UAE property: 'How can I challenge an eviction notice I didn't receive?'

Question: I was served a notice to renew my tenancy, but the landlord never responded.

Instead, three weeks later, my company told me that an eviction notice naming me had been registered with Dubai Courts.

My public relations officer received a text message with a link to a document from Dubai Courts, headed “e-notary” and said it was an eviction notice.

I never received a text message or email from either Dubai Courts, the landlord or the landlord's agent providing me with a copy of the document or a link to it.

This document was also not delivered to me in person through a notary or by registered mail.

Considering these circumstances, is the eviction notice valid or can I dispute it at the Rental Dispute Settlement Committee? LK, Dubai

Answer: According to law 33 of 2008, which governs the relationship between landlords and tenants, the only way to correctly serve a 12-month eviction notice is through notary public and/or registered mail.

When delivered by registered mail, the notice is typically pasted on the door of the property and this is deemed delivered by the courts.

Presumably, you are the tenant, so I’m not sure why your PRO, who I presume is not mentioned in your tenancy agreement, received this notification link.

I’m not aware of any changes in the delivery process for eviction notices, but given Dubai is proceeding with a paperless strategy, this could be valid.

My only concern is that you have not received any notification yourself, so I would recommend challenging this notice through the RDSC in Deira to clarify its validity.

Question: I am a landlord and the Ejari contract for my rental property has expired.

The tenant agreed verbally and through WhatsApp that he would vacate the apartment by the end of December, although the contract had expired on December 5.

Then he promised to move out by the end of January and agreed to pay the rent for 47 days at the beginning of January.

However, he hasn’t paid the rent and only makes promises regarding payments. What should I do? PS, Dubai

Answer: Assuming the tenant eventually vacates, your question then goes to what to do if he doesn't pay the extra days he overstayed.

This will be up to you and the economics of filing a case, as I’m not aware of the rent amount.

I’m not sure what the rent for an additional 47 days would total, but to file a case at the RDSC will cost 3.5 per cent of the rental amount.

Presumably, you still have the deposit with you. After any deductions for repairs or maintenance that the tenant is responsible for, you can determine whether to write off this amount for overstaying or press ahead with filing a case.

You are owed the overstay rent, but there are times when you may have to cut your losses and move on.

If you are reletting the property, one would hope that you can make up some of the losses with the vacant rental price as the market risen in recent years.

Mario Volpi is the sales director at AX Capital. He has worked in the property sector for 40 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