أسئلة وأجوبة
I was evicted from my apartment to be sold but it was gifted and rented at a higher price. What can I do?
I was evicted from my apartment after living there for five years. My landlord informed me a year in advance that the lease would not be renewed because he intended to sell the property.
Prior to this, he attempted to impose a rent increase that was not compliant with RERA regulations, which I refused to accept. He then served me with an official Dubai Court eviction notice, citing the need to take back the property for sale.
Five months after I moved out, I discovered the property was rented out at a much higher price. Upon further investigation, I found that the ownership was transferred as a "Gift" rather than a sale.
This makes it seem like the eviction was only to raise the rent rather than a genuine need to sell.
Do I have a valid case for wrongful eviction against my landlord?
Also, under Dubai law, does transferring ownership as a "Gift" hold the same legal grounds as selling in justifying eviction?
No, the gift and sale are treated under different categories. To avoid the law, he made this transfer.
Yes, from the explanation you have given, you do have a valid case for wrongful eviction and can file a compensation suit against the landlord.
While filing this case, the petition should be drafted in such a way that the property was gifted to his close relative without any consideration. So that will reveal his real intention.
We will discuss the procedures in detail. Kindly share your WhatsApp number to proceed with us or you may contact us on the phone.
Dear Client,
Thanks for your question! I hope you are doing well. I will assist you in this matter.
You likely have a valid case for wrongful eviction, as the landlord re-rented the property at a higher price shortly after eviction and transferred ownership as a "Gift" rather than selling.
Transferring ownership as a "Gift" may not hold the same legal grounds as selling for justifying eviction under Dubai law.
File a complaint with the Rental Disputes Settlement Centre, providing evidence of the new tenancy and ownership transfer. Consult with us to navigate this process effectively.
For any further discussion, 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
Hello,
Based on the details you have provided, you appear to have a strong case for wrongful eviction against your landlord.
Under Dubai tenancy laws, specifically Article 25 of Law No. 26 of 2007 (as amended by Law No. 33 of 2008), a landlord may evict a tenant if the property is required for sale, but this must be done in good faith.
The subsequent discovery that the ownership was transferred as a "Gift" rather than a sale indicates a potential misuse of this provision, as gifting does not hold the same legal grounds as selling in justifying eviction.
This could be interpreted as a violation of the law and an attempt to circumvent tenant protections.
Your landlord's actions, combined with the subsequent re-leasing of the property at a higher rent, strongly suggest that the eviction was not made in good faith but rather as a means to increase the rental value, which is a clear violation of RERA regulations.
Courts in Dubai have previously awarded compensation to tenants in cases like this, where landlords have misused eviction provisions.
I have handled similar cases in the past and secured favorable judgments for tenants in comparable situations.
If you wish to pursue legal action, I would recommend filing a complaint with the Rental Disputes Center (RDC) in Dubai.
This would involve submitting evidence, including the eviction notice, proof of the "Gift" transfer, and records of the new rental agreement.
Please feel free to contact me via WhatsApp or email to discuss the next steps and how I can assist you in pursuing this matter effectively.
Dear.
According to the law, the property must be sold.
However, if the owner gifts the property to another person with the intention of circumventing the law and increasing the rent, in this case, you have the right to demand compensation.
Under UAE law, if you were evicted based on the justification of selling the property, but later discovered that the ownership was transferred as a gift rather than a sale, you may have a strong case for wrongful eviction.
Transferring the ownership as a gift does not provide the same legal grounds for eviction as a genuine sale does.
You can contact us via WhatsApp for more precise legal advice on your case. We specialize in rental and eviction cases in the UAE and can assist you in taking the necessary steps.
Dear questioner
Yes, you have a valid case against them.
We need to file a compensation case in RDC and can claim double of rental difference as well as the other moving expenses including the mental agony that you had passed through.
Kindly share your WhatsApp number to discuss this further.
Dear Questioner,
Thanks for your inquiry.
I understand the concerns you have raised regarding your eviction from the property and the subsequent discovery that the ownership was transferred as a gift, not through a sale, as initially stated by your landlord. Based on the details you've shared, I would like to offer you the following legal analysis:
1. Wrongful Eviction
Under UAE law, the landlord is required to provide valid reasons for eviction, such as personal use, renovation, or sale of the property. While a notice of eviction can be given if the landlord intends to sell the property, the situation becomes questionable if the landlord’s stated reason is later found to be untrue or misleading.
In your case, the landlord informed you that the property would be sold, which justified the eviction notice. However, the subsequent transfer of ownership as a "gift" instead of a sale, coupled with the property being rented out at a higher price, raises serious concerns about the landlord’s true intentions.
This could be seen as a bad faith eviction if the landlord used the sale excuse solely to evict you and raise the rent, which would not be considered a legitimate reason for eviction.
2. Transfer of Ownership as a "Gift" vs. Sale
The transfer of ownership as a gift does not carry the same legal implications as a sale, particularly with regard to justifying eviction. If the landlord falsely stated that the property would be sold in order to evict you and then transferred it as a gift, this could potentially be classified as misrepresentation.
In this case, the eviction may not have been for a legitimate purpose, and therefore, could be contested as wrongful eviction.
3. Legal Grounds for Wrongful Eviction
False Statement of Intent: The landlord’s eviction notice was based on the premise that the property would be sold. If it is proven that the property was gifted instead, this could suggest that the eviction was not carried out in good faith, making it potentially wrongful.
Rent Increase Attempts: Additionally, if the landlord previously attempted to impose an illegal rent increase, this could further support the claim that the eviction was part of a strategy to raise rent unlawfully, which violates tenant protections under RERA regulations.
4. Possible Legal Action
If you wish to pursue this matter, we can:
File a complaint with the Rental Disputes Center (RDC): We can challenge the eviction on the grounds of bad faith, misrepresentation, and wrongful eviction.
Seek Compensation: If we can establish that the eviction was wrongful, you may be entitled to compensation for the disruption caused, including any costs incurred from relocating, as well as potential damages related to the manner of the eviction.
Next Steps:
To move forward, I recommend the following actions:
Collect Evidence: Gather all relevant documentation, including the eviction notice, correspondence with the landlord, the deed of transfer (showing the gift of ownership), and the new rental agreement for the property.
File a Formal Complaint: We can initiate a formal complaint with the RDC, outlining the case for wrongful eviction and presenting evidence that the landlord misrepresented the reason for eviction.
Please let me know if you would like to proceed with this approach, and I will be happy to assist you in taking the necessary steps. Feel free to reach out if you have any further questions or concerns.
Best regards,
Mohammed Salah
Legal Consultant
Hello dear questioner,
If the eviction notice was for the purpose of selling or any other purpose and then the property was rented again at a higher rental value, then in this case you have the right to file a lawsuit against the owner and demand compensation.
We can help you with the matter, but we need proof that the property has been re-rented again.
For further discussion and clarification, please share your WhatsApp number.
You can file a compensation case against the landlord for wrongful eviction.
Please call us for detailed discussion and assistance.
You may have grounds for a wrongful eviction claim against your landlord due to potential misrepresentation regarding his intentions with respect to selling or renting out the property after your eviction.
The transfer of ownership as a “Gift” does not hold equivalent legal justification for eviction compared to an actual sale under these circumstances.
