# Can my new landlord evict me ?



## Crozo (Jul 2, 2013)

Hi All,

Long time lurker first time poster here. Firstly i would like to thank you for taking the time to read my post, and i apologize if this has already been discussed or beaten to death in another post already. (i actually did some searching, and read a few threads before deciding to create a new post as i couldn't find concrete answers).

*Background*
- I just moved to Dubai in Jan 2013, and signed a 1 year lease for the place which i am currently staying at (i.e The lease expires in Jan 2014)
- The place which i am staying at, has just been sold, and the new owner has informed me that he wishes to move into the place as he has no where else to stay. 
- The new owner intends to give me 90 days notice, starting almost immediately to vacate the premises.
- The new owner and his agent, are under the impression that they are not liable to compensate me for terminating the lease before it expires and that they are within their rights to vacate me as they are giving 90 days notice

*Answers needed from community *
- Does the new owner have the right to evict me ?
- If yes, then how much notice should i be given ? Please bear in mind that my lease expires only in Jan 2014
- If i do not wish to vacate the premises, how long more can i stay ? 
- If i am voluntary/involuntarily evicted before my lease expires, what monetary compensation am i entitled to ?

If possible, could members of the community please back up your answers with facts(i.e links to RERA, links to law articles, rather than " i heard from this friend' or 'i had a friend that...' ). And also, a recommendation of a good lawyer will also be highly appreciated.

Thanks in advance for all the answers.

Regards,
Jason


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## ibkiss (Feb 1, 2012)

Are you also based in JLT ?


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## Crozo (Jul 2, 2013)

Hi ibkiss,

Nopes i am not in JLT, but in DIFC


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## TallyHo (Aug 21, 2011)

Absolutely not.

It doesn't matter if the apartment has been sold. Whoever bought it knew there was a sitting tenant and is legally required to abide by the current lease agreement. 

http://www.dubailand.gov.ae/english/Tashjee/RulesandRegulations/Law 26.pdf

Look at articles 7 and 25. 90 days notice prior to the end of your contract period. Not midway during the contract period. 

The laws were later amended to:

http://www.dubailand.gov.ae/english/Tashjee/RulesandRegulations/Law 33.pdf

This amendment states that clause 25 was amended to show that the landlord must give the tenant 12 full months advance notice prior to eviction if he wants to use the property for personal use. Because of this it actually means that the landlord has to give you 12 full months from the expiration date of your contract, in other words In other words you're legally able to stay in your apartment through January 2015.

My guess is that the new owner will want to play hardball based on the language used (All this talk about not having to refund you any remaining rent is crap). So you will probably have to go down to RERA to officially solicit their advice and they will notify the current/new owners what the laws are and what your rights are.

I do strongly advise a visit to RERA in person to get official feedback from them before proceeding with the owner/agent. Their threat will be more valuable than emailing them any links. 





Crozo said:


> Hi All,
> 
> Long time lurker first time poster here. Firstly i would like to thank you for taking the time to read my post, and i apologize if this has already been discussed or beaten to death in another post already. (i actually did some searching, and read a few threads before deciding to create a new post as i couldn't find concrete answers).
> 
> ...


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## TallyHo (Aug 21, 2011)

By the way, although you will have the right to stay in your apartment if you want to enter negotiations with the new owner about vacating the property earlier, I'd expect the following:

1. All remaining rents refunded - to the full.

2. All moving expenses, including:


Moving costs 

Cost of renting the new apartment, including agents fees

Differential in rent for the new apartment. The latter is the big issue as rents have gone up quite a bit since January so you'd have to pay more to rent a comparable apartment. Say you currently pay 100K, if the same apartment is now renting for 120K, expect the owner to compensate you for the 20K differential.

Any agreements including the expenses listed above should be in writing.


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## Crozo (Jul 2, 2013)

Hi Tallyho,

Thanks for the advice and the link to the relevant articles. My intention is to also seek advice from the DIFC courts before i go back to refute the eviction notice from the new landlord

Sorry i should have made myself clear , but the new landlord has stated that he/she will refund the remainder of rent already paid, however they claim that they will not be liable for any expenses that i would incur (i.e moving cost, agent fees for new place, fees for Etisalat cable/internet) if they asked me to move out before my existing tenancy contract ends.


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## TallyHo (Aug 21, 2011)

Speak to the DIFC courts but keep in mind that rents and rental agreements are regulated by the rent committee and RERA. My guess is that the DIFC courts will refer you to the rental committee/RERA.

If the owner wants to move in soon, you have the upper hand. Make him/her pay. It's their problem that they bought an apartment with a sitting tenant, not yours.






