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I bought a tenanted unit, and it is sublet. Can I get compensation?

Dear Sir,

I bought a tenanted unit, and the tenancy contract was signed by one person. Shortly after, I found out that more people are living in the unit, and the tenancy contract doesn't allow subletting.

I contacted the phone number in the contract via WhatsApp, chatted with a woman, and highlighted the problem. She referred to the men living in my unit as "tenants."

At the end of our conversation, I learned that she is not my tenant. The tenant in my tenancy contract is a man, and I've received his Emirates ID from the previous owner.

He doesn't live in the unit, and the phone number and email address in the contract, given as his, are not his own. Is this legal? Is the contract still valid?

I would like to give my tenant an eviction notice because of subletting. I've found online that I have to give him a 30-day notice. Is that correct?

Is there any rental penalty for the breach of the contract? Can I get compensation for my legal costs?

Thanks!

متميز
دار الحقوق للاستشارات القانونية
دردشة توظيف
اجتماع
22 Jan 2024, 08:53

Dear Client,

Thanks for your question! I hope you are doing well. I will assist you in this matter.

The validity of your tenancy contract and the process for eviction due to subletting in the UAE depend on the specific terms of the contract, local rental regulations, and the circumstances.

If subletting is prohibited and a breach is confirmed, review the contract terms for penalties. Typically, you need to provide 12 months' notice for termination with a valid reason.

Legal cost recovery may depend on contract terms and laws.

Consult with us to assess your situation, understand your rights, and navigate the eviction process correctly, keeping proper documentation of communication and breaches.

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 be happy to help you.

Thanks & Regards,

ABDUL WAHIED

22 Jan 2024, 08:58

Thanks, Abdul for the quick reply!

The tenancy contract prohibits subletting.

Quick question: If the contact details on the tenancy contract do not belong to the tenant, how do you want to address the legal notice delivery?

How much would you charge to send the legal notice?

22 Jan 2024, 09:12

You can reach us via WhatsApp or email.

Note: Please contact us during office hours only.

Timings for office: 10:00 AM - 6:00 PM (Monday to Saturday).

متميز
أحمد حرب للاستشارات القانونية
دردشة توظيف
اجتماع
22 Jan 2024, 09:11

Hello,

The law does not specify a notice requirement before eviction due to a subletting. You can now resort to the RDC to file a case through an order on petition.

The execution officer will proceed to check the rental situation, and then you can file your lawsuit for eviction and the due rent until complete evacuation, fees, and expenses.

MK

22 Jan 2024, 10:07

Hi Ahmed,

Thanks for the quick reply!

If the contact details on the tenancy contract do not belong to the tenant, how do you want to address the legal notice delivery?

How much would you charge to send the legal notice?

22 Jan 2024, 10:39

The notices will be sent to the property premises, affixed to the door, in accordance with the procedures followed by the Dubai courts.

22 Jan 2024, 10:40

Contact us via phone or email for more details.

ليلى حمزة الملا محامون ومستشارون قانونيون
دردشة
توظيف
اجتماع
22 Jan 2024, 09:14

Dear Questioner,

Subletting without informing the landlord is illegal under Dubai rental law. So you can send him a notice for immediate eviction and you can terminate the contract as well.

Regarding compensation, we have to check the tenancy contract and will discuss all the possibilities to claim the money and procedure.

Share your WhatsApp number if you want to proceed with us.

22 Jan 2024, 10:08

My WhatsApp number is (......................).

ليلى حمزة الملا محامون ومستشارون قانونيون
دردشة
توظيف
اجتماع
22 Jan 2024, 09:34

Dear Questioner,

As per Dubai Rental Laws, if the tenant had sublet the property without prior written consent of the landlord, the landlord can evict both the tenant and subtenant.

You are required to serve a 30-day notice for evicting the tenants. We can file a compensation case against the tenant along with an eviction request before the court.

22 Jan 2024, 09:34

If you need our assistance in your matter, please share your WhatsApp number.

22 Jan 2024, 10:09

My WhatsApp number is (....................).

22 Jan 2024, 10:15

I will contact you shortly.

