# Evicting a tenant



## woodlands (Jan 13, 2010)

Hi everyone,
I just bought a place which has a tenant living in. The previous landlord had a very difficult time with him. Now the previous contract expires in 4 months and I am wondering as to what are my options so that after 4 months he does move out .... The previous contract is not registered in ejari so I guess RERA won't entertain any complaints. 
What can I do as a landlord? The tenant is so impossible that I had to buy the property without even seeing it. So no judgements pls...plus I genuinely want to live in the property rather than rent it out.
Thank you for your advice


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## wandabug (Apr 22, 2010)

The tenant has the right to renew his contract regardless of the fact the ownership has changed. You should have come to an agreement with the previous owner to offer the tenant some compensation for the inconvenience of moving out at the end of the Contract and split the cost between you. Now you will have to bear the full cost of the compensation and the Tenant can name his price. You also are liable for returning his deposit.


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## woodlands (Jan 13, 2010)

wandabug said:


> The tenant has the right to renew his contract regardless of the fact the ownership has changed. You should have come to an agreement with the previous owner to offer the tenant some compensation for the inconvenience of moving out at the end of the Contract and split the cost between you. Now you will have to bear the full cost of the compensation and the Tenant can name his price. You also are liable for returning his deposit.


Offer compensation at the end of contract for the inconvenience of moving out. Tenant can name his price ??
Seriously what country are u in u reckon. Can't be true for Dubai.


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## m1key (Jun 29, 2011)

woodlands said:


> Offer compensation at the end of contract for the inconvenience of moving out. Tenant can name his price ??
> Seriously what country are u in u reckon. Can't be true for Dubai.


So, you don't like the advice. Ignore it then, but don't complain when when you reap the consequences of doing so...


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## Gavtek (Aug 23, 2009)

Have you already given him notice to move out?


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## Felixtoo2 (Jan 16, 2009)

Do you have a copy of the rental agreement? Surely there must be a something in it that can help.


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## PolarBear (Jul 12, 2010)

*It's true*



woodlands said:


> Offer compensation at the end of contract for the inconvenience of moving out. Tenant can name his price ??
> Seriously what country are u in u reckon. Can't be true for Dubai.


These are RERA rules. An owner must supply 12 months notice in order to evict a tenant, even if ownership has changed. The only way to get the tenant out earlier is to offer compensation in exchange for him or her to move out voluntarily.


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## woodlands (Jan 13, 2010)

Gavtek said:


> Have you already given him notice to move out?


Doing that first thing ...contract says that renewal is only at landlord's discretion but the contract is not registered with rera...the contract was signed with previous landlord.My issue is that once contract expires the guy should leave....and I am letting him know more than 90 days earlier that I don't want to renew....but I hear this 12 month notice thing. What's the point of 12 month contract when u need 12 month notice ? I thought I had left the European socialist bull**** behind me when I came to Dubai but looks like probably not.


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## PolarBear (Jul 12, 2010)

woodlands said:


> Doing that first thing ...contract says that renewal is only at landlord's discretion but the contract is not registered with rera...the contract was signed with previous landlord.My issue is that once contract expires the guy should leave....and I am letting him know more than 90 days earlier that I don't want to renew....but I hear this 12 month notice thing. What's the point of 12 month contract when u need 12 month notice ? I thought I had left the European socialist ******** behind me when I came to Dubai but looks like probably not.


You may have some leeway if the contract isn't registered with RERA. Otherwise the rules are pretty clear, and easy to find too I might add. No use crying BS just because you didn't do your homework before buying.


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## HarryUK (Oct 14, 2012)

PolarBear said:


> You may have some leeway if the contract isn't registered with RERA. Otherwise the rules are pretty clear, and easy to find too I might add. No use crying BS just because you didn't do your homework before buying.


The 12 month scenario is only applicable for certain criteria. As you can prove you want to move into the property and is for personal use...you won't have an issue. I only know this as it was discussed at length between a work colleague and the legal department. So ignore the rubbish advice above and just get 60 mins with a lawyer and evict the tenant.