Crozo said:


> Hi Tallyho,
> 
> Thanks for the advice and the link to the relevant articles. My intention is to also seek advice from the DIFC courts before i go back to refute the eviction notice from the new landlord
> 
> Sorry i should have made myself clear , but the new landlord has stated that he/she will refund the remainder of rent already paid, however they claim that they will not be liable for any expenses that i would incur (i.e moving cost, agent fees for new place, fees for Etisalat cable/internet) if they asked me to move out before my existing tenancy contract ends.


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## Crozo (Jul 2, 2013)

Hi Tallyho,

I would definitely like the new owner to compensate me for if i am forced to move out before my contract expires. Now the problem is getting my expenses compensated in writing and enforcing it. I feel that i should have a legal team draft a MOU and having both the new owner and i sign it. However in Dubai, i feel that even going to such extremes may be futile as not many people have the basic decency to even give a sh*t...


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## Bigo (May 22, 2013)

There is no need to worry you have 1 year from the day the new owner requests you to leave he should give you a notice of 12 month if he wish to evict you. i ve been there, but go register your rent agreement with IJari so you can talk to RERA. they will not accept anything if you are not registered. regardless of the new owner excuses 12 month notice should be given then you have to leave.


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## Crozo (Jul 2, 2013)

Hi Bigo,

Thanks for your kind advice. There seems to be overwhelming evidence to state that i cannot be evicted from my apartment before my tenancy contract expires , however my new landlord seems to be insistent that he only need give 90 days notice and does not need to compensate me (i.e agency fees, moving costs etc). This matter seems destined for lawyers. Will update as i go along.


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## TallyHo (Aug 21, 2011)

Tis is going to be no fun.

It may well be that the landlady bought the apartment genuinely believing that she could move in with 90 days notice. Agents probably told her that was the case. I would be pissed if I found out I'd been lied to after buying an expensive flat. 

But she should have done her research. 

I don't think you'll need lawyers. It's a matter for RERA and the rent committee. They'll resolve it quickly enough and send her packing. 



Crozo said:


> Hi Bigo,
> 
> Thanks for your kind advice. There seems to be overwhelming evidence to state that i cannot be evicted from my apartment before my tenancy contract expires , however my new landlord seems to be insistent that he only need give 90 days notice and does not need to compensate me (i.e agency fees, moving costs etc). This matter seems destined for lawyers. Will update as i go along.


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## dizzyizzy (Mar 30, 2008)

I agree you don't need lawyers, this is the kind of dispute that RERA will sort out for you and they are pretty good at it from what I've heard.


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## Crozo (Jul 2, 2013)

Hi Guys,

I have gone to the DIFC registra's office to pick up a copy of my tenacy certificate and spoke to an officer there. It seems that the new owner has no grounds to evict me while a i have a registered tenancy contract in place.
New owner is says he is still pending advice from his lawyers. Looks like he may have been misled by his agent. 
Will update as everything goes along.


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## SilverClover (May 30, 2011)

Best of luck with it! 

I don't have experience with your exact situation but I do have a landlady trying to boot me out for me refusing an undue rent increase. I went to the Rent Committee this morning and they were a pleasure to deal with, they're also very good at giving advice over the phone - or at least they soothed me when I was flustered and panicked! 

Hopefully things will be sorted out quickly and easily for you. Good luck!


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## Canuck_Sens (Nov 16, 2010)

TallyHo said:


> Speak to the DIFC courts but keep in mind that rents and rental agreements are regulated by the rent committee and RERA. My guess is that the DIFC courts will refer you to the rental committee/RERA.
> 
> If the owner wants to move in soon, you have the upper hand. Make him/her pay. It's their problem that they bought an apartment with a sitting tenant, not yours.


I honestly did not know that RERA had jurisdiction over DIFC being a freezone for rental matters.


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## vastmassive (May 16, 2010)

If you head down that route it will be expensive, remember the power of the "fear factor" over here is very strong, don't be pulled in. As you have nothing but time on your hands, In a nutshell you have the right to complete your contract and extend it for a further year before he can effectively tell you to leave. don't be pressurized. "Sort It" is a company set up to deal with situations like this that occur in Dubai without involving the courts or lawyers (the power of negotiation) PM me or mail sortituae at Hotmail com for in-depth details of this.


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## TallyHo (Aug 21, 2011)

There's DIFC as a free zone and there's DIFC as a residential area.

I have not heard anything that implies residential properties in freehold areas are not subject to RERA/rent committee. That certainly isn't the case with Arabian Ranches, Meadows, Silicon Oasis and so on. 

Is DIFC different? I'm not overly familiar with the area but are there actually apartments within DIFC or just in the DIFC vicinity? 



Canuck_Sens said:


> I honestly did not know that RERA had jurisdiction over DIFC being a freezone for rental matters.


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## vastmassive (May 16, 2010)

TallyHo said:


> There's DIFC as a free zone and there's DIFC as a residential area.
> 
> I have not heard anything that implies residential properties in freehold areas are not subject to RERA/rent committee. That certainly isn't the case with Arabian Ranches, Meadows, Silicon Oasis and so on.
> 
> Is DIFC different? I'm not overly familiar with the area but are there actually apartments within DIFC or just in the DIFC vicinity?


