Lost eviction case due to lawyer’s mistake. Can I appeal with the correct reason and documents?

Dear Questioner,

To appeal the court's decision, you'll need to provide evidence to support your claim that the original judgment was incorrect.

If you can provide sufficient evidence to support your claim that you need to move into the property, you may be able to file a new eviction case.

However, you'll need to ensure that you have strong evidence to support your claim. In the given situation, you have to prove to the court that you don't have any other property to stay in the same emirate.

If you need further clarification, you may ask or you may share your WhatsApp number.

Hello, dear questioner,

We can file an appeal against the ruling and amend the reason. It is for personal use, but what you need is strong proof that you do not own any other property in the same emirate in which the disputed property is located.

For further discussion, please share your WhatsApp number.

You can appeal if you have the necessary documents that support the reason for eviction based on moving in.

You should provide proof of your intention to move into the property, such as a letter from the owner or any official documents confirming this intention.

If the case was lost due to the lack of supporting documents, you can file a new case with the correct reason.

For further details on the legal steps you can take, feel free to contact us via WhatsApp. Our office specializes in such cases and will assist you with the best possible solution.

Yes, you can appeal the ruling and provide proof that the notice sent to the tenant was to move into the unit, not to sell it.

Contact us at [----------] so we can assist you.

Thank you for reaching out with your concern!

I understand how frustrating it must be to lose your case due to such a misunderstanding. In eviction matters, the reason stated in the eviction notice plays a critical role, and any discrepancy can significantly affect the outcome.

For an appeal, the necessary documents would include:

- The original eviction notice clearly mentioning the reason for eviction (e.g., moving in).

- Any evidence that supports your intention to move in, such as personal circumstances, proof of ownership, or correspondence with the tenant.

- A detailed timeline and any communication you had with your previous lawyer to explain the misrepresentation.

Filing a new case with the correct reason (to move in) may be possible, depending on the specific facts of your situation. However, the feasibility of this approach and the documents required will need careful review to avoid conflicting claims.

Hello,

Thanks for your inquiry!

I understand your concerns regarding the outcome of your eviction case and the potential for filing an appeal. Based on the information you've provided, here's a summary of the options available to you:

1. Appealing the Case:

Since the initial case was filed with the wrong reason (sale of the property instead of the intent to move in), you have the option to appeal the decision.

However, in order to strengthen your case on appeal, the following documents and steps will be important:

2. Necessary Documents for Appeal:

- Proof of Intent to Move In:

This could include a written declaration or affidavit from you (the landlord), stating that you intend to occupy the property for personal use. If you have any supporting documents (e.g., tenancy agreement for another property, family circumstances, etc.) showing your need to move in, this will strengthen your claim.

- Correspondence with the Tenant:

Any communication with your tenant regarding the reason for eviction (i.e., for personal use) should be provided. This includes emails, letters, or even text messages.

- Proof of Ownership:

Copies of your title deed or any document proving your ownership of the property.

- Eviction Notice:

The original 12-month eviction notice you served to the tenant, ensuring that it complies with the legal requirements in terms of format, timing, and content.

- Any Documentation from the Previous Lawyer:

If possible, obtain a copy of the case documents filed by your previous lawyer, including the reason they cited (sale), and demonstrate the discrepancy with your original request.

3. Appeal Process:

If the appeal is accepted, the court may reconsider the case based on the correct grounds, provided you can demonstrate that the proper reason for eviction was not adequately addressed in the initial case.

You would likely need to explain the error in filing and present the right documents showing your intention to move in.

4. Filing a New Case:

If you decide not to appeal, or if the appeal does not succeed, you have the right to file a new case for eviction based on your intent to move in.

5. Documents for Filing a New Case:

- Clear Proof of Intent to Occupy: As previously mentioned, provide clear evidence that you intend to move into the property, such as a personal statement, rental agreements for any other property you currently occupy, or any other evidence of your need for the space.

- Eviction Notice: The 12-month eviction notice should be issued in compliance with the UAE Rent Law, specifically stating that you wish to move into the property, rather than selling it.

- Proof of Ownership: Provide the property title deed or other documentation proving your ownership.

- Supporting Documents: If you have any other evidence that supports your need to move in, such as family circumstances or your current living situation, this will be helpful.

You can either appeal the current case by submitting the correct documents to prove your intent to move in, or you can file a new case based on the accurate reason for eviction. In either case, ensuring you have proper documentation to support your claim is crucial.

Please let me know how you would like to proceed, and if you need assistance in preparing for the appeal or filing the new case, I will be happy to guide you through the process.

Best regards,

Mohammed Salah

Legal Consultant

Dear Client,

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

If you appeal the eviction judgment, you will need to gather the original judgment, evidence supporting your intention to move in (such as proof of residency), and any relevant correspondence with your tenant.

You can file a new case based on the reason to move in, provided you have sufficient evidence to support this claim. It's advisable to consult with us to strengthen your appeal and navigate the process effectively.

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

If you want to appeal or file a new eviction case due to moving, here is what you need to know and the documents required in case of appeal:

- Timeframe: The appeal must be filed within the legal deadline (usually 15-30 days from the date of the judgment).

- Required documents:

• Previous eviction notice: A copy of the notice you sent to the tenant (registered via Emirates Post or a notary public).
• Proof of your intent to move.
• Certificate of ownership of another property, if applicable.
• A new tenancy agreement in your name if you are moving to a rented property.
• Any documents that prove your actual need to vacate.

Hello,

You can file a new lawsuit based on the reason for eviction mentioned in the warning, provided that you do not own another residence in Dubai.

Dear Questioner,

In the appeal, we need to amend all the petitions and file evidence supporting the eviction for personal use, along with the following documents: the eviction notice served, proof of receipt of the eviction notice by the tenant, and evidence that you do not own any other property, based on the case situation and admissibility.

If you need our assistance with your matter, kindly share your WhatsApp number.