# Eviction notice



## harkybella (Jan 22, 2013)

Wonder if anyone has an experience with this issue. After 9 months we've received a letter with 90 days notice to vacate. I was lead to believe we would get one year, then a second and then he can vacate us with a year notice or increase the rent. It's very frustrating as we renovated all the garden, and now the landlord is probably going to rent it higher to a new family! 
Thanks


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## Fat Bhoy Tim (Feb 28, 2013)

harkybella said:


> Wonder if anyone has an experience with this issue. After 9 months we've received a letter with 90 days notice to vacate. I was lead to believe we would get one year, then a second and then he can vacate us with a year notice or increase the rent. It's very frustrating as we renovated all the garden, and now the landlord is probably going to rent it higher to a new family!
> Thanks


Needs to be a full year from the time of notice, so it'll have to be 12 months from now. 

Just politely say you'll inform the rent committee at RERA.


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## TallyHo (Aug 21, 2011)

Slight correction for you: 12 months from the end of your current contract.

In other words 15 months from now.

Technically speaking you can only be evicted if the landlord wants to sell the villa or a family member is moving in. If you catch him rerenting the villa to new tenants after you've moved out you can take him to the rent committee and see compensation. 



Fat Bhoy Tim said:


> Needs to be a full year from the time of notice, so it'll have to be 12 months from now.
> 
> Just politely say you'll inform the rent committee at RERA.


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## harkybella (Jan 22, 2013)

Thanks for that. That's what we thought. I will contact them Tom to see where I stand.


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## Chocoholic (Oct 29, 2012)

Here's a good article which would answer your questions. Your LL cannot ask you to vacate:

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


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## vantage (May 10, 2012)

Make sure, politely, that he knows that you fully understand your position, the law, and potential future consequences.

Some landlords and agents either don't know the rules, pretend they dont know the rules, and are just out to try it on. Many people just go with what the landlord and agent tells them, rather than doing it properly.

Good luck!


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## pamela0810 (Apr 5, 2010)

If you make a visit to RERA and perhaps have someone call them and speak with them, you might not need to go through the hassle of taking them to court.


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## Fat Bhoy Tim (Feb 28, 2013)

TallyHo said:


> Slight correction for you: 12 months from the end of your current contract.
> 
> In other words 15 months from now.
> 
> Technically speaking you can only be evicted if the landlord wants to sell the villa or a family member is moving in. If you catch him rerenting the villa to new tenants after you've moved out you can take him to the rent committee and see compensation.


Even better to know, tah.


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## Chocoholic (Oct 29, 2012)

pamela0810 said:


> If you make a visit to RERA and perhaps have someone call them and speak with them, you might not need to go through the hassle of taking them to court.


You don't take LL'sa to court, you file a case with the Rent Committee - no need for any of that really RERA will set them straight. Once most LL's realise people know their rights, they tend to back off.


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## pamela0810 (Apr 5, 2010)

Sorry, I meant the Rent Committee. They have a court type set up, been there thrice with my previous landlord.


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## Chocoholic (Oct 29, 2012)

pamela0810 said:


> Sorry, I meant the Rent Committee. They have a court type set up, been there thrice with my previous landlord.


I bet that was fun - not. lol


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## pamela0810 (Apr 5, 2010)

Chocoholic said:


> I bet that was fun - not. lol


I won all three times! It was AWESOME!! 

You'd think the landlord would've learnt his lesson the first time around. Dodgy character kept trying his luck and losing. He ended up having to foot the bill thrice!

Unfortunately, people try and bend the rules as much as they can till they're hit with a harsh dose of reality.

HarkyBella, be polite and let him know that you're well aware of the rules. He cannot evict you and the mere thought if this being taken to the rent committee should suffice for him to back off (fingers crossed!)


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## harkybella (Jan 22, 2013)

Thanks for the info!


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## joemate (Apr 25, 2012)

Hi,

Sorry for hijacking...

are you sure that it is 12 months notice from the end of your current contract?

My current contract runs out in July 2014 and my landlord is talking about wanting me out. 

If he sends me the official notice tomorrow say, would it be:

12 months from tomorrow, so 8th November 2014 or 
12 months from the end of my contract, so July 2015 or 
at the end of my current contract so July 2014?

I'd be interested to know!

Thanks.


