Properties on The Palm Jumeirah. A Dubai tenant is seeking advice on an eviction notice after his landlord decided to sell the flat.
Properties on The Palm Jumeirah. A Dubai tenant is seeking advice on an eviction notice after his landlord decided to sell the flat.
Properties on The Palm Jumeirah. A Dubai tenant is seeking advice on an eviction notice after his landlord decided to sell the flat.
Properties on The Palm Jumeirah. A Dubai tenant is seeking advice on an eviction notice after his landlord decided to sell the flat.

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UAE property: 'Can I negotiate the date of my eviction notice?'

The Dubai tenant's landlord has requested they move out of the flat as the property is being sold

Mario Volpi

September 15, 2022

  • English
  • Arabic

I currently have a lease agreement in place for an apartment on Palm Jumeirah, which is valid from January 1, 2022, to December 31, 2022.

On March 30, the landlord provided me with a notary public-attested eviction notice. He said the reason for the eviction was to sell the property.

The date of eviction — my last day to occupy the premises — is April 1, 2023, thus 12 months from the date the eviction notice is dated.

As per the law, the 12-month eviction notice period can only start from the date of the expiry of the current lease, so I believe the final eviction date should be December 31, 2023.

However, I understand that in some cases, practice now overrules the law and the landlord could be within his rights regarding the current eviction notice date.

I have tried to negotiate a compromise with the landlord and requested a three-month extension to vacate the premises by the end of June 2023.

I have even proposed that I pay a 5 per cent rent increase despite the Real Estate Regulatory Agency's rental index not allowing a rise. He agreed to this initially but has now walked away from the agreement.

What would be your advice? Is it is worth filing a case with the Rental Dispute Settlement Committee (RDSC)?

I have tried to do this online but it seems to be extremely confusing. For example, am I a claimant or defendant? The system also asks for the property owner's bank details, which, naturally, I do not have. JS, Dubai

To clarify your point, Law no 33 of 2008 states that the 12-month eviction notice should be served to a tenant upon expiry of the lease, thus giving them one more renewal in the property before having to vacate.

That said, some judges at the RDSC have allowed the notice period to be served at any time.

The only way you will find out if this notice will be upheld or rejected by the presiding judge of the day is if you file a case. Therefore, as you say, it may be within the landlord's right to request your eviction on April 1, 2023.

You clearly have done all that you can to request a three-month extension but it would appear that this has been ignored.

My advice now would be to sit tight and actually do nothing. Let the property be sold and when a buyer is found, you can then potentially renegotiate with them to stay in the flat.

