Ask: I am within the second 12 months of my townhouse lease. On the finish of the primary 12 months of the contract, the owner wished to extend the hire, however he was unable to take action as a result of he had not given me three months’ discover.
Out of goodwill, I supplied him Dh5,000 ($1,361) in money upon renewal of the lease.
Just a few days later he despatched me a notarized letter with twelve months’ discover to maneuver. The owner stated he meant to promote the property and that it could be simpler to promote if consumers knew there have been no tenants on web site.
My second rental 12 months ends in October. The owner has despatched brokers with shoppers for viewings in latest months. Nevertheless, the sale has not but taken place.
After I inquired with one of many actual property brokers, I found that the owner has quoted an exorbitantly excessive worth, which makes the sale unlikely.
This has revived my suspicions that he’s utilizing the sale as an excuse to evict me so he can usher in new tenants and cost them the next hire than I pay.
Do I’ve a reputable case right here? If the sale isn’t accomplished by the top of October, does the owner have the appropriate to evict me and entice new tenants?
And if he manages to promote the property, can the brand new proprietor hire it to another person?
Because the eviction discover states that the owner wants me after twelve months as a result of he plans to promote the property, can he determine to maneuver in himself or can his member of the family transfer in?
Can I now let the owner know that I need to renew my lease in case he does not promote and in addition subtly inform him that I do know the legislation and he cannot hire once more for the subsequent two years? This fashion he’s absolutely conscious that he’s promoting the property or letting me keep. JL, Dubai
Reply: This drawback isn’t that unusual and one {that a} tenant ought to have in mind.
Landlords are restricted and at all times searching for inventive methods to make sure they’ll hire or promote a property when it’s vacant.
That being stated, I might advise the next. If you don’t submit a case to the Lease Disputes Committee, when the 12-month interval has expired and no purchaser has been discovered, you’ll sadly should vacate the property.
However it is very important keep knowledgeable concerning the standing of the house after your transfer.
The owner isn’t allowed to evict a tenant after which re-rent the property to a different tenant. They don’t seem to be allowed to re-rent the property for 2 years from the date of your eviction as the explanation for the eviction was sale.
In the event you discover out that this has occurred, you will have each proper to file a case with the RDSC for unfair eviction. Hopefully the choose will rule in your favor.
Dubai’s costliest home on the market for $204 million – in images
You possibly can declare compensation, which might quantity to 1 12 months’s hire and probably additionally prices.
You could be capable to show that the property was rented to a different tenant throughout the interval of two years after your eviction.
Because the property is a townhouse, you have to to get the safety employees in your facet as solely they’ll verify {that a} new tenant has moved in.
If this occurs, use this info (in writing if attainable) as proof when submitting a declare for damages with the RDSC.
If the owner doesn’t promote the property, he should give you the appropriate of first refusal to maneuver again into the unit.
The choice is that he himself or his shut family members within the first diploma can transfer in, however since this is able to be a unique cause than promoting, I think that the choose will ask the proprietor to ship a brand new discover stating the brand new cause.
It’s also vital to notice that if a purchaser is discovered and they’re an investor, they can’t ask you to vacate the property after which re-rent it. This isn’t allowed.
Mario Volpi is gross sales director at AX Capital. He has labored within the property sector for 39 years in London and Dubai. The opinions expressed don’t represent authorized recommendation and are offered for info functions solely. Be at liberty to ship your inquiries to m.volpi@axcapital.ae
Up to date: September 21, 2023, 4:15 AM
