Evicted for sale, but the landlord re-rented with a 40% rent increase—can I take legal action?

Dear Questioner,

You can file a case related to the landlord’s alleged misuse of the eviction notice. This would typically fall under a complaint against unfair practices or misuse of eviction.

File a case with the RDC and provide all relevant evidence, including the eviction notice, new rental information, and any correspondence.

You can also claim compensation from the landlord.

For further clarification, kindly drop your WhatsApp number.

Hello,

Thank you for reaching out!

You can file a compensation claim for the material and moral damages you have suffered, and this is the approach followed by the Rental Disputes Center (RDC).

According to a Dubai Court of Cassation Ruling:

Liability is only established when its elements of fault, damage, and a causal relationship between them are present. If any of these elements cease to exist, liability also ceases. The burden of proof lies on the creditor to prove the debtor's fault for failing to perform his contractual obligations, breaching them, or delaying in their performance, as well as proving the damage that occurred and its extent. Contractual liability is not established unless these two elements are present in addition to the presumed causal link between the fault and the damage, which the debtor cannot avoid unless he proves force majeure, an external cause, or the fault of the creditor or the act of a third party.

Additionally;

The trial court has full authority to gather and understand the facts of the case, examine and evaluate the evidence and documents presented therein, and rely on what it deems credible while disregarding what it does not. The court also has the authority to interpret contracts, declarations, and other documents in a manner that it considers more faithful to the intention of the parties or stakeholders and to derive the fault that necessitates liability, the resulting damage, the causal relationship between them, and the extent of the injured party's entitlement to compensation. (Dubai Court of Cassation Ruling).

Based on the above legal principles, if the landlord formally evicted you through a properly served legal notice and then rented the property to others at a higher price, the court is likely to award you appropriate compensation.

This compensation is usually determined by the court based on the difference in rent between the old and new properties, the expenses incurred in moving, and the psychological and emotional distress experienced by you and your children, if applicable.

Please do not hesitate to reach out for further assistance or clarification at [-------].

Thank you for reaching out!

In your case, it seems the landlord may not have adhered to the correct legal procedure regarding your eviction.

If the landlord evicted you under the pretense of selling the property but then rented it out with a significant rent increase, this could potentially be a misuse of the eviction process.

You’re correct that filing a case with the Rental Dispute Center (RDC) could be a valid option. The case type you'd likely file would be for "Unlawful Eviction" under the Dubai Rental Law, particularly if the landlord did not meet the requirements for eviction, such as genuinely selling the property.

I would strongly recommend discussing the specifics of your case in detail so we can determine the best course of action.

Feel free to reach out to me directly via WhatsApp or phone at [-------] to explore how we can address this and help you take the appropriate steps.

Best regards,

Suhail Rana

Greetings,

Yes, you can file a lawsuit to terminate the lease contract and oblige the landlord to compensate you or vacate the property in your favor.

We are honored to provide you with legal support.

For further inquiries about your topic, you can come to our office or contact us via phone, WhatsApp, or email.

Dear Questioner,

Yes, we can file a suit in the RDC to claim compensation from the landlord for illegally evicting you from the property. We will provide you with the detailed procedures.

Kindly share your WhatsApp number if you wish to proceed with our services.

Compensation case.

In such cases, it is common for the court to rule in favor of the former tenant for the difference between the two rents: the rent they were paying and the new rent that the landlord is receiving.

Dear Inquirer,

If you have received an eviction notice in Dubai and later discovered that the landlord has re-rented the apartment at a significantly higher rate, you may have grounds for a legal claim.

Here’s what you can do:

- File a Complaint:

You can file a case with the Rental Dispute Center (RDC) in Dubai. The type of case you should file is a "Complaint for Unlawful Eviction or Unfair Practices."

This involves alleging that the eviction was done in bad faith or with the intent to re-rent at a higher rate, which may be a breach of tenancy laws.

- Evidence Collection:

Gather any evidence that supports your claim, including the eviction notice, any communications with the landlord, and proof of the new rental rate.

It is best to have a lawyer present to prevent any risks that may occur.

If you need further clarification, you can contact us.