متميز
كي إتش إي للاستشارات القانونية
دردشة توظيف
اجتماع
22 Jan 2024, 09:40

Dear Questioner,

Subletting a property without informing the landlord is illegal under UAE rental law.

If the tenant did so, you can terminate the contract by sending a 30-day immediate eviction notice, and along with that, you can file another suit for damages and compensation for breach of contract.

It will be better if you hire a lawyer to handle these procedures.

We can provide you with the service as well.

Share your WhatsApp number if you want to proceed.

22 Jan 2024, 10:10

My WhatsApp number is (....................).

متميز
خليفة بن هويدان للمحاماة والاستشارات القانونية
دردشة توظيف
اجتماع
22 Jan 2024, 10:28

Dear user,

It is illegal for the tenant to sublet the unit without the landlord's written approval, and you can send an eviction notice prior to the expiration of the lease contract. The notice period is usually 30 days.

This is in accordance with Article 25 (1) (b) of Law No. 26 of 2007 Regulating the Relationship between landlords and tenants in the Emirate of Dubai.

22 Jan 2024, 20:43

Thanks for your reply!

However, I'm confused about this: "You can send an eviction notice prior to the expiration of the lease contract". The contract expires in October 2024. Why should I wait till September?!

متميز
أميري محامون ومستشارون قانونيون
دردشة توظيف
اجتماع
22 Jan 2024, 10:58

First, you need to prove that there are tenants.

If you can prove it, send the notification, and after 30 days, file a claim if the tenant did not evict the tenants. In the lawsuit, you can claim losses.

22 Jan 2024, 20:47

Thanks, Amiri for your reply!

What would be the way to prove that?

The tenancy contract is only for one person, but in the unit, there are 4 double beds, even in the storage room and the living room.

Admittedly, according to the contact person, there are 3 Chinese guys living there, probably more. Do I need an RDC report?

23 Jan 2024, 07:11

How will the judge be sure that there are 4 people in the apartment?

Yes, you have to prove it by a report from RDC, or the tenant confesses to you and admits by writing that there are other tenants, or any other way the judge makes sure, he does not judge based only on words.

متميز
جاسم علي الحداد للمحاماة والاستشارات القانونية
دردشة توظيف
اجتماع
22 Jan 2024, 13:41

Dear Questioner,

We are pleased to serve you and address your inquiries.

Upon reviewing your query, we suggest sending a legal notice for contract termination, including requests for eviction, rental reimbursement, and compensation, followed by the initiation of lawsuit proceedings.

If you need more information or you have any further clarification, we offer to provide complimentary consultations to assist you with your legal matters. This can be facilitated through a 15-minute online consultation session.

To schedule your consultation, kindly contact us via email, or contact our offices in Dubai or Sharjah.

We appreciate your understanding.

Jasim Al Haddad Law Firm

Legal Counsel and Consultations

Dubai

متميز
مكتب عبداللطيف العريض للاستشارات القانونية
دردشة توظيف
اجتماع
22 Jan 2024, 14:20

Dear Questioner,

Your situation certainly warrants a swift and strategic legal response. With 25 years of dedicated service in rental law, we are adept at handling cases just like yours.

In the last two months alone, we've managed ten similar cases, with three successful resolutions achieved just this week, underscoring our expertise.

Prompt action is crucial, and we're here to provide that. By reaching out to us, you’ll gain immediate access to a legal solution, free of charge for the initial advice. Our experience enables us to navigate through the complexities of rental disputes efficiently.

Our approach includes two vital steps: securing your property and addressing compensation. With our expert assessment, we aim to swiftly transition the property back into your hands and then pursue any due compensation for damages incurred, as well as legal costs.

Please do not hesitate to contact us. Let our quarter-century of experience work for you, ensuring that your case is handled with the utmost professionalism.

Your satisfaction with our services is our priority, and we would be grateful for your feedback. A "like" or positive comment on our reply not only boosts our profile but also helps us continue to provide high-quality legal assistance.

Awaiting your prompt communication to begin the process and restore your property rights.

Best regards,

Abdellatif Al-Areed

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