______________

Dubai property apartment prices — August 2022 — in pictures

APARTMENT PRICES: Jumeirah: Dh2,082 per square foot — up 0.1 per cent in July, up 1.8 per cent in June, up 3.6 per cent in May, up 3.5 per cent in April. The National
APARTMENT PRICES: Jumeirah: Dh2,082 per square foot — up 0.1 per cent in July, up 1.8 per cent in June, up 3.6 per cent in May, up 3.5 per cent in April. The National
Downtown Dubai: Dh2,071 - up 1 per cent in July, up 0.3 per cent in June, up 0.5 per cent in May, up 0.7 per cent in April. Reuters
Downtown Dubai: Dh2,071 - up 1 per cent in July, up 0.3 per cent in June, up 0.5 per cent in May, up 0.7 per cent in April. Reuters
The Palm Jumeirah: Dh1,943 per square foot — up 1.5 per cent in July, down 4.2 per cent in June, up 4.2 per cent in May, up 4 per cent in April. Antonie Robertson / The National
The Palm Jumeirah: Dh1,943 per square foot — up 1.5 per cent in July, down 4.2 per cent in June, up 4.2 per cent in May, up 4 per cent in April. Antonie Robertson / The National
DIFC: Dh1,684 per square foot — up 0.3 per cent in July, down 0.5 per cent in June, up 2.5 per cent in May, up 1.2 per cent in April. Jeff Topping / The National
DIFC: Dh1,684 per square foot — up 0.3 per cent in July, down 0.5 per cent in June, up 2.5 per cent in May, up 1.2 per cent in April. Jeff Topping / The National
Mohammed bin Rashid City: Dh1,551 per square foot — up 1.3 per cent in July, up 1.9 per cent in June, up 2.3 per cent in May, down 0.2 per cent in April. Satish Kumar / The National
Mohammed bin Rashid City: Dh1,551 per square foot — up 1.3 per cent in July, up 1.9 per cent in June, up 2.3 per cent in May, down 0.2 per cent in April. Satish Kumar / The National
Dubai Hills: Dh1,537 per square foot — up 1.7 per cent in July, up 1.6 per cent, up 2.7 per cent in May, up 0.3 per cent in April. Photo: Emaar Malls Management
Dubai Hills: Dh1,537 per square foot — up 1.7 per cent in July, up 1.6 per cent, up 2.7 per cent in May, up 0.3 per cent in April. Photo: Emaar Malls Management
Business Bay: Dh1,469 per square foot — down 1.4 per cent in July, down 2.2 per cent in June, up 1.3 per cent in May, up 1.7 per cent in April. Sarah Dea / The National
Business Bay: Dh1,469 per square foot — down 1.4 per cent in July, down 2.2 per cent in June, up 1.3 per cent in May, up 1.7 per cent in April. Sarah Dea / The National
Jumeirah Beach Residence: Dh1,400 per square foot — down 0.8 per cent in July, down 2.8 per cent in June, down 1.0 per cent in May, down 2.2 per cent in April. Photo: LuxuryProperty.com
Jumeirah Beach Residence: Dh1,400 per square foot — down 0.8 per cent in July, down 2.8 per cent in June, down 1.0 per cent in May, down 2.2 per cent in April. Photo: LuxuryProperty.com
Dubai Marina: Dh1,418 per square foot — up 2.3 per cent in July, up 1.8 per cent in June, down 0.3 per cent in May, down 0.7 per cent in April. Victor Besa / The National
Dubai Marina: Dh1,418 per square foot — up 2.3 per cent in July, up 1.8 per cent in June, down 0.3 per cent in May, down 0.7 per cent in April. Victor Besa / The National
The Greens and The Views: Dh1,107 per square foot — up 2.4 per cent in July, up 1.2 per cent in June, down 2.5 per cent in May, down 0.6 per cent in April. Sarah Dea / The National
The Greens and The Views: Dh1,107 per square foot — up 2.4 per cent in July, up 1.2 per cent in June, down 2.5 per cent in May, down 0.6 per cent in April. Sarah Dea / The National
Jumeirah Lakes Towers: Dh1,022 per square foot — up 1.7 per cent, down 0.9 per cent in June, up 3.1 per cent in May, down 1.1 per cent in April. Antonie Robertson / The National
Jumeirah Lakes Towers: Dh1,022 per square foot — up 1.7 per cent, down 0.9 per cent in June, up 3.1 per cent in May, down 1.1 per cent in April. Antonie Robertson / The National
Damac Hills: Dh1,023 per square foot — up 2.1 per cent, up 0.4 per cent in June, up 2.1 per cent in May, down 0.7 per cent in April. Pawan Singh / The National
Damac Hills: Dh1,023 per square foot — up 2.1 per cent, up 0.4 per cent in June, up 2.1 per cent in May, down 0.7 per cent in April. Pawan Singh / The National
Jumeirah Village Circle: Dh916 per square foot — up 0.5 per cent in July, up 1.2 per cent in June, up 0.4 per cent in May, up 0.1 per cent in April. Razan Alzayani / The National
Jumeirah Village Circle: Dh916 per square foot — up 0.5 per cent in July, up 1.2 per cent in June, up 0.4 per cent in May, up 0.1 per cent in April. Razan Alzayani / The National
Town Square: Dh853 per square foot — up 0.9 per cent in July, down 1.9 per cent in June, up 0.4 per cent in May, down 1.9 per cent in April.
Town Square: Dh853 per square foot — up 0.9 per cent in July, down 1.9 per cent in June, up 0.4 per cent in May, down 1.9 per cent in April.
Motor City: Dh641 per square foot — down 1.8 per cent in July, down 2.5 per cent in June, up 0.8 per cent in May, down 0.7 per cent in April.
Motor City: Dh641 per square foot — down 1.8 per cent in July, down 2.5 per cent in June, up 0.8 per cent in May, down 0.7 per cent in April.
Dubai Silicon Oasis: Dh612 per square foot — up 1.8 per cent in July, up 3.6 per cent in June, down 2.9 per cent in May, down 0.7 per cent in April. Chris Whiteoak / The National
Dubai Silicon Oasis: Dh612 per square foot — up 1.8 per cent in July, up 3.6 per cent in June, down 2.9 per cent in May, down 0.7 per cent in April. Chris Whiteoak / The National
Dubai Sports City: Dh609 per square foot — up 0.5 per cent, up 3.0 per cent in June, down 3.9 per cent in May, down 1.1 per cent in April. Reem Mohammed / The National
Dubai Sports City: Dh609 per square foot — up 0.5 per cent, up 3.0 per cent in June, down 3.9 per cent in May, down 1.1 per cent in April. Reem Mohammed / The National
Discovery Gardens: Dh511 per square foot — down 0.8 per cent in July, down 1.8 per cent in June, up 0.3 per cent in May, down 2.2 per cent in April. Pawan Singh / The National
Discovery Gardens: Dh511 per square foot — down 0.8 per cent in July, down 1.8 per cent in June, up 0.3 per cent in May, down 2.2 per cent in April. Pawan Singh / The National
International City: Dh450 per square foot — up 2 per cent in July, up 0.9 per cent in June, down 0.5 per cent in May, down 0.6 per cent in April. Antonie Robertson / The National
International City: Dh450 per square foot — up 2 per cent in July, up 0.9 per cent in June, down 0.5 per cent in May, down 0.6 per cent in April. Antonie Robertson / The National

If the new buyer is an investor, they actually cannot evict you and then re-let the property. However, if the new buyer wants to move into the property and you wish to contest your original eviction date, you can file a case at the RDSC because some judges may request that the new buyer sends you their own 12-month notice to vacate.

