Can I re-rent to my evicted tenant at current market rates?

Dear Questioner,

You can invite your evicted tenant with the current market rental rates, as long as the rental agreement is transparent and fair.

However, you cannot use the previous eviction as a tactic to force the tenant to accept higher rates. You can charge the current market rate for similar properties in your area.

If you need further clarification regarding the possibilities, kindly share your WhatsApp number.

Dear Questioner,

Thanks for your inquiry!

In your situation, the answer hinges on compliance with Dubai’s Real Estate Regulatory Agency (RERA) laws and regulations. Here's what you need to know:

1. Legal Obligations After Eviction

- Eviction Reason: If you evicted the tenant citing personal use (for yourself or your family), RERA law requires you to use the property for that stated reason for at least 12 months from the date of eviction.

- Violation of Eviction Purpose: Offering the unit for rent again within this 12-month period without fulfilling the stated purpose is a violation of the law and can lead to legal action by the previous tenant. They may seek compensation for wrongful eviction.

2. New Tenancy Rates

If you have legitimately used the property for the stated purpose for 12 months or more:

- You are not legally obligated to offer the same rental rates as the previous tenancy.

- Rental rates can be adjusted according to the current market conditions, provided they align with the RERA Rental Index and are not excessively above market rates.

3. What You Can Do

- Post-12-Month Compliance: If the 12-month period has passed, you can invite your previous tenant or list the property at current market rates without legal issues.

- Check RERA Index: Use the RERA Rental Index Calculator to confirm acceptable rental rates for your area. A 15-20% increase may be permissible depending on the market.

- Document Usage: Ensure you have proof (e.g., DEWA bills, personal occupancy evidence) showing that you or your family genuinely used the property for the stated purpose to avoid disputes.

4. Recommendations

Before contacting your evicted tenant or offering the property for rent, ensure:

- The 12-month occupancy period for personal use has been honored.

- The new rent complies with the RERA Rental Index.

- All communication with tenants is documented to avoid future disputes.

Please let me know at [-----------] if you'd like assistance drafting a tenant invitation or checking RERA compliance!

Greetings,

Mo. Salah

Welcome,

If the tenant was evicted based on your intention to use the apartment for yourself, you are not legally obligated to offer the same rental rates as the previous tenancy.

You are allowed to apply the current market rental rates, especially if there has been an increase in rates in the building itself.

For further clarification or legal assistance in this matter, feel free to reach out to our legal consultation center.

Hello,

If the apartment is now available for rent again and you intend to lease it to a new tenant (or offer it to the previous tenant), you can set the rent based on current market rates.

If the new rental market rate for similar apartments in your area has increased by 15-20%, you can legally adjust the rent accordingly.

For a detailed discussion, kindly share your WhatsApp number.

Dear Questioner,

According to the law regulating the relationship between landlords and tenants of real estate in the Emirate of Dubai, the landlord may request the eviction of the tenant before the end of the contract term in specific cases, including the owner's desire to use the property himself or one of his first-degree relatives, provided that the tenant is notified of this 12 months in advance through a notary public or registered mail.

If the tenant is evicted for this reason, the landlord must use the property for the aforementioned purpose for a period of not less than 12 months.

If it is proven that the landlord did not use the property for this purpose, the tenant is entitled to claim compensation for the damage incurred.

Accordingly, if you evict the previous tenant under the pretext of your personal use of the property and then decide to rent it again, the previous tenant may be eligible to claim compensation.

For assistance, please contact us via phone or WhatsApp number [----------].

Thank you for your inquiry regarding re-letting your property after evicting a tenant for personal use.

Under Dubai's rental laws, if a landlord evicts a tenant citing personal use, they are prohibited from renting the property to a third party for at least two years for residential properties and three years for non-residential properties, unless the Rent Disputes Settlement Centre (RDSC) specifies a shorter period.

If you re-let the property before this period elapses, the previous tenant may seek compensation.

Regarding rental rates, any increase must align with the Real Estate Regulatory Agency (RERA) guidelines, which cap increases based on how the current rent compares to the market average.

Given the complexities involved, I recommend a detailed consultation to address your specific situation and ensure compliance with all legal requirements.

Please feel free to contact me via WhatsApp or phone at [---------] to discuss this further or to schedule a convenient time.

Best regards,

Suhail Rana