# Eviction/Compensation/Proof of Reason



## totalgoose (Jul 23, 2014)

Hi all,

Law No. 33, Article 26 states that the landlord shall compensate the tenant unless the landlord or next of kin moves in.

Seeing that 99% of landlord evictions seem to be through this dodgy clause.

1. Has anyone had any luck in claiming compensation through RERA etc?

2. I would be interested to know how RERA would calculate it?

3. Can tenant demand proof beforehand and hold ground legally, or can one only claim unfair eviction / compensation this after eviction?


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## BigJo (Nov 2, 2012)

Great questions. Given that a lot of us are facing pretty much the same problem, it would be great to see who has had (or not had) success going down this track. 

Spoke to a lawyer last week and he said RERA is not especially keen on these. I can see the bureaucratic train wreck that's for sure.


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## NjxNA (Jan 13, 2013)

Spoken to a property specialist lately and apparently compensation is one year rent value... 
Not a clue on how to open a case and timelines/documentation needed


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## kaizar (Aug 19, 2014)

Hi. i Have been in similar situation and have opend a case against the owner as he evicted me saying he wants to sell it and later re rented it on higher rent, he didnt show up on first hearing and today i have 2nd hearing so lets see what happens.


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## telecompro (Apr 4, 2013)

I would be interested to see if people actually get paid a whole years rent or not?


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## rsinner (Feb 3, 2009)

telecompro said:


> I would be interested to see if people actually get paid a whole years rent or not?


I will be very surprised (and happy to eat my words) if anyone got anything out of this.


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## Kayote (Nov 12, 2013)

@kaizar : how did the hearing go?


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## kaizar (Aug 19, 2014)

*Hi*

Hey there, not much good though, my landlord didnt appear for hearing for the second time, i have been called again tomorrow to RERA i am not sure what for, i shall update you, i hope it gets over once and for all tomorrow.

Have you registered a case too?


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## Kayote (Nov 12, 2013)

kaizar said:


> ...Have you registered a case too?


No; haven't come across a need so far. :fingerscrossed:


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## Goonotora (Jul 1, 2012)

Can anybody give advise on this topic ?


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## Many ya (Oct 27, 2015)

Hi..i would like to know what was the judgement in your case...thanks


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## Yeah Yeah (Apr 20, 2014)

I know of someone who last year successfully made a claim against his former landlord. IIRC it was a 4-6 month process. The landlord was not a resident and never made one court date. My friend was patient, kept lots of notes, kept all expense receipts, and had someone to translate Arabic. The amount to be awarded is not set in stone...it is up to the judge to decide the amount, but in the end the amount awarded in his case was almost exactly equal to one year's rent - 140,000AED. The amount was paid after the landlord arrived at DXB and was promptly escorted to jail for several hours until the funds were gathered by his business associates.


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## nagib_91 (Mar 14, 2014)

Yeah Yeah said:


> I know of someone who last year successfully made a claim against his former landlord. IIRC it was a 4-6 month process. The landlord was not a resident and never made one court date. My friend was patient, kept lots of notes, kept all expense receipts, and had someone to translate Arabic. The amount to be awarded is not set in stone...it is up to the judge to decide the amount, but in the end the amount awarded in his case was almost exactly equal to one year's rent - 140,000AED. The amount was paid after the landlord arrived at DXB and was promptly escorted to jail for several hours until the funds were gathered by his business associates.


wow this is interesting!! 



so basically if someone kicks you out and lease it to another person, you are entitled to compensation ?


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## twowheelsgood (Feb 21, 2013)

nagib_91 said:


> so basically if someone kicks you out and lease it to another person, you are entitled to compensation ?


No, its complex. Go read the thread properly.


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## Froglet (May 7, 2014)

We are currently going through this process.

Our former landlord wanted to sell his apartment and we got an eviction note. He didn't sell it and is currently renting it to someone else. According to the law, this is not allowed for two years. If you open a case, you are first called in together to have a meeting and see if it can somehow be solved (compensation wise), if not, a judge (or something similar) will decide on what is to be awarded as compensation. It is usually 1 year's rent + costs for opening the case.


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## nagib_91 (Mar 14, 2014)

twowheelsgood said:


> No, its complex. Go read the thread properly.


