Questions & Answers
The tenant wants to continue leasing a villa while a notice was not sent
Hello,
I am leasing a villa in Dubai since July 2020. Along with the Ejari contract, I have also signed an addendum with the landlord stipulating that I need to inform him at least 90 days prior to contract expiry of my wish to either renew the contract or vacate the unit.
The notice deadline has passed and I have not informed the landlord of my wish to renew my contract. Some days ago (after the notice deadline), the landlord wrote, requesting to vacate the unit upon expiry of my contract, as he will be selling the unit.
The Dubai law stipulates that any non-renewal notice should be given 90 days prior to contract expiry. At the same time, I did not comply with the requirement in the addendum to inform the landlord of my wish to extend.
What will apply in this case? Can the landlord use the addendum as a basis or will the Dubai law prevail and the contract will be "auto-renewed"?
Thank you for your help!
Dear sir,
Thanks for your inquiry, we would be happy to assist you in your matter.
Kindly note that as per Article (25) of Dubai Law No. 26 of 2007 concerning the Organization of the Relationship between the Lessors and Tenants in the Emirate of Dubai, it has enlisted the cases which gives the landlord the right to evict the premises, as follows:
2- The landlord may request the tenant to be evicted from the real estate upon expiry of the lease contract in the following cases exclusively:
d- Should the owner of the real estate desire to sell the leased real estate.
For the purposes of Clause 2 of the present Article, the landlord shall notify the tenant of the reasons of eviction of the real estate twelve months at least before the date set for eviction; provided that notification is made through notary public or by registered mail.
This means that the landlord shall notify you of his intent to evict the premises with prior legal notice notarized or registered not less than 12 months from the intended eviction date.
Hope this responds to your concern.
