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Dubai, UAE

Switching the eviction reason to selling while intending to raise the rent. Can I renew at my current rate?

Dear Lawyers,

I have received an eviction notice from my landlord to vacate the property for his personal use. Then, in August 2024, he communicated with me via WhatsApp and email that he wants to sell the property.

I met with him to find a solution, and he said that if I raise the rent, he will let me stay and renew. However, the price he is asking for is not justified, and according to the RERA index, no rent increase should be applied.

To resolve this issue, I offered a 10% increase, but he refused. Am I eligible for renewal at the same rate I am currently paying?

Laila Hamza Al Mulla Advocates and Legal Consultants
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14 Oct 2024, 13:58

Dear Questioner,

If he is changing the notice's purpose, then the eviction itself is invalid, and you can continue to stay in the apartment.

Please note that you are not required to pay any amount beyond the RERA index.

Kindly share your WhatsApp number to discuss this further.

14 Oct 2024, 14:00

[-----------].

14 Oct 2024, 14:01

Will contact you shortly!

14 Oct 2024, 14:36

Thanks!

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KHE Legal Consultancy
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14 Oct 2024, 14:00

Dear questioner,

We can challenge the eviction notice as well as his proposal for a rental increase. As per the law, you are not required to pay beyond the RERA index.

Kindly share your WhatsApp number to discuss this further.

14 Oct 2024, 14:02

Is it possible to have a call to discuss the issue further?

15 Oct 2024, 04:52

Kindly share your WhatsApp number.

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Nasser Yousuf AlKhamis Advocates & Legal Consultants
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14 Oct 2024, 14:02

He,

He needs to send you proper notice to increase the rent as per the law, and the rent can be increased according to the RERA index. We can assist you in this matter.

Please call us at [--------] for a detailed discussion and assistance.

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Alawi Aljaberi Advocates & Legal Consultants
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14 Oct 2024, 14:17

No, the rent will be increased as per RERA index.

14 Oct 2024, 14:20

Mr. Alawi, given the eviction notice sent for personal use, followed by a change of heart to sell, and then accepting to rent the property at a much higher rate than the rental index, does the eviction notice remain valid?

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Rashid Khalil Obaid