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## harkybella (Jan 22, 2013)

From what I have read on rera. It says that with 90 days notice before end of contract they can evict. Just not if in middle of contract. So I think he can boot us out. I have asked for a reason to which I have had no reply surprise surprise!


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## Chocoholic (Oct 29, 2012)

harkybella said:


> From what I have read on rera. It says that with 90 days notice before end of contract they can evict. Just not if in middle of contract. So I think he can boot us out. I have asked for a reason to which I have had no reply surprise surprise!


That supposedly only applies IF the LL or his family are to move in. Otherwise it's 12 months notice. If you call RERA they will tell you it's 12 months notice to serve eviction regardless.


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## TallyHo (Aug 21, 2011)

12 months' notice from the end of your current contract.

In other words, July 2015. 

Your landlord missed the boat back in July when the renewal came up. 



joemate said:


> Hi,
> 
> Sorry for hijacking...
> 
> ...


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## sg1957 (Oct 26, 2013)

TallyHo said:


> 12 months' notice from the end of your current contract.
> 
> In other words, July 2015.
> 
> Your landlord missed the boat back in July when the renewal came up.


Not really. Spoke with RERA , if the landlord is *SELLING* then the eviction has to take place 12 months from the date of serving the notice .

That is if my tenancy contract is up for renewal in March 2014 and i get the eviction notice in November 2013 , I have to vacate the premises in November 2014 and not in March 2015. Therefore my new tenancy contract will be a non renewable contract valid for a period between March 2014 and November 2014.


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## w_man (Apr 16, 2010)

sg1957 said:


> Not really. Spoke with RERA , if the landlord is *SELLING* then the eviction has to take place 12 months from the date of serving the notice .
> 
> That is if my tenancy contract is up for renewal in March 2014 and i get the eviction notice in November 2013 , I have to vacate the premises in November 2014 and not in March 2015. Therefore my new tenancy contract will be a non renewable contract valid for a period between March 2014 and November 2014.


Hmm .. not sure about that. Here are the wordings...

--------------

Landlord may demand eviction of tenant upon expiry of tenancy contract limited to the following cases:

a. If the owner wishes to demolish the property for reconstruction or to add 
new constructions that prevent tenant from benefiting from the leased 
property, provided that necessary licences are obtained.

b. If the property requires renovation or comprehensive maintenance which 
cannot be executed while tenant is occupying the property, provided that a 
technical report issued by Dubai Municipality or accredited by it is to be 
submitted to this effect.

c. If the owner of the property wishes to recover the property for use by him 
personally or by his next of kin of first degree provided that he proves that 
he does not own a suitable alternative property for that purpose.

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

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

-----------

It doesn't even suggest that a LL can evict you if he wants to SELL the property. The LL has to sell the property with a sitting tenant. the NEW LL can, if he wants to move in himself, serve you a notice of eviction on the bases that he/she wants to move in themselves and from how it's written above, the LL can demand eviction of tenant upon expiry of tenancy contract - at least 12 months prior.


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## sg1957 (Oct 26, 2013)

Sorry I should have been more clear . 

I essentially meant that the LL can give an * EVICTION NOTICE * to the tenant when he decides to sell ( Genuinely.Not the nonsense they try for rental increase).

For eg he can decide to sell his house in November 2013 and can give me a notice straight away . This notice however must give me 12 months to vacate the property .

What I mean is if my existing contract is up for renewal in March 2014 , he need not wait till then to give me the eviction notice. It isnt 12 months from the end of the current tenancy contract but 12 months from when the landlord decides to sell.

The RERA guy asked me specifically if he was selling or moving in etc and when I replied selling , he told me the landlord has the right to send me the eviction notice immediately and that I have to vacate the property within 12 months from the date of receipt of the the notice .

So if your landlord is * selling* then its not 12 months and the extra months you have on your tenancy contract . Its just 12 months from any point of time.

I ve called twice and spoke to 2 different people regarding this . Same advice . My landlord is a very nice man really so then have decided not to give him too much of a hassle anyway. 

Oh and in order for the landlord to sell legally he needs to show the new landlord that he has given the tenant an eviction notice .So that the new LL will know for sure when he can move in / rent it out legally .


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## w_man (Apr 16, 2010)

sg1957 said:


> Sorry I should have been more clear .
> 
> I essentially meant that the LL can give an * EVICTION NOTICE * to the tenant when he decides to sell ( Genuinely.Not the nonsense they try for rental increase).
> 
> ...


