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We were served a legal notice to evict our property for personal use. Can we claim compensation?
We were served a legal notice to evict our property as the landlord wanted to use the property for his personal use. This ended in 8 September.
We shared an email 3 weeks before our eviction, stating that we did not want to move out and if we could stay, and we are only moving out to follow the law.
The neighbors told us that agents have been hosting visits to the property.
Today, the landlord has emailed me and said his circumstances have now changed and he has offered us the property back.
I believe this is a tactic and he will be renting the property out soon. His reasons are due to circumstances that started for him in May, so our email 3 weeks before the eviction was more than enough time for him to raise this to us.
In this case, should we decline to move back in (we have already moved and incurred huge costs and lifestyle changes to fit the new location), and the property is then rented out within 2 years, would we still be able to claim compensation?
If he offered you the property for rent before asking to a third party, then your rights are protected.
And if you want to file a compensation case, we need some more details to advise you regarding the possibility.
We will discuss all these in detail on a legal consultation session for a charge of 28$.
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Under the UAE law, tenants are entitled to compensation if they are evicted from a property for the landlord's personal use and the property is then rented out within two years of the eviction.
If the landlord has offered you the property back and you have declined, you may still be able to claim compensation if you can prove there is a major cost incurred by you due to moving out of the property.
Good Morning
You have to inform the landlord that you can’t move back because you have already incurred a huge cost and and that you still reserve your legal right to claim for compensation.
Then if the property is rented out within 2 years, you will have a legal ground to claim for compensation.
For more clarification and support, you can contact our legal consultant by phone.
Kinf regards
If the property is vacated based on the landlord's notice for personal use and in accordance with Article 25/2/J, they are not allowed to lease it to others until two years have passed for residential properties.
This period is calculated from the date the tenant returns possession of the property. Otherwise, the tenant has the right to request fair compensation according to Article 26.
Regarding exercising the right of priority mentioned in Article 29 of the law, which refers to notifying the landlord of the return to the property and the tenant exercising their right within 30 days of notification, it applies specifically when the landlord demolishes and rebuilds the property, and does not apply when vacating for personal use.
Therefore, after incurring the expenses of relocation and completely changing your life, the landlord cannot dictate your return, and if it becomes evident that they are re-leasing the property, you have the right to file a compensation claim against them.
Dear Client,
Thanks for your question, I hope you are doing well. I will definitely assist you in this matter.
If you decline the landlord's offer to move back in and the property is subsequently rented out within 2 years, you may still have a basis to claim compensation.
However, it's essential to document all correspondence and interactions with the landlord, including the email exchanges.
For any further legal assistance, you can WhatsApp us. We have an extensive team of knowledgeable and experienced lawyers to provide the legal assistance you need.
We will definitely be happy to help you.
Thanks & Regards
ABDUL WAHIED
