Questions & Answers
Can the eviction happen despite the reconsideration case by the tenant?
Dear Sir/Madam,
We won an eviction case and appeal against a tenant. We filed for execution, and the tenant has filed a reconsideration case. The eviction date is 12th Feb, and the hearing date for the reconsideration case is 7th Mar.
1) Can the eviction happen on 12th Feb despite the reconsideration case?
2) Is our final right of eviction of the tenant based on the judgment of the Reconsideration case? If so, can we request an earlier hearing date for it?
The tenant fraudulently kept us away from the court proceedings in an offer to deposit case he filed before the eviction case and got a favorable judgment.
His basis is that he already has a judgment for an extension of Ejari which precedes the eviction judgment (i.e., an argument of Res Judicata).
The court recognizes our reply that the argument doesn't apply as the cause of action of both judgments is different.
The tenant has already extended his stay in the property by 8 months this year (post end date of Ejari) and has not paid rent either.
We served a 12-month legal vacating notice for sale as per law. How can we evict him at the earliest?
Dear Client,
Thanks for your question! I hope you are doing well. I will assist you in this matter.
In your eviction case, the tenant's reconsideration case may temporarily delay the eviction scheduled for 12 Feb until the reconsideration case's outcome.
The final right of eviction hinges on the reconsideration case's result. You can request an earlier hearing date for the reconsideration case due to suspected fraudulent activities by the tenant.
Continue pursuing the legal process for eviction. The ultimate outcome will be determined by the court's decisions in both cases, and legal guidance is essential throughout the process.
Consult with us for guidance.
For 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
Dear Questioner,
Your case seems to be a little bit complicated. Since the court posted the hearing date as 7th Mar, the eviction date as per the judgment will not be prevailing.
But you can request to postpone the hearing and submit the request to the judge by mentioning all the efforts you have made to evict the tenant from the property and the damages caused to you all this time.
If you can convince the judge, your request can be accepted.
If you need further clarification or assistance from us, share your WhatsApp number.
Dear Questioner,
Thanks for your inquiry!
Regarding the above, we would like to inform you that:
1. Yes, the eviction can still happen on 12 Feb despite the reconsideration case. The tenant can file for a stay of execution, but it is up to the court to decide whether to grant it or not.
2. Yes, the final right of eviction is based on the judgment of the reconsideration case. If the court decides in your favor, you can request an earlier hearing date for the execution of the eviction.
To evict the tenant at the earliest, you can try to negotiate with the tenant and offer them a reasonable amount of time to vacate the property.
If they refuse to cooperate, you can file for a stay of execution and request for an earlier hearing date for the reconsideration case.
You can also appoint us as your lawyer to help expedite the process.
Please feel free to contact us via email.
Regards,