 The Thread doesn't state much though.


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## twowheelsgood (Feb 21, 2013)

nagib_91 said:


> The Thread doesn't state much though.


It certainly does.


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## Many ya (Oct 27, 2015)

Froglet said:


> We are currently going through this process.
> 
> Our former landlord wanted to sell his apartment and we got an eviction note. He didn't sell it and is currently renting it to someone else. According to the law, this is not allowed for two years. If you open a case, you are first called in together to have a meeting and see if it can somehow be solved (compensation wise), if not, a judge (or something similar) will decide on what is to be awarded as compensation. It is usually 1 year's rent + costs for opening the case.


Hi
Did u open the case against your landlord?
My case is pending even after judgement in my favour as the landlord appealed against the judgement.
Do you have link where it suggests that compensation awarded is one year's rent?


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## Many ya (Oct 27, 2015)

Yeah Yeah said:


> I know of someone who last year successfully made a claim against his former landlord. IIRC it was a 4-6 month process. The landlord was not a resident and never made one court date. My friend was patient, kept lots of notes, kept all expense receipts, and had someone to translate Arabic. The amount to be awarded is not set in stone...it is up to the judge to decide the amount, but in the end the amount awarded in his case was almost exactly equal to one year's rent - 140,000AED. The amount was paid after the landlord arrived at DXB and was promptly escorted to jail for several hours until the funds were gathered by his business associates.


Hi
How recent was this when they received this amount? 
coz in my case compensation to be given is told be just the difference in rent and court fees.


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## Hisham Bravo (Dec 18, 2015)

*Yes the tenant can claim for a compensation*

Hi there,

I am a lawyer and yes the tenant can claim for a compensation for that, which will be estimated by the rent committee, roughly it gonna be equal to 1 to 2 years rent value. 

You can prove that in many ways, for example: request the court to send a bailiff to the flat to check who is living there and record the status in his report. Also, by requesting the court to send an inquiry letter to RERA/Land Department to provide if there is any current "Ejari tenancy contract related to the same flat registered between the same landlord and any new tenant.


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## Many ya (Oct 27, 2015)

Hisham Bravo said:


> Hi there,
> 
> I am a lawyer and yes the tenant can claim for a compensation for that, which will be estimated by the rent committee, roughly it gonna be equal to 1 to 2 years rent value.
> 
> You can prove that in many ways, for example: request the court to send a bailiff to the flat to check who is living there and record the status in his report. Also, by requesting the court to send an inquiry letter to RERA/Land Department to provide if there is any current "Ejari tenancy contract related to the same flat registered between the same landlord and any new tenant.


Hi
Thanks for your reply
After giving all proof including ejari between new tenant and landlord the judgement was in my favour but the amount compensated is very less ...it doesn't amount to one year rent as mentioned by you. He just has to pay the difference in my old and new rent which is very less.
My question is how can i claim for one year rent?
Looking forward for a reply
Thanks and regards


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## twowheelsgood (Feb 21, 2013)

Many ya said:


> HiMy question is how can i claim for one year rent?


You've had the court judgement and compensation.

Thats the end of it - learn to cope with the disappointment of winning


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## Many ya (Oct 27, 2015)

twowheelsgood said:


> You've had the court judgement and compensation.
> 
> Thats the end of it - learn to cope with the disappointment of winning


Hi 
I have no problem with the judgement and neither am i disappointed.
You have mentioned that compensation is one to two years rent, that's why i asked since you also mentioned you are a lawyer so you would know how can one get that much amount. And I read same thing in the forum mentioned by other people as well.

And still after almost two months of judgement I haven't got the compensation as the landlord appealed against the judgement.
Also I read in the forum that if the amount is less than one lakh dh the landlord cannot appeal.
I was told to give application for execution of compensation after 15 days of judgement as that was time given for appeal to both sides.I gave application after around 20 days but still the landlord appealed ....so still the hearing is pending.
Would you know about the execution process?
Thanks


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## Many ya (Oct 27, 2015)

Many ya said:


> Hi
> Thanks for your reply
> After giving all proof including ejari between new tenant and landlord the judgement was in my favour but the amount to be compensated is very less ...it doesn't amount to one year rent as mentioned by you. He just has to pay the difference in my old and new rent which is very less.
> My question is how can i claim for one year rent?
> ...


