Question: I have been renting an apartment in Abu Dhabi for a year now. My current lease expired last week, but nobody from the property management company has contacted me to renew it.
I believe the law stipulates that lease renewal is normally agreed upon three months ahead of expiry.
Despite sending many emails to the company that represents the landlord, nobody is replying to my emails.
I am worried about whether I will be evicted or forced to pay a higher rent. What are my options? I want to continue living in this apartment. GG, Abu Dhabi
Answer: Your landlord has to inform you, 60 days before your tenancy expires, of any changes to the rent.
Given no active communication has happened despite your emails being sent, the landlord cannot increase the rent now, even if he wanted to.
A rental contract automatically renews under the same terms and conditions as before, unless otherwise stated and, given there are none, you have the right to continue to live in the property for one more year at least, on the same rent and conditions as agreed previously.
Q: A notarised eviction warning has been issued by a landlord to a renter based on Article 25 (2) (C) of Dubai Law no. 33/2008.
However, there has been a change in the ownership of the residential property whereby the new landlord happens to be a first-degree relative of the previous owner.
In the above situation, does the eviction warning from the previous landlord remain valid and enforceable notwithstanding the property’s change of ownership?
If such an eviction warning remains valid, does it require a court order to be enforceable?
Also, broadly speaking, should eviction notices falling under Article 25 (2) of Dubai Law 33/2008 be bound by the statutory 90-day period of Article 14 of the same law or otherwise? AT, Dubai
A: The reason for eviction in the first case would have to be different from the reason for eviction in any second or subsequent situation.
In this case, should a tenant challenge the eviction notice, some judges at the Rent Dispute Settlement Committee have found favour with the tenant and may request the second owner to send their own 12-month notarised eviction notice.
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To explain this further, presumably, the first eviction notice was sent for the reason of selling and the relative that went on to buy the property probably wants to move in now.
In this scenario, the reason for eviction has changed, so there is a strong chance that the RDSC would request the new owner to send their eviction to get you to vacate.
I stress that this scenario is not set in stone but entirely up to the judge of the day at the RDSC.
Regarding your last point, these eviction notices ought to be served upon the expiry of the tenancy contract, perhaps a few days or a week earlier.
However, some judges at the RDSC have allowed the notice to be served at any time.
The right answer you're looking for will be determined if you challenge the notice and file a case at the committee for a judge to decide on your case.
Mario Volpi is the sales director at AX Capital. He has worked in the property sector for 39 years in London and Dubai. The opinions expressed do not constitute legal advice and are provided for information only. Please send any questions to m.volpi@axcapital.ae
