Question: I received an eviction notice in December 2023 from my landlord through Dubai Courts. But it was sent by SMS from Dubai Courts.
Is it sufficient for my landlord to have the notice sent by SMS? Is that a common thing or does there need to be a physical notice sent to me? AR, Dubai
Answer: Any notification of eviction must follow the law. The law states that an eviction notice must be sent in one of two ways only, either through notary public or registered mail.
Any other means of communication such as SMS, WhatsApp, email or verbal, is not valid.
Therefore, you can assume that the SMS notification is not valid and you can carry on with your business.
Q: I rented an apartment on June 27, 2024, and paid the agency fees (Dh4,400), deposit (Dh4,200), and six months of rent in two cheques (Dh84,000).
I transferred the electricity, water, internet, etc, to the new apartment in Abu Dhabi.
However, I realised there is a significant pest infestation in the unit and asked the landlord for fumigation before moving in. He claimed that he fumigated on July 3, 2024, and handed me the apartment keys on July 4, 2024.
When I went to the apartment, there were many cockroaches and droppings in the room skirts, bedroom, AC units and all the cabinets. I used pest spray to kill them, thinking it would solve the problem.
But the problem persisted. I contacted pest control experts and learnt that there is a heavy infestation, and it will take six weeks to control it. It requires weekly fumigation.
I do not have time to wait six weeks for the issue to be resolved.
I called the landlord of the rented apartment and explained the situation and asked to return my money and allow me to look for a new place. He told me that he will not cancel the agreement, he will not compensate for my extended lease for a month with my current landlord, but he would perform additional fumigation and give me one extra month free for this rented unit.
However, I no longer trust him or his management company, and I have learnt that the cockroach infestation is a building-wide problem.
I decided to cancel my lease agreement. I talked to the landlord's management company and they said they will charge the agency fee and two months of rent.
I feel betrayed and this situation is not right. Is there anything I can do? BZ
Answer: In your case, resolving the issue is all about patience, understanding and a bit of tolerance, allow me to explain.
You signed the tenancy contract in good faith without realising there was a pest control issue. Obviously I’m not aware if the landlord knew of this issue too, so I must assume he didn’t. The solution is in place in terms of the time it will take to resolve but, as you say, you don’t want to go through this procedure of weekly fumigation to eradicate the problem.
A tenant pays rent to a landlord for what is legally known as “quiet enjoyment” of a property and clearly this clause is not being fulfilled for you.
You really do not have many options to play with, either you convince the landlord to reduce or waive the standard penalty charges issued or you file a case at the Abu Dhabi rental dispute centre and wait to see what the judge will decide in your case. To do so will cost 3.5 per cent of the rental amount (the same as it is in Dubai).
Alternatively, you put the whole situation down to experience, accept the situation and move on.
Mario Volpi is head of brokerage at Novvi Properties and 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 mario@novviproperties.com
