Landlord is evicting me for renovation. When must he show proof? - Q&A - Legal Advice Middle East

Question

Q: At what point does the landlord need to have the attested Dubai Municipality report to show that the planned renovation makes the property uninhabitable? A: The landlord must, at the end of the 12-month notice period, file a lawsuit and submit documents to facilitate your eviction…

محمد درويش · Accepted Answer

Please note that this is a free consultation with a comprehensive answer to your question. In exchange for this service, I would appreciate following our LinkedIn page (Darwish Legal Consultants) and sharing this post on your main page allowing people to engage with the post and follow the firm. Please find the link here. Please find the detailed answer to your question, and happy to assist you with any legal matters related to your company or service, kindly contact me at my email. Given: The main question is as follows: 1. Question 1: What is the required timing for the landlord to provide an attested Dubai Municipality report to demonstrate that the planned renovations will make the property uninhabitable, considering the tenant has lived in the villa for 18 years and has not yet received such documentation? The Law: This legal framework is governed by the Dubai Law Regulating the Relationship between Landlords and Tenants in the Emirate of Dubai No. 26 of 2007 can be referred to as (the” Law”) Relevant Articles from the Law include: • Article 9: The landlord and tenant must determine the rental fee in the lease contract, and under all circumstances, the rental fee or any terms of the lease contract cannot be increased or amended until two full years have elapsed from the date of the establishment of the rental relationship for the first time. • Article 13: For the purpose of renewing the lease contract, the landlord and tenant may review the rental fee. If they fail to reach an agreement and it is necessary to extend the lease period, the committee responsible for lease extension and determining the equivalent rent may do so, taking into account the provisions of the Law. The committee shall determine the equivalent rent in accordance with the regulations, based on the criteria and rent allowances proposed by the establishment, considering the property's condition and the prevailing rent for similar properties in the same area. • Article 14: If either party of the lease contract wishes not to renew the contract or amend any of its terms, they must notify the other party of this at least ninety days before the contract expires unless the parties agree otherwise. • Article 29: The tenant has a priority right to return to the property in case the landlord demolishes and rebuilds it or renovates the property. The rental fee will be determined based on the provisions of the Law and subject to Article 13. • Article 25: Under the Law, a landlord can request the tenant's eviction for renovations if the property requires comprehensive maintenance that cannot be carried out with the tenant in residence. A technical report, validated by the Dubai Municipality, is necessary to confirm the property's condition. • RERA Regulations: The Real Estate Regulatory Authority (RERA) regulates tenancy matters in Dubai and plays a pivotal role in approving renovation plans, rental increases, and dispute resolution. Advice: 1. Question 1 • The questions do not specify the notice period given by the landlord to the tenant for the eviction related to maintenance. However, according to the law, the landlord should provide the attested Dubai Municipality report before issuing an eviction notice for renovations. In such a case, a 12-month vacating notice must be provided to the tenant through a notary public or registered post. This report is crucial to demonstrate that the planned renovations will make the property uninhabitable. Legally if you have not received the 12 months’ notice, you will be able to renew the contract and the tenant will serve you the notice that should have been served to you from the beginning. • Knowing that, if you are still interested in living in the property, you have the right under the law to return to the property and the rental fees shall be discussed according to the RERA calculations and to ascertain the value of the permitted increase according to state, age, and location of the property. • Additionally, despite that your landlord is required to follow the written agreement, which states that they won't significantly raise the property's rent for two years due to the improvements. However, this agreement is subject to RERA calculations, which determine the property's value based on factors like its age, condition, and location. • Even with the prior agreement, the landlord can still request a rent increase legally. According to the law, rent can be increased after two years from the initial rental agreement. Given that you've been in the property for 18 years, the landlord may request the standard rent increase not related to the improvements.

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