In order for tenants to be protected by the RERA the contracts must be attested by injaz basically confirming that the landlord has issued a fair contract....... this is more important to tenants in the aforementioned freehold areas


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## Yoga girl (Oct 19, 2008)

Canuck_Sens said:


> I honestly did not know that RERA had jurisdiction over DIFC being a freezone for rental matters.


Exactly. DIFC is NOT regulated under the laws of Dubai, it acts as a separate entity and therefore RERA is not going to intervene. I honestly do not think you have much option (unless DIFC authorities tell you otherwise) than negotiate the best deal with your new landlord.
Keep us posted.


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## Jumeirah Jim (Jan 24, 2011)

The new law that abolished the rent committee and replaced it with the centre for resolution of rent disputes (or whatever it's called), issued a couple of weeks ago, states that the new centre will only hear rent disputes in free zones where the free zone does not have its own courts. 

The new centre will therefore hear disputes in free zones such as JLT which do not have their own courts. DIFC courts will hear rent disputes in DIFC. There is a fast track court in DIFC for low value (so residential rent disputes) claims where you aren't allowed to use lawyers (so low cost/everyone is equal). Plus all hearings are in English. The OP should call the DIFC courts. There's no reason to give in to the landlord on this. 

BTW RERA have never dealt with disputes between landlords and tenants anywhere in Dubai. That has always been the preserve of the rent committee and now this new centre for resolving disputes.


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## Chocoholic (Oct 29, 2012)

According to Dubai rental laws, to evict a tenant - 12 months notice must be given at the end of the current rental period - that notice MUST be delivered by registered post and the LL must state a reason as to why the tenant is being asked to leave. Any new owner must honour the current rental contract and she certainly cannot ask you to leave with 90 days notice.

Hearing so, so many of these stories at the moment.


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## allin1 (Oct 6, 2013)

Dear Crozo,
I agree with Bigo, make sure your contract is registered with ijari because otherwise it is not considered valid at time of disputes. 

Latest news found in Gulf news Oct 2, 2013
His Highness Sheikh Mohammad bin Rashid Al Maktoum, Vice-President and Prime Minister of the UAE and Ruler of Dubai, issued Decree No. 26/2013 establishing the Rental Disputes Resolution Centre. The Centre aims to provide a specialised judicial framework to deal with rental disputes and to improve the resolution thereof through a simple and expeditious mechanism.....
But.....
The starting point is the jurisdiction is wide enough to capture all disputes relating to rents. However, it excludes rental disputes arising in free zones that have courts or special committees to deal with them (in a reference to the DIFC), those arising out of financial leasing and long leases, which are governed by Law No. 7 of 2006 in respect of Real Estate Registration.
So looks like DIFC is the right place to go.
Good luck.


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## Jumeirah Jim (Jan 24, 2011)

Chocoholic said:


> According to Dubai rental laws, to evict a tenant - 12 months notice must be given at the end of the current rental period - that notice MUST be delivered by registered post and the LL must state a reason as to why the tenant is being asked to leave. Any new owner must honour the current rental contract and she certainly cannot ask you to leave with 90 days notice.
> 
> Hearing so, so many of these stories at the moment.


That is nonsense. 

It's at least 90 days prior to expiry of the lease term. 

The landlord can only refuse to renew in very limited circumstances though. e.g. He wants the place for his own family's use and he must give reasons for not renewing in his notice.


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## Jumeirah Jim (Jan 24, 2011)

allin1 said:


> Dear Crozo,
> I agree with Bigo, make sure your contract is registered with ijari because otherwise it is not considered valid at time of disputes.
> 
> Latest news found in Gulf news Oct 2, 2013
> ...


Ejari is irrelevant for a lease in DIFC.


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## w_man (Apr 16, 2010)

Soooo ... just to clarify ... Free zones like DIFC, JLT, Media City - all rental issues have to be handled by the free zone authority but other places like Springs, Marina, Al Barsha is still managed by RERA/Rent Committee?

BTW - I went down to RERA and the Rent Committee today. RERA didn't mention the new Rental Dispute Resolution Centre. Rent Committee office is still at Dubai Municipality building and are still taking applications for disputes. Assuming this new resolution centre isn't up and running yet?


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## allin1 (Oct 6, 2013)

Dear Jumeirah Jim, 
Thanks for pointing out that it is not ejari. OK I found the document where it shows that the leasee should register with RORP.
Pls refer to page 11 of DIFC RoRP Client Handbook 2013.