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## wandabug (Apr 22, 2010)

Actually I take back what I said. If you want the apartment for yourself or your immediate family you can ask the tenant to leave at the end of the contract, with 90 days notice. Under this rule you cannot rent the apartment out for 2 years. However, unless your previous tenant put in a compliant, I don't see how anyone would know if you really were intending to move in. Apologies I had not read your post properly. You don't need a lawyer.


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## ibkiss (Feb 1, 2012)

I was to say the same thing as Harry ,as I'm also a landlord .The rules are different when the property is sold with a tenant in it & the new landlord wishes to move into the property !


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## woodlands (Jan 13, 2010)

ibkiss said:


> I was to say the same thing as Harry ,as I'm also a landlord .The rules are different when the property is sold with a tenant in it & the new landlord wishes to move into the property !


So if the contract is expiring in 4 months I can still give 90 days notice and evict the tenant? 
Thank you very much....


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## woodlands (Jan 13, 2010)

wandabug said:


> Actually I take back what I said. If you want the apartment for yourself or your immediate family you can ask the tenant to leave at the end of the contract, with 90 days notice. Under this rule you cannot rent the apartment out for 2 years. However, unless your previous tenant put in a compliant, I don't see how anyone would know if you really were intending to move in. Apologies I had not read your post properly. You don't need a lawyer.


Thanks for taking the time out to share your thoughts...much appreciated. Must admit you scared me though.:ranger:


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## woodlands (Jan 13, 2010)

woodlands said:


> So if the contract is expiring in 4 months I can still give 90 days notice and evict the tenant?
> Thank you very much....


So just sharing some issues in case someone has a similar problem later.
1/ one needs to go to the typing centers to get an eviction notice in Arabic. For Aed 30 the guy will do the job. The tricky part is that the typist needs the tenants name in Arabic. My tenant refuses to talk and I don't have either the original tenancy contract or the tenants passport and visa copy at this stage. So what I did was to pay aed 100 to do a legal translation of the name of tenant on the contract. The typist however insists that the date of eviction must be the final date of the original contract. I had to run a few times to the Dubai courts in al quasi but there is a way less crowded centre located in al Barsha, right next to vehicle registration offices. In Dubai courts in qusais while the official timing may be 8 to 12, they stop giving appointments after 10. So go early.
2/ I went to the notary in Al Barsha who stated that I could just give 90 days notice, no problem. However they need an ejari registration before they can do anything. It's amazing how this bureaucracy entangles itself in its self created web to make us go beserk. Completely pissed at the tenant by this stage for making me go through this, and refusing to talk, I decided that I will take the extra effort for 90 days eviction notice.
3/ For ejari one needs the passport copy and visa copy of the tenant, a dewa bill and the original contract. I got the passport and visa copy from landlord's agent, dewa bill by quoting the premise number written in front of the door but the original contract is unavailable. So to register for Ejari I need to go to Dubai land department to do the needful. I await the end of Eid holidays to proceed with the case.


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## BedouGirl (Sep 15, 2011)

I know this is probably a very naive question to ask but, surely, the current contract is no longer valid as it was between the previous owner and the tenant and not you, as the current owner? One of the properties I was looking after had a change of owner during the middle of the lease and we had to sign a new comtract for the period remaining on the lease. As for the original lease, the previous owner will have one - can you not get it from him?


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## woodlands (Jan 13, 2010)

BedouGirl said:


> I know this is probably a very naive question to ask but, surely, the current contract is no longer valid as it was between the previous owner and the tenant and not you, as the current owner? One of the properties I was looking after had a change of owner during the middle of the lease and we had to sign a new comtract for the period remaining on the lease. As for the original lease, the previous owner will have one - can you not get it from him?


Not a naive question at all. I have only a scanned copy of original contract. The tenant refuses to talk or communicate, so how does one get him to sign a new contract or work out an arrangement. He will only respond to a legal notice I believe. 
In theory I could register the dewa under my name and cut off electricity and water supply etc. but that would be just too awful a thing to do to someone.