If this is the case, you should be able to remain in the property for a much longer time than was originally set.

I read your recent article regarding the late handover of a project and have a similar situation.

I booked an apartment in Dubai in 2015 and was given a completion date of 2019. However, to date, the developer has yet to complete the project and I have suffered financially as I have already paid the 70 per cent as per the sales and purchase agreement.

The 30 per cent balance is due on handover. Can you suggest how I can claim compensation from the developer and what is the best way forward for a person in my situation? MS, Dubai

Despite the fact that developers have a permissible buffer of a 12-month delay on their projects, further delays often take place due to a variety of reasons.

Given this, it is likely that with the allowed delay of 12 months, this particular project was most likely affected by the Covid-19 pandemic.

Although I am not defending or making excuses for the developer, it is possible that because of the events of the past, the developer encountered a situation that obviously then translated into the handover delay you now face.

My advice is to try to communicate as much as possible with the developer directly to see if an agreement can be reached.

If you are not satisfied with any compensation that may be offered (or not), then your only other option would be to file a court case.

I would stress that you think about this very carefully because taking a developer to court is not an easy task and would take time, money and a great deal of effort, while the outcome is also not known.

Mario Volpi is the sales and leasing manager at Engel & Volkers. He has worked in the property sector for more than 35 years, in London and Dubai. The opinions expressed do not constitute legal advice and are provided for information only. Please send any questions to mario.volpi@engelvoelkers.com

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Number of tracks: 10

Rating: 3/5

Farasan Boat: 128km Away from Anchorage

Director: Mowaffaq Alobaid 

Stars: Abdulaziz Almadhi, Mohammed Al Akkasi, Ali Al Suhaibani

Rating: 4/5

Main report
THE BIO

Born: Mukalla, Yemen, 1979

Education: UAE University, Al Ain

Family: Married with two daughters: Asayel, 7, and Sara, 6

Favourite piece of music: Horse Dance by Naseer Shamma

Favourite book: Science and geology

Favourite place to travel to: Washington DC

Best advice you’ve ever been given: If you have a dream, you have to believe it, then you will see it.

E-cigarettes report
Specs

Engine: Dual-motor all-wheel-drive electric

Range: Up to 610km

Power: 905hp

Torque: 985Nm

Price: From Dh439,000

Available: Now

Paris Can Wait
Dir: Eleanor Coppola
Starring: Alec Baldwin, Diane Lane, Arnaud Viard
Two stars

UAE tour of the Netherlands

UAE squad: Rohan Mustafa (captain), Shaiman Anwar, Ghulam Shabber, Mohammed Qasim, Rameez Shahzad, Mohammed Usman, Adnan Mufti, Chirag Suri, Ahmed Raza, Imran Haider, Mohammed Naveed, Amjad Javed, Zahoor Khan, Qadeer Ahmed
Fixtures and results:
Monday, UAE won by three wickets
Wednesday, 2nd 50-over match
Thursday, 3rd 50-over match

Lexus LX700h specs

Engine: 3.4-litre twin-turbo V6 plus supplementary electric motor

Power: 464hp at 5,200rpm

Torque: 790Nm from 2,000-3,600rpm

Transmission: 10-speed auto

Fuel consumption: 11.7L/100km

On sale: Now

Price: From Dh590,000

The design

The protective shell is covered in solar panels to make use of light and produce energy. This will drastically reduce energy loss.

More than 80 per cent of the energy consumed by the French pavilion will be produced by the sun.

The architecture will control light sources to provide a highly insulated and airtight building.

The forecourt is protected from the sun and the plants will refresh the inner spaces.

A micro water treatment plant will recycle used water to supply the irrigation for the plants and to flush the toilets. This will reduce the pavilion’s need for fresh water by 30 per cent.

Energy-saving equipment will be used for all lighting and projections.

Beyond its use for the expo, the pavilion will be easy to dismantle and reuse the material.

Some elements of the metal frame can be prefabricated in a factory.

 From architects to sound technicians and construction companies, a group of experts from 10 companies have created the pavilion.

Work will begin in May; the first stone will be laid in Dubai in the second quarter of 2019. 

Construction of the pavilion will take 17 months from May 2019 to September 2020.

MATCH INFO

Iceland 0 England 1 (Sterling pen 90 1)

Man of the match Kari Arnason (Iceland)

Zayed Sustainability Prize
Plastic tipping points
Jumanji: The Next Level

Director: Jake Kasdan

Stars: Dwayne Johnson, Kevin Hart, Karen Gillan, Jack Black, Nick Jonas 

Two out of five stars 

RESULT

Valencia 3

Kevin Gameiro 21', 51'

Ferran Torres 67'

Atlanta 4

Josip Llicic 3' (P), 43' (P), 71', 82'

Updated: September 15, 2022, 4:00 AM`
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