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“Can a landlord give an eviction notice before the lease expires?”

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i live in a villa in dubai The owner sold the property In the seventh month of my lease.

The new owner wants to own the villa and live in it with his family.he Sent me a notarized eviction notice Move out of the property within 12 months.

As you stated in your previous column for The National, 12 months notice to evict a tenant should be served Expiration of previous leaseaccording to Law No. 26 of 2007 and Law No. 33 of 2008 as amended, which regulate the relationship between landlords and tenants.

My understanding is that tenants should receive an eviction notice at the same time they receive a copy of the new lease contract.

You also mentioned that some judges of the Rental Dispute Resolution Board (RDSC) allow this notice to be served at any time. What does the law say? What are my rights as a tenant? I want to stay in my current villa for as long as possible. yes, dubai

This The law clearly defines when an eviction notice should be servedbut what happens is that, over time, there will be changes based on the judge’s decision in the RDSC.

In your case, the new owner will have to extend your current tenancy contract on renewal as there are five months left before the 12 month notice expires.

When the owner himself or his immediate family gives notice to use the property, they must prove an additional detail. They must declare that they do not own other property that can be used instead.

Therefore, please contact your current owner to request confirmation. You can also check at the Dubai Land Department (DLD) for clarification.

You can challenge your eviction notice if the landlord owns another property. However, if the new landlord has no other suitable property, you must vacate the property at the end of the 12 months’ notice.

I live in Dubai and have received a renewal notice from my landlord for a 54% increase in rent.

The landlord increases the rent based on the DLD’s rent appraisal certificate. Is this legally valid? EN, Dubai

Unfortunately, there doesn’t seem to be any more information Because I wrote a column on this topic before.

The DLD’s paid appraisal cites a correct figure, but my understanding is that it focuses on vacant properties, not the rental appraisal in the existing tenancy agreement.

There is a large gap between the rental valuation of a vacant unit and the rental valuation of the tenant when they were in place. This stems from the protection afforded to tenants by the real estate regulator’s rent calculator.

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In some cases, landlords utilizing DLD valuation services have received higher rents from tenants, but only because the latter now understand that they need to be closer to the landlord’s point of view than the law dictates.

Landlords use these valuations as a bargaining tool and guide to potentially show existing tenants that they may be paying below-market rent.

These valuations have not yet been used to rubber-stamp the quoted values. You still have the right to object through the RDSC. However, the outcome will be decided by a judge.

Mario Volpi is Sales and Rental Manager for Engel & Volkers. He has been in the real estate industry for over 35 years in London and Dubai. The opinions expressed do not constitute legal advice and are provided for informational purposes only.Any questions please send to mario.volpi@engelvoelkers.com

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WATCH: Lockdown fuels property search boom in Dubai

Updated: 10/13/2022 4:00am



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