Questions & Answers
Given the expired lease and invalid eviction notice, can I stay and continue to pay rent?
Dear Sir/Madam,
My landlord gave me notice on plain paper last year when the lease was renewed. He wrote two reasons for eviction: one that he may sell the property and the other that he may move in.
The eviction letter was signed by him only, but the property has two owners (husband and wife). This year, when he asked me to vacate the property, I informed him that, according to the RDC, the notice needs to be from a notary public or sent via registered mail.
I then submitted an Offer and Deposit with the RDC, but the landlord didn't respond. The lease expired on May 10th. The landlord hasn't followed up with anything so far.
According to RERA, the rental contract is automatically renewed unless terminated by the courts (for non-payment, eviction, etc.). What course of action should I take now?
Should I send an email to the landlord with the cheques, mentioning they are ready since I already submitted the Offer and Deposit, or should I file a case? Or should I wait for the landlord to approach me or file a case?
Dear Questioner,
Thank you for reaching out with your query!
Here's a detailed response to your situation:
You were correct in your assessment that the eviction notice provided by your landlord on plain paper and signed only by him, despite the property having two owners, does not meet the legal requirements.
According to the Rental Dispute Center (RDC), such notices need to be notarized or sent via registered mail to be considered valid.
It was a good step to proceed with the Offer and Deposit with the RDC. This shows your willingness to fulfill your rental obligations and provides a legal record of your actions.
As per the Real Estate Regulatory Agency (RERA) regulations, if no legal termination notice is given, the rental contract is automatically renewed under the same terms.
Recommended Course of Action:
Send an email to your landlord stating that the rental cheques are ready and have already been deposited as per the legal procedure.
This will further solidify your stance and show that you are fulfilling your contractual obligations.
If you wish to continue the tenancy or renew the lease, you have the right to file a case to demand the renewal of the contract and ensure you are granted a tenancy contract from the court (RDC).
Do not vacate the property unless there is a final court order or a formal legal notice compelling you to do so. This protects your rights as a tenant and ensures that any actions taken against you are legally sound.
Should you need further assistance or legal representation, please feel free to contact me.
Hello,
The initial eviction notice seems invalid and the lease was likely renewed automatically. While an email to the landlord is optional, you can focus on waiting for their next move.
Maintain copies of your lease, rent payments, and RDC documents. In the meantime, keep paying rent as usual and don't vacate unless a court orders it.
Hi,
You have done well by obtaining an offer and deposit order.
Answering your question: Yes, your contract has been automatically renewed, however, you are an unregistered tenant as the Ejari has probably not been renewed in your name.
You can go to RERA directly, drop your cheques there, and also renew your Ejari.
We recommend that you complete this process as soon as possible so that you can be protected under federal laws as a registered tenant.
If you have any more questions, don't hesitate to reach out to us on WhatsApp [------].
Dear Questioner,
Given the situation you've described, it's important to understand your rights and the legal procedures involved in tenancy matters in Dubai. Here are some steps you can consider taking:
1. Review Lease Agreement:
Carefully review your lease agreement to understand the terms and conditions regarding renewal, termination, and eviction.
2. Consult with RERA:
Since you've already taken steps to address the situation through RERA (Real Estate Regulatory Agency), continue to follow up with them for guidance on the next steps. They can provide information on your rights as a tenant and the landlord's obligations.
3. Communicate with Landlord:
Send a formal written communication to your landlord, preferably via registered mail or email, stating your position regarding the automatic renewal of the lease according to RERA regulations.
Mention that you are ready to renew the lease and provide cheques for the rent, as per your offer and deposit with RDC.
4. Seek Legal Advice:
If your landlord fails to respond or disputes the renewal, consider seeking legal advice from a qualified lawyer specializing in tenancy disputes. They can advise you on the best course of action and represent you if necessary.
5. Consider Mediation:
If there is a deadlock in negotiations with the landlord, you may explore options for mediation through RERA or other authorized mediation services. Mediation can help resolve disputes amicably without the need for court intervention.
6. Be Prepared for Legal Action:
If efforts to resolve the matter amicably fail, you may need to consider filing a case with the Rent Dispute Settlement Center (RDSC) or seeking legal recourse through the Dubai courts. Your lawyer can guide you through the legal process and represent your interests in court if required.
Remember to keep records of all communications with your landlord, including emails, letters, and documentation related to the lease agreement and any payments made.
It's essential to protect your rights as a tenant and ensure that the legal process is followed correctly.
Dear Questioner,
Thank you for reaching out regarding your situation with your landlord!
Based on the details you provided, it appears that the eviction notice you received may not meet the legal requirements under Dubai law.
According to the Real Estate Regulatory Agency (RERA), eviction notices should indeed be sent via notary public or registered mail, and both property owners must sign if there are multiple owners.
Since you have already made an Offer and Deposit with the Rental Dispute Center (RDC) and the landlord has not responded, you are on solid ground in demonstrating your willingness to fulfill your rental obligations.
Given the current circumstances, you have a few options moving forward:
- Send an Email with Cheques:
You can send an email to the landlord, reiterating that you are ready to continue your tenancy and provide the rental cheques. This can show your good faith and willingness to comply with the lease terms.
- File a Case with RDC:
If the landlord does not respond to your email or attempts to evict you without following the proper legal procedures, you may consider filing a case with the RDC. This step can provide you with legal protection and ensure that the landlord adheres to the correct process.
- Wait for the Landlord's Action:
You may also choose to wait for the landlord to take further action. However, this approach carries some risk if the landlord decides to take legal steps without your knowledge.
Given the complexity of your case, it would be prudent to seek professional legal advice to ensure your rights are fully protected and to navigate the process effectively.
I would be happy to assist you further and provide detailed guidance tailored to your specific situation.
Please feel free to reach out to me via WhatsApp or phone at [--------] or email me at [--------] to discuss your case in more detail.
