 2012)

Bigo said:


> Hey I agree with you , but when the market rate is out of the league of 70% of the people that means there is something wrong in the market. I travelled to many countries and never saw rent increase by the multiplies of 10 in short period of time. A healthy return on a property is not more than 2-3% per year and this is in a booming huge economy no one can break even in 5 years except here in dubai everyone wants to do is profit. Of course also this is not going in the same line and speed of salaries , which means there is something wrong.


Businesses and economies of countries do not take into account sentiments on affordability .... Its not that I dont understand your problems but look at prime examples like the *MASS DEMOLITION AND EXODUS* of cheap housing in Satwa around 2007 .. And not to forget the mass notices to tenants in subsidized colonies of Karama & Ghusais ,by you know who (the ones we cannot talk about in a public forum) .
So even if u say its wrong ,its officially not wrong because 2-3% is a SPOOKY nightmare to investors   ... personally I wouldn't put in a dime if that was the returns expected !!!!


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## Iamrayiam (Jun 26, 2013)

Mr Bigo

I am in the same boat as you. In fact the story isn't any different! Eviction notice after 2 years, baby on the way the same time as eviction, LL owns 80 property's here. Wants to sell / move back /and excuse to get me out. I tried to PM you but have no idea how it works. Was hoping to see if there has been any developments from your situation where you could share your experience.


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## Bigo (May 22, 2013)

Iamrayiam said:


> Mr Bigo
> 
> I am in the same boat as you. In fact the story isn't any different! Eviction notice after 2 years, baby on the way the same time as eviction, LL owns 80 property's here. Wants to sell / move back /and excuse to get me out. I tried to PM you but have no idea how it works. Was hoping to see if there has been any developments from your situation where you could share your experience.


Unfortunately no progress checked with RERA and Ty told me you have to leave unless you,agree otherwise at renewal... It's so messed up but nothing to do will enjoy the rest of the period and get ready for the bay arrival next year you never know what happens


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## Iamrayiam (Jun 26, 2013)

Such a shame, thanks for the reply


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## Dozza (Feb 17, 2009)

The law is detailed within the attached (Law 33 - Rental Laws & Regulations)

If the landlord wants to evict you to occupy the property for himself/herself or immediate family, they first have to prove they have no other similar properties to live in. If they can prove this, they then have to give you 12 months notice, the notice is to be issued through the notary public. If they do evict you following this process, they then cannot rent out the property for a period of 2 years after this process - If they do, you can seek compensation

*The above is detailed within the attached under section 2*

The law is the law, so stick to it & you will have no issues. Should you need to file a case (Due to the LL not following the law), you need to visit the Dubai Municipality offices that are a few buildings down the road from the RERA offices in Deira.

Hope the above helps


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## Lolli Lindley (Jun 14, 2013)

Bigo said:


> Hates greedy landlords
> Big O


Methinks you're a greedy one just the same


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## w_man (Apr 16, 2010)

Dozza said:


> The law is detailed within the attached (Law 33 - Rental Laws & Regulations)
> 
> If the landlord wants to evict you to occupy the property for himself/herself or immediate family, they first have to prove they have no other similar properties to live in. If they can prove this, they then have to give you 12 months notice, the notice is to be issued through the notary public. If they do evict you following this process, they then cannot rent out the property for a period of 2 years after this process - If they do, you can seek compensation
> 
> ...


So reading that - it says upon renewal, the tenant and landlord can change any of the terms including rent price. So if the landlord decides to increase rent and you feel it shouldn't be increased, what's the process for letting the 'committee decide fair rent'? 

I don't see in this article that the landlord has to provide a 12 month notice to increase rent (which I thought I have read several times on this forum). It simply says that new terms including rent can be changed at renewal and if the landlord and tenant doesn't come to an agreement, the committee can decide rent.

Anyone gone through this process recently? Does the committee use the RERA Rent Calculator for this or do they just go with their gut feeling? 

PS: Thanks for the attachment btw - good piece of document to have for reference.


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## Dozza (Feb 17, 2009)

Rent increases are to be followed using the RERA calculator, if its showing you are not eligable for an increase you simply follow the same route & make a case with the Municipality




w_man said:


> So reading that - it says upon renewal, the tenant and landlord can change any of the terms including rent price. So if the landlord decides to increase rent and you feel it shouldn't be increased, what's the process for letting the 'committee decide fair rent'?
> 
> I don't see in this article that the landlord has to provide a 12 month notice to increase rent (which I thought I have read several times on this forum). It simply says that new terms including rent can be changed at renewal and if the landlord and tenant doesn't come to an agreement, the committee can decide rent.
> 
> ...


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## w_man (Apr 16, 2010)

Dozza said:


> Rent increases are to be followed using the RERA calculator, if its showing you are not eligable for an increase you simply follow the same route & make a case with the Municipality


Thanks but last I checked the RERA calculator is no longer functional. It says "the rental index under updating" and to contact the rera office.

That's why I was wondering what they'll use until the rental index is updating ... simply looking at the advertised units in the area or some other method?!?


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## QOFE (Apr 28, 2013)

w_man said:


> Thanks but last I checked the RERA calculator is no longer functional. It says "the rental index under updating" and to contact the rera office.
> 
> That's why I was wondering what they'll use until the rental index is updating ... simply looking at the advertised units in the area or some other method?!?


What month does your tenancy agreement expire? If it's too far in the future the calculator won't be updated. Try inputting July, August or September.


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## w_man (Apr 16, 2010)

QOFE said:


> What month does your tenancy agreement expire? If it's too far in the future the calculator won't be updated. Try inputting July, August or September.


Cheers! That's what it was.


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