أسئلة وأجوبة
Is it worth filing a case for compensation if the landlord evicted me and did not sell?
My landlord has asked us for a 33% rent increase and I responded by informing him that according to Dubai law, the maximum rental increase he can impose on me is 20%.
He then replied back and gave me 24 hours to respond and agree to the 33%, or else he will evict me (all communications have been done through email).
2 days later, I received a 12 months eviction notice through the notary. The eviction said it was for the reason of selling his property.
Fast forward, I moved out at the end of the 12 months. Then less than 2 months later (48 days later), he rented the property to another tenant for a higher price (I have managed to obtain a copy of the Ejari of the new tenant).
My question is:
Is it worth it to go to the RDC and file a case?
Or is this a gray area in the Dubai rental law, and there is a chance that the judge won't order the landlord to pay any compensation?
Please let me know what is the success probability here.
Dear inquirer,
Your question consists of two parts,
The first part relates to the permissible rent increase in Dubai Emirate, and the response is as follows:
According to Article 13 of Law No. 26 of 2007, as amended by Law No. 33 of 2008, regarding the regulation of the relationship between landlords and tenants of properties in Dubai, for the purpose of renewing the lease contract, the landlord and tenant may modify any of the contract conditions or review the rent allowance, whether by increase or decrease.
If they do not reach an agreement, the Rent Determination Committee shall consider the criteria stipulated in Article 9 of this law.
Article 14 of the same law states that if either party wishes to modify any of the lease conditions in accordance with Article 13 of this law, they must notify the other party of this at least ninety days before the end of the contract.
The committee, according to the law, has the right to determine the fair rent if no agreement is reached, taking into account the criteria set by the institution, the general economic situation in the Emirate, the condition of the property, the prevailing rent in the similar real estate market in the same area, and any applicable legislation in the Emirate regarding property rentals, as well as any other factors deemed appropriate by the committee.
Please note that the rent increases are as follows:
1- No increase in the rental value of the unit if its rent is less than 10% of the average rent.
2- 5% of the rental value of the unit if its rent is less than 11% to 20% of the average rent.
3- 10% of the rental value of the unit if its rent is less than 21% to 30% of the average rent.
4- 15% of the rental value of the unit if its rent is less than 31% to 40% of the average rent.
5- 20% of the rental value of the unit if its rent is less than 40% of the average rent.
Regarding the second part, which pertains to an eviction notice sent by the landlord requesting your eviction after 12 months for the purpose of selling the property, the following applies:
The landlord has the right to file an eviction lawsuit against the tenant for the purpose of selling the property, provided that a 12-month notice is given.
However, the landlord must present evidence supporting their claim, demonstrating the validity of their intention to sell the property and the existence of genuine prospective buyers.
If the tenant vacates the property at the end of the specified period and subsequently discovers that the landlord has re-rented the property, the tenant has the right to file a claim for compensation for any damages incurred.
There have been multiple rulings issued by the Rental Disputes Settlement Committee regarding this matter.
It is worth it to go to the court. But the judge will consider if this affected you financially or not.
For example, you had to go rent at a higher price. and moving expenses etc.
You have the right to file a compensation case, and no lawyer (who respects his work) will tell you that winning the case is 100% guaranteed, but these cases are (often) won by the former tenant.
Hi
You can file a complaint with the RDC and the tribunal shall investigate and provide the appropriate compensation.