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## allin1 (Oct 6, 2013)

w_man said:


> Soooo ... just to clarify ... Free zones like DIFC, JLT, Media City - all rental issues have to be handled by the free zone authority but other places like Springs, Marina, Al Barsha is still managed by RERA/Rent Committee?
> 
> BTW - I went down to RERA and the Rent Committee today. RERA didn't mention the new Rental Dispute Resolution Centre. Rent Committee office is still at Dubai Municipality building and are still taking applications for disputes. Assuming this new resolution centre isn't up and running yet?


The Rental Dispute Resolution Centre starts functioning only from Dec 2013.


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## Jumeirah Jim (Jan 24, 2011)

w_man said:


> Soooo ... just to clarify ... Free zones like DIFC, JLT, Media City - all rental issues have to be handled by the free zone authority but other places like Springs, Marina, Al Barsha is still managed by RERA/Rent Committee?
> 
> BTW - I went down to RERA and the Rent Committee today. RERA didn't mention the new Rental Dispute Resolution Centre. Rent Committee office is still at Dubai Municipality building and are still taking applications for disputes. Assuming this new resolution centre isn't up and running yet?


No there are no courts in JLT or Media City. Ranches/Springs/Marina etc aren't free zones. They're investment areas where foreigners can buy. That is all. Again no courts. If no courts then it's usual Dubai rules. 

As said by others there's a transition period (2 months I think) before the new centre takes over from the RC.


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## w_man (Apr 16, 2010)

Jumeirah Jim said:


> No there are no courts in JLT or Media City. Ranches/Springs/Marina etc aren't free zones. They're investment areas where foreigners can buy. That is all. Again no courts. If no courts then it's usual Dubai rules.
> 
> As said by others there's a transition period (2 months I think) before the new centre takes over from the RC.


Good to know. My contract is up in December so if I have to fight my landlord, I'll have to use the newly implemented system ... YAY!! :fingerscrossed:


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## Chocoholic (Oct 29, 2012)

Jumeirah Jim said:


> That is nonsense.
> 
> It's at least 90 days prior to expiry of the lease term.
> 
> The landlord can only refuse to renew in very limited circumstances though. e.g. He wants the place for his own family's use and he must give reasons for not renewing in his notice.


It's not nonsense at all! It's the law - and I did say that the LL must state a valid reason as to why he wants the tenant out - but that's what it states in the Dubai rental laws! A LL can evict a tenant, giving 12 months notice for valid reasons. CHANGES to a tenancy contract i.e. change in rent, other conditions must be sent at the 90 day period - please know the local laws and regulations BEFORE you say something is nonsense. This has been well documented in the press in the last year and is easily found on google, as per the examples (evidence to back up what I said) below.

Please read the Q&A section!

Can landlord evict tenant before Dubai tenancy contract expires? - Emirates 24/7

and here:

http://www.thenational.ae/business/...ock-start-ticking-on-my-dubai-eviction-notice


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## johnnorris (Jul 22, 2013)

Bigo said:


> There is no need to worry you have 1 year from the day the new owner requests you to leave he should give you a notice of 12 month if he wish to evict you. i ve been there, but go register your rent agreement with IJari so you can talk to RERA. they will not accept anything if you are not registered. regardless of the new owner excuses 12 month notice should be given then you have to leave.


Your rental agreement does not need to be registered with ejari to speak with rear or file a case with the rent committee


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## johnnorris (Jul 22, 2013)

vastmassive said:


> If you head down that route it will be expensive, remember the power of the "fear factor" over here is very strong, don't be pulled in. As you have nothing but time on your hands, In a nutshell you have the right to complete your contract and extend it for a further year before he can effectively tell you to leave. don't be pressurized. "Sort It" is a company set up to deal with situations like this that occur in Dubai without involving the courts or lawyers (the power of negotiation) PM me or mail sortituae at Hotmail com for in-depth details of this.


Agreed


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## johnnorris (Jul 22, 2013)

Chocoholic said:


> It's not nonsense at all! It's the law - and I did say that the LL must state a valid reason as to why he wants the tenant out - but that's what it states in the Dubai rental laws! A LL can evict a tenant, giving 12 months notice for valid reasons. CHANGES to a tenancy contract i.e. change in rent, other conditions must be sent at the 90 day period - please know the local laws and regulations BEFORE you say something is nonsense. This has been well documented in the press in the last year and is easily found on google, as per the examples (evidence to back up what I said) below. Please read the Q&A section! Can landlord evict tenant before Dubai tenancy contract expires? - Emirates 24/7 and here: http://www.thenational.ae/business/personal-finance/when-does-clock-start-ticking-on-my-dubai-eviction-notice


It's extremely difficult for a landlord to evict a tenant and all evictions need to be approved by the rent committee. If you move out then you are playing into the landlords hands as the eviction may not follow Dubai law. 

Eg/. If he says he's moving in and you just move out then it will be more difficult to seek compensation through the rent committee as they may ask why you did not challenge the eviction.


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