أسئلة وأجوبة
What are my rights if renting without Ejari and the owner wants me out in 2 months to sell?
Dear Sir/Madam,
I rented a flat in 2020 with Ejari through an agent, and the next year, in 2021, the owner decided to deal directly with me but without Ejari.
I went to RERA, and they said there was a case on the flat and I had to contact the owner. Now, after 4 years, the owner is asking me to evict the flat in 2 months as he is going to sell it.
He even increased the rent last year. What are my rights?
Dear Questioner,
The law says that only the new owner has the right to evict the tenant, but with the following process:
The old owner needs to send you a legal notice for eviction, and then the new owner needs to give another notice with the same dates as the old one to emphasize the same.
Conclusion:
If you did not receive any legal notice from both of them, then don't evict. In general, do not evict unless there is a court judgment.
Please contact our office manager at his mobile number, [------].
Welcome,
According to the law, the owner cannot sell the unit unless he sends you a legal notice and gives you 12 months to vacate and the sale is serious.
To obtain free legal advice that includes all the details, kindly contact us.
Dr. Mohamed Allam
Doctorate in Public Law
Head of the Litigation and Arbitration Department at Wafaa Al Hosani Advocates and Legal Consultations
Certified legal advisor in the Dubai Government Legal Affairs Department
Dear Questioner,
The owner has to provide Ejari, even after it has expired.
If there was no formal eviction notice sent by a Notary Public, then the owner cannot evict you within 2 months based on the information provided.
You do have tenant rights and can enforce them by contacting us at [-----] (Mobile/WhatsApp) or via email at [------]. We can help you.
Dear questioner,
You are staying without Ejari, so both parties have consequences due to this in terms of enforcing their rights.
However, you can negotiate with your landlord regarding the duration as well.
To discuss this matter further, please share your WhatsApp number.
The landlord does not have the right to evict you from the unit within two months.
So please contact us on phone number [------] so that we can help you.
Dear Questioner,
In the United Arab Emirates (UAE), tenants have rights that are protected by law, even if they do not have an Ejari contract in place.
Here are some key points to consider in your situation:
1. Contractual Agreements and Legal Documentation:
It is essential to review any existing rental agreements, communication with the owner, and any other relevant documentation related to your tenancy.
Even without an Ejari contract, verbal agreements or written communications can still be considered legally binding.
2. Notice Period for Eviction:
In the UAE, landlords must provide tenants with a notice period before asking them to vacate the property.
The notice period typically ranges from 12 months to 90 days, depending on the circumstances and type of property.
3. Rental Increase Regulations:
Landlords in Dubai are required to follow specific guidelines when increasing rent.
The Real Estate Regulatory Agency (RERA) sets limits on how much rent can be increased based on various factors such as market rates and the Rent Index.
4. Dispute Resolution with RERA:
If there is a dispute between you and the owner regarding eviction or rental increases, you can file a complaint with RERA for mediation and resolution.
RERA plays a crucial role in regulating the real estate sector in Dubai and protecting the rights of both landlords and tenants.
5. Seeking Legal Advice:
If you believe that your rights as a tenant are being violated, it may be advisable to seek legal advice from a qualified lawyer specializing in real estate law.
A legal professional can help you understand your options, assess your rights under UAE law, and represent you in any legal proceedings if necessary.
6. Negotiation with the Owner:
It may also be beneficial to engage in open communication with the owner to discuss possible solutions or extensions to the eviction timeline.
Negotiating terms directly with the owner could potentially lead to a mutually agreeable outcome without resorting to legal action.
7. Compliance with Legal Procedures:
As a tenant, it is important to ensure that you comply with all legal procedures and requirements during this process.
Failure to adhere to legal obligations could result in penalties or complications that may affect your rights as a tenant.
8. Consultation with Authorities:
If you encounter difficulties or uncertainties regarding your rights as a tenant, consider consulting relevant authorities such as RERA or legal experts for guidance and clarification.
9. Final Considerations:
Each case is unique, and outcomes may vary based on individual circumstances and legal interpretations.
Understanding your rights as a tenant under UAE law is crucial for protecting yourself during tenancy disputes or eviction processes.