I missed writing to be compensated
I have still not been compensated 
The case is still on since four months


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## twowheelsgood (Feb 21, 2013)

Many ya said:


> Hi
> I have no problem with the judgement and neither am i disappointed.


So why are you asking for more money then ?



Many ya said:


> You have mentioned that compensation is one to two years rent, that's why i asked since you also mentioned you are a lawyer so you would know how can one get that much amount.


No I did not say that, No I am not a lawyer and you clearly have no idea how the law works. Compensation is decided by the judge on a case by case basis - not what someone else got. Read what people say, not what you want it to say.



Many ya said:


> And still after almost two months of judgement I haven't got the compensation as the landlord appealed against the judgement.


So what ?



Many ya said:


> Also I read in the forum that if the amount is less than one lakh dh the landlord cannot appeal.


You're better off reading what the law actually says than this forum. But to do that you have top pay someone.



Many ya said:


> And I read same thing in the forum mentioned by other people as well.


Two inaccurate statements do not equate to the truth. Ask a Lawyer.


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## Many ya (Oct 27, 2015)

twowheelsgood said:


> So why are you asking for more money then ?
> 
> 
> 
> ...




Oops i didn't check your ID before replying.
It was not meant for you. I was replying to message from Hisham Bravo who mentioned he's a lawyer and that compensation is mostly one to two two year rent.
In between your message popped up so overlooked your Id and assumed that he has replied this.
And i am only asking from a lawyer how is it possible to get that much amount.
Obviously i read his message about compensation that's why replied.
It doesn't mean that i am disappointed or asking....why shouldn't i avail options if there are any? 

Below is his message ...u can also read the compensation he has mentioned


Quote:
Originally Posted by Hisham Bravo View Post
Hi there,

I am a lawyer and yes the tenant can claim for a compensation for that, which will be estimated by the rent committee, roughly it gonna be equal to 1 to 2 years rent value. 

You can prove that in many ways, for example: request the court to send a bailiff to the flat to check who is living there and record the status in his report. Also, by requesting the court to send an inquiry letter to RERA/Land Department to provide if there is any current "Ejari tenancy contract related to the same flat registered between the same landlord and any new tenant.


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## Many ya (Oct 27, 2015)

twowheelsgood said:


> You've had the court judgement and compensation.
> 
> Thats the end of it - learn to cope with the disappointment of winning


Learn some manners. Don't reply on my conversation with someone else.


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## Tackledummy (Jul 14, 2013)

Many ya said:


> Learn some manners. Don't reply on my conversation with someone else.


Excuse me - this is a public forum, so anyone has a right to reply, in fact you have been asking for help from all and sundry, so it's you who needs to learn to be a bit more courteous.

If you want to have a private conversation with your (free) lawyer Mr Bravo, I suggest you take it to private message.

Sooooo, back to the case in hand - you went to court, the judge gave his judgement, and you are waiting to get your "winnings". There is little point coming on here, asking when you will receive the money, or in fact moaning about it being less than you were hoping - you will need to get onto the authorities to get traction on this - not here on a forum!


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## mariot (Nov 4, 2013)

Many ya said:


> Hi
> Thanks for your reply
> After giving all proof including ejari between new tenant and landlord the judgement was in my favour but the amount compensated is very less ...it doesn't amount to one year rent as mentioned by you. He just has to pay the difference in my old and new rent which is very less.
> My question is how can i claim for one year rent?
> ...


Judge made ruling on difference in value of your current tenancy to the 1 you were evicted from. So if you had no ejari in your name on your new residence you could have claimed and received a year's rent back simple interpretation


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## Many ya (Oct 27, 2015)

Tackledummy said:


> Excuse me - this is a public forum, so anyone has a right to reply, in fact you have been asking for help from all and sundry, so it's you who needs to learn to be a bit more courteous.
> 
> If you want to have a private conversation with your (free) lawyer Mr Bravo, I suggest you take it to private message.
> 
> Sooooo, back to the case in hand - you went to court, the judge gave his judgement, and you are waiting to get your "winnings". There is little point coming on here, asking when you will receive the money, or in fact moaning about it being less than you were hoping - you will need to get onto the authorities to get traction on this - not here on a forum!