Hmm ... still not sure why that's not written in the law then. As per my previous post, the landlord can not give notice simply because he's selling - that's NOT one of the reasons allowed as per the law. The notice would have to be given by the new landlord stating the fact that he's moving in.

We have a friend going through this process now and the new LL had to give them the notice on the basis that he wants to move in.


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## harkybella (Jan 22, 2013)

Thanks for the advice 😀


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## pleb2013 (Nov 6, 2013)

w_man said:


> Hmm ... still not sure why that's not written in the law then. As per my previous post, the landlord can not give notice simply because he's selling - that's NOT one of the reasons allowed as per the law. The notice would have to be given by the new landlord stating the fact that he's moving in.
> 
> We have a friend going through this process now and the new LL had to give them the notice on the basis that he wants to move in.


If i follow your logic you mean the following allowable reason to evict:

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

means the landlord can only sell an apartment with sitting tenant - but then why the need to include that in the list of reasons a landlord can evict - what happens after eviction ?

or do you suggest the landlord can only evict if a buyer is buying with sitting tenant ?
then we are back to square one, the tenant has to leave anyway as he just got served 12 months notice..

what i mean is, once the tenant is evicted, in 12 months time - where is the cause for conflict, the apartment can be sold, why does a new buyer need to give notice again ?


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## w_man (Apr 16, 2010)

pleb2013 said:


> If i follow your logic you mean the following allowable reason to evict:
> 
> "d. If the owner of the property wishes to sell the leased property."
> 
> ...


First off .. it's not MY logic ... nor is it MY suggestion. I am reading the LAW. Rental Increase Law No. 33 to be exact. I am reading the wordings from the law passed in Dubai and I am questioning what the RERA agent told one of the posters compared to what is written in writing. Perhaps I'm reading it wrong and it can be clarified to help all of us.

As far as your question on what the logic is behind this state of mind? I don't know - why you are trying to find logic behind any law here is beyond me. I gave up on that a long time ago.


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## pleb2013 (Nov 6, 2013)

pleb2013 said:


> If i follow your logic you mean the following allowable reason to evict:
> 
> "d. If the owner of the property wishes to sell the leased property."
> 
> ...


"the landlord can not give notice simply because he's selling - that's NOT one of the reasons allowed as per the law"

erm.. that was your assertion, not the text of the law YOU quoted ?
therefore making it YOUR logic

The text says the landlord can evict with 12 months notice if:
"If the owner of the property wishes to sell the leased property."

look up proposition versus assertion

I am PROPOSING that this clause may explain what the poster quoted two RERA officials as saying, thats all


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## sg1957 (Oct 26, 2013)

pleb2013 said:


> "the landlord can not give notice simply because he's selling - that's NOT one of the reasons allowed as per the law"
> 
> erm.. that was your assertion, not the text of the law YOU quoted ?
> therefore making it YOUR logic
> ...


Yes this is what I was clarifying . The landlord can give a notice to evict a tenant if he wants to sell the property ( wouldn't it be absurd if he couldn't?) BUT the tenant has to be given a registered eviction notice which gives him/her 12 months to vacate the property and the new tenancy contract ( valid for x months from the end of the current one in order to complete 12 months from the date on which he has sent the eviction notice ) will be transfered on to the new LL's name if and when it is sold. This is what the RERA people told me , as usual if you want clarity on the matter , better go to RERA yourself and ask 3 opinions and you choose the best of 3 lol


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## w_man (Apr 16, 2010)

pleb2013 said:


> "the landlord can not give notice simply because he's selling - that's NOT one of the reasons allowed as per the law"
> 
> erm.. that was your assertion, not the text of the law YOU quoted ?
> therefore making it YOUR logic
> ...


Oops! My mistake. I read that wrong. You're right. Carry on.....


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## harkybella (Jan 22, 2013)

Just thought this would make you laugh. LL agreed on an extra 12 months. New rent increased 17.5%!!!!!!! Even though he can't increase it till 2015. He's a rat!


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## Byja (Mar 3, 2013)

And you agreed on the rent increase?!
Obviously, he only wants to get rid of you so he can rent at higher price. Did you mention him RERA or Rent Committee?


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## harkybella (Jan 22, 2013)

We're giving him nothing. We gave him all the rera chat. He's just a snake. He will be hearing from rera!


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## snoopsi443 (Nov 17, 2013)

one of my dear friend is in the same fix... so you just go to RERA and they contact the LL?


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