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## wandabug (Apr 22, 2010)

Why is the Tenant being difficult?? He has done nothing wrong. He has paid his rent and has a legally binding contract. It's not his fault the landlord sold the apartment - change of ownership does not affect his rights. I hope he is taking legal advice as well.


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## BedouGirl (Sep 15, 2011)

Thing is even if you serve notice and you are legally correct, etc., I think you will find the process to physically evict takes considerably more time after the contract has expired. You may want to start looking into what the process is in Dubai so you are prepared for this eventuality.


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## BWolfgr (Feb 23, 2013)

Woodlands, thanks for posting your advice. Did you manage to evict the tenant?

I just bought a house and I want to do the same. So I will start the same process.

Is there anybody who can do all this on my behalf so I don't have to spend my time in the courts and the typists?


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## ibkiss (Feb 1, 2012)

woodlands said:


> Not a naive question at all. I have only a scanned copy of original contract. The tenant refuses to talk or communicate, so how does one get him to sign a new contract or work out an arrangement. He will only respond to a legal notice I believe.
> In theory I could register the dewa under my name and cut off electricity and water supply etc. but that would be just too awful a thing to do to someone.


Woodlands .. but how will register dewa in your name when AND IF there will be a due amount pending by the tenant (which is usually the case) ?
As far as I know ,dewa will need to close the old account before any name transfer .


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## Felixtoo2 (Jan 16, 2009)

When you bought the property you must have known that there were tenants in it, how do you plan to compensate them?


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## BWolfgr (Feb 23, 2013)

Felix this is a good question.
I bought the property in December. The developer told me that the contract expires in January and they will not renew it. But they did! Go figure... 

I still bought the apartment because it was the best opportunity that I found. What is even more weird is that the tenant had no clue that the apartment is for sale.

I have learned from my experience that people here try to scam you with the worst ways, even the most reputed companies. Really I do not trust them anymore even on the smallest things. I have been lied to every single time I met a real estate agent here in Dubai for the past 6 months. From small details, to big things, some people just throw lie after lie. 80% of the real estate agents are unable to answer basic question about the property they are selling. I don't know if you have been looking to buy, but it is quite an adventure. Be really careful when buying property in Dubai.

As I knew that there is a tenant inside, the tenant also knows that they do not own the house and the owner might want to live in the house someday. If I could notify them earlier, I would, but the developer did not even notified them that they are selling the apartment. Now why should I compensate the tenant? He will pay as much as he stays and he will get 90 months notice as it is the law. I am not asking anything beyond his legal obligations. I think that 90 days is a quite reasonable time frame to find another place to rent and there are plenty available properties around with similar price.

Bottom line I do not think that I have legal neither moral obligation to compensate them.


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## wandabug (Apr 22, 2010)

Lesson learnt - ask for a vacating letter when buying a property with a tenant in. None of this is the tenant's fault and he has the law on his side. You can wait for the end of his tenancy and give him 3 months to vacate or you have to compensate him to move out earlier. If it was such a good deal you shouldn't mind compensating him.


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## BWolfgr (Feb 23, 2013)

Wandabug, seriously! did you read the rest of the thread? Thanks for teaching "morale" but start with yourself before crusading "fixing" people in online forums.

Ranting and attacking here, is not cool


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## wandabug (Apr 22, 2010)

Oh I am so sorry - did you not get the answer you wanted? Please go ahead and break the law. Seriously you want to evict a tenant and you expect sympathy?


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## BWolfgr (Feb 23, 2013)

This is not breaking the law, but utilizing the law  
I mean really, do you think that I will not move in my house because you say so?

I will compensate the tenant if he is cooperative, but still the eviction letter will be done, to be sure of when I will move in.


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## woodlands (Jan 13, 2010)

first i tried the nice way. then got some wasta involved. guy got fired from his job, couldn't find another and is back in europe now.


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## m1key (Jun 29, 2011)

woodlands said:


> first i tried the nice way. then got some wasta involved. guy got fired from his job, couldn't find another and is back in europe now.