Thanks for your kind words and advise. Will definitely send him a private message here onwards.
You seem to be very perturbed by the fact that a lawyer is giving in free advise here on the forum  probably no one gave you free and you paid a hefty amount and still lost.
As for you being free lawyer for your brother here just check his courteous comments before saying anything further.
Before replying read what one has written . As for help you are not in capacity of helping in a forum....people out here are just sharing their experiences which may or may not be of any help. 
For your information my paid lawyer and authorities have advised me to appeal for more compensation which i may or may not.
You need not tell me or anyone else what to discuss on the forum if you can't share your experience ....learn to be courteous yourself


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## Tackledummy (Jul 14, 2013)

Wow - you are a tool!


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## LesFroggitts (Dec 30, 2013)

Let's not get into a slanging match - insulting behaviour is against the rules of the forum.


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## Tackledummy (Jul 14, 2013)

That's a fair point - it's just he's very good at slinging it - but not so good at taking it. But here goes with my eloquent reply 



Many Ya said:


> Thanks for your kind words and advise. Will definitely send him a private message here onwards.
> You seem to be very perturbed by the fact that a lawyer is giving in free advise here on the forum probably no one gave you free and you paid a hefty amount and still lost.


wow, really..... however did you get there? Not perturbed at all  in fact, what has his free advice gotten you? I'm pretty sure nothing yet!!



Many Ya said:


> As for you being free lawyer for your brother here just check his courteous comments before saying anything further.


you do know that not everyone on the internet is nice and friendly, if I had a dirham for everytime i read a post that keeps spinning around until someone finally reads what they want to see, I'd be pretty rich...... actually that's a lie, but I'd definitely have enough for a couple of happy hour beers in Girders 


Many Ya said:


> For your information my paid lawyer and authorities have advised me to appeal for more compensation which i may or may not.


 so what about your 'free' lawyer, he must be devastated you've binned him so early  


Many Ya said:


> You need not tell me or anyone else what to discuss on the forum if you can't share your experience ....learn to be courteous yourself


Err, yes i can - that's how the forum works........... duh. Now, I have to mindful to follow the forum rules, cos from time to time, i do slip up, but by and large, I can reply to any post i like, and in principle I can say what I like (subject to the forum rules) and that pretty much how we got here..... TWG replied to your post, you didn't like his reply, I didn't like your reply AND TAAADAAA - the magic of a forum


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## Roxtec Blue (Jan 14, 2013)

Tackledummy said:


> That's a fair point - it's just he's very good at slinging it - but not so good at taking it. But here goes with my eloquent reply
> 
> 
> 
> ...


Perhaps, as a wise man (or may have been could a lady) said ...."Sh*t happens" and if you ask the question perhaps you may not like the answer. So be careful what you wish for......


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## Stevesolar (Dec 21, 2012)

Many ya said:


> Hi
> Thanks for your reply
> After giving all proof including ejari between new tenant and landlord the judgement was in my favour but the amount compensated is very less ...it doesn't amount to one year rent as mentioned by you. He just has to pay the difference in my old and new rent which is very less.
> My question is how can i claim for one year rent?
> ...


Hi,
I get the impression that you are getting the run around and if you are not careful - you could end up spending more in legal fees and time to collect your judgement than the amount that the court have awarded you.
In Europe, you could engage bailiffs to chase the money but I don't think such a system exists here.
If the landlord has lodged an appeal - this will delay things further and I think your "win" could end up as a very hollow win, with no monetary outcome for the effort you have expended.
Sometimes you need to step back and decide whether it is better to cut your losses and simply move on.
Karma sometimes has a strange way of rearing its ugly head and you can hope that the landlord does not get to keep their ill gotten gains, in the long run.
Cheers
Steve


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## twowheelsgood (Feb 21, 2013)

This thread has gone the way of so many others when the questiuoner gets an answer they don't like - keep repeating the question until they find someone (ignorant enough) who will tell them exactly what they want to hear and then get all shirty when it turns out not to be true.


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## The Rascal (Aug 6, 2014)

I am a lawyer and you can claim 5 years rent for being wilfully thrown out of someone elses house cos he's had enough of you.


You can PM me for more information.


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