So cutting off his DEWA would be wrong, but getting him fired from his job for reasons nothing to do with his job is ok. Classy


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## Tropicana (Apr 29, 2010)

m1key said:


> So cutting off his DEWA would be wrong, but getting him fired from his job for reasons nothing to do with his job is ok. Classy


And people wonder why some owners have such a bad reputation.


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## Laowei (Nov 29, 2009)

woodlands said:


> first i tried the nice way. then got some wasta involved. guy got fired from his job, couldn't find another and is back in europe now.


Well done you, must be very proud of yourself. So lesson for everyone when buying an apartment do your due diligence beforehand to prevent becoming a total ar$e later.


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## Chocoholic (Oct 29, 2012)

woodlands said:


> first i tried the nice way. then got some wasta involved. guy got fired from his job, couldn't find another and is back in europe now.


Well I sincerely hope karma comes to bite you in the behind. How utterly shameful of you!


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## Jynxgirl (Nov 27, 2009)

woodlands said:


> first i tried the nice way. then got some wasta involved. guy got fired from his job, couldn't find another and is back in europe now.


May you always be so lucky to be able to manipulate the laws here to have it go your way and not care at all what damage you do to someone else's life. 

Dubai is the place for you buddy...


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## Mr Rossi (May 16, 2009)

woodlands said:


> first i tried the nice way. then got some wasta involved. guy got fired from his job, couldn't find another and is back in europe now.


Well done you for ruining someone else's life, take a bow you reprehensible _/snip_.

You'll get yours.


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## rsinner (Feb 3, 2009)

woodlands said:


> first i tried the nice way. then got some wasta involved. guy got fired from his job, couldn't find another and is back in europe now.


So (1) you got someone fired, (2) discriminate based on nationality while running your business, (3) just asked whether all Nepalese maids are good or bad. 
Classy. + echo all the sentiments expressed above


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## BedouGirl (Sep 15, 2011)

I am on a countdown now to see which comes first - a ban following some sort of rant or whether he just won't post again!

To add to what everyone else has already said - what goes around comes around. And, for sure, in some way, this will bite you in the proverbial b*m!


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## woodlands (Jan 13, 2010)

BedouGirl said:


> I am on a countdown now to see which comes first - a ban following some sort of rant or whether he just won't post again!
> 
> To add to what everyone else has already said - what goes around comes around. And, for sure, in some way, this will bite you in the proverbial b*m!


Wow, read a few previous posts on the thread... Who exactly is on a rant.
Do I sound like frustrated ? Seems like the context is lost on a few.
1/ i own the property
2/ the tenant completely refused to communicate
3/ his contract was over
4/ he wanted to continue living in my place at 40% below market

For a forum where many members complain about things like Salik charges while enjoying first rate infrastructure and zero tax, that's pretty rich to do charity with someone else's money. When people stop being nice and start being jerks, knowing fully well what they are doing, things obviously don't end up nicely. Just be sure who you are messing up with when you decide to be a jerk. That for me is Dubai, and yes I love it for what it is.


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## HarryUK (Oct 14, 2012)

woodlands said:


> Wow, read a few previous posts on the thread... Who exactly is on a rant.
> Do I sound like frustrated ? Seems like the context is lost on a few.
> 1/ i own the property
> 2/ the tenant completely refused to communicate
> ...


Good for you, when people start to take advantage of ones good nature they deserve what they get. Why be a victim, perhaps what happened to that person was his karma.


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## Chocoholic (Oct 29, 2012)

and what had any of that to do with getting someone fired? Losing them their livelihood and basically destroying their life here? er nothing!

I really cannot stand people who pull the whole 'don't you know who I am/know who I know' BS - usually they are weak and cowardly people, incapable of standing on their own two feet.


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## Jynxgirl (Nov 27, 2009)

Harry... you did read that Mr Lands legally had no rights to evict the tenant in the way he so wanted to as he purchased it and there was already a tenant with a contract and the tenant legally didnt have to leave and he didnt follow the legal procedures for removing a tenant... and used wasta to screw someone over to get what he wanted even though it was illegal??? 

And then another person thinking rents should go up 40% from one lease to the next, even though that is also illegal..... My god the landlords in the uae are beyond stupid with this rental madness.


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## Mr Rossi (May 16, 2009)

woodlands said:


> Just be sure who you are messing up with when you decide to be a jerk.


You make me sick.

That wasta of yours doesn't come for free you know. Remember that when, hopefully, you're languishing in a prison cell or exiled back to Europe yourself.


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## Chocoholic (Oct 29, 2012)

Mr Rossi said:


> You make me sick.
> 
> That wasta of yours doesn't come for free you know. Remember that when, hopefully, you're languishing in a prison cell or exiled back to Europe yourself.


Plus, someday, he'll probably try and use this against the wrong person - then he'll be sorry!= and probably end up face down in the desert!


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## woodlands (Jan 13, 2010)

Jynxgirl said:


> Harry... you did read that Mr Lands legally had no rights to evict the tenant in the way he so wanted to as he purchased it and there was already a tenant with a contract and the tenant legally didnt have to leave and he didnt follow the legal procedures for removing a tenant... and used wasta to screw someone over to get what he wanted even though it was illegal???
> 
> And then another person thinking rents should go up 40% from one lease to the next, even though that is also illegal..... My god the landlords in the uae are beyond stupid with this rental madness.


His rent had not changed since 2009 when he secured a desperate deal. He asked the landlord 20% of property value to get him out. because the landlord didn't agree he refused every prospective buyer/ new tenant from viewing and called the police on a 63 year old Saudi guy when he came to discuss matters politely as he needed cash for his business. 
I am quite confident of my karma.


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## Mr Rossi (May 16, 2009)

Regardless of the tenant's nature. I'm guessing that as you bought the flat without seeing it, from a 64 year old Saudi that needed the money, you saw an opportunity and realised a bit of dirty play would get you a right result. Fly with the crows, get shot with the crows.


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## Roxtec Blue (Jan 14, 2013)

woodlands said:


> first i tried the nice way. then got some wasta involved. guy got fired from his job, couldn't find another and is back in europe now.



A wise man once said "be careful what you wish for". What goes around comes around.................


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## woodlands (Jan 13, 2010)

Mr Rossi said:


> Regardless of the tenant's nature. I'm guessing that as you bought the flat without seeing it, from a 64 year old Saudi that needed the money, you saw an opportunity and realised a bit of dirty play would get you a right result. Fly with the crows, get shot with the crows.



I bought it at the market price. What baffles me is that you forget that the landlord needed to sell. What if he needed the cash for his child's education etc. and couldn't because this jerk was not willing to do what any decent guy would. 
Just because someone has a property doesn't mean they have written it off and don't need the cash or have tonnes of cash lying around. 
I didn't even have to push it, i just told the facts to the board member and he fired his western manager next day. In fact forget wasta this place has a lot more decency than europe wherein parasites and low lives are using democracy as a shield to enact vastly unfair protections and social transfer. 
"Under the law we have the right to squat in your property and you can't do jack about it". 
"Under the law you must pay 75% of your earnings above 1 m so that i can redistribute it to fellow citizens."

Not in Dubai ... and i wish it stays this way.


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## falconlyeo (Feb 3, 2013)

For the property personal usage, the owner need prove this, and the owner need stay inside the condo more than 6 months. The owner can terminate the renewal contract.That is the property agent from Betterhomes explained.


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## falconlyeo (Feb 3, 2013)

ｓｏｍｅｔｉｍｅｓ　ｓｏｍｅ　ｔｅｎａｎｔｓ　ｃａｎ　ｂｅ　ｖｅｒｙ　ｄｉｆｆｉｃｕｌｔ．Ｉheard some tenants will not allow any viewing during their rental time. So it is very important for the landlord to find out how are your tenants. Maybe list out viewing is a must on the contract. Of course, not disturbing too much,but especially till the end of the contract time, for the landlord, it should be humane,more flexible.


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## Cearense (Aug 19, 2011)

BWolfgr said:


> Felix this is a good question.
> I bought the property in December. The developer told me that the contract expires in January and they will not renew it. But they did! Go figure...
> ...
> Bottom line I do not think that I have legal neither moral obligation to compensate them.


BWolfgr, I was in a similar situation about a year ago when I bought my villa so believe me I empathize with you.

But the bottom line is that the tenant also does not have legal or arguably moral obligation to leave your property so they will likely just stay there. The property law in Dubai is very much pro tenant as I painfully found out.

My advice is to try to negotiate a settlement that is acceptable for both parties. And I'm sorry this will likely mean you'll have to put some money on the table, as I had to.


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## Canuck_Sens (Nov 16, 2010)

woodlands said:


> I didn't even have to push it, i just told the facts to the board member and he fired his western manager next day. In fact forget wasta this place has a lot more decency than europe wherein parasites and low lives are using democracy as a shield to enact vastly unfair protections and social transfer.


Woodlands,

Clear your mind. What you did is morally wrong. First, you should have exhausted your options with the tenant which I think you did not.

You should have played by the rules, but you gamed the whole thing and you used someone to game (wasta).

Secondly, morally speaking, destroying one's man job is a terrible thing. 

I just wonder what you really told the board member to get this man fired. 

Unfortunately here in Dubai companies that pay rent for their employees tend to listen to the complaints of landlords without even telling the employee about the complaint. I saw that happening. That's why I was not surprised by what you told us and that's why I am wary from whom I rent.

And your case just tell us that RERA has a long way to go in fixing this kind of stuff. Just because the company rents on behalf of the tenant, it should not mean that all rights are waived. You ABUSED. You gamed the system at expense of another man's job.


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## Tropicana (Apr 29, 2010)

Cearense said:


> BWolfgr, I was in a similar situation about a year ago when I bought my villa so believe me I empathize with you.
> 
> But the bottom line is that the tenant also does not have legal or arguably moral obligation to leave your property so they will likely just stay there. The property law in Dubai is very much pro tenant as I painfully found out.
> 
> .


Really? When it comes to rental increases and evictions, the law is pro-tenant. In pretty much everything else, the law, or to use a better word , the "system" is geared towards the landlord. 

I am renting a place, and the owner can simply refuse to pay annual service charges after 3 months, and I will be the one losing access to common areas because of that. Stopping cheques is quite a difficult matter, and I cannot just cite non-payment of service charges to stop a cheque.

Another example; last year, the Ejari thing became compulsory, and to do that you required a title deed. Many landlords did not pay for their title deeds, and they could simply refuse to pay/give it to their tenant. Who suffers? The tenant , who cannot renew visas without the Ejari contract.

The 1/2 cheque system is another example...


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## sammylou (Oct 29, 2012)

Tropicana said:


> The 1/2 cheque system is another example...


this one shocked us as we had no idea coming from toronto where you start a lease with first + last month's rent and pay at the top of each month. 

that's my side rant.

:focus:


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## dizzyizzy (Mar 30, 2008)

And let's not forget that is the tenant who has to pay for the agent fees, even though they often do NOTHING. And literally, I mean nothing


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## Tropicana (Apr 29, 2010)

sammylou said:


> this one shocked us as we had no idea coming from toronto where you start a lease with first + last month's rent and pay at the top of each month.
> 
> that's my side rant.
> 
> :focus:


With lesser cheques and it being very difficult to stop cheques, the owner can refuse to pay for any maintenance as soon as he gets his money.


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## Mr Rossi (May 16, 2009)

woodlands said:


> i just told the facts to the board member and he fired his western manager next day. .


This is all starting to get a bit Walter Mitty.


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## woodlands (Jan 13, 2010)

Canuck_Sens said:


> Woodlands,
> 
> Clear your mind. What you did is morally wrong. First, you should have exhausted your options with the tenant which I think you did not.
> 
> ...



Morality is very good with someone else' capital. I am not a Gandhi or a Mandela. But you are very right, i didn't exhaust all my options with the tenant...could have been much worse. Shame is something that my tenant and his supporters such as yourself are not born with. Beggars with an attitude. But will scream like a *** when you get your due. 
When you are able to cultivate a sense of shame and decency, come and talk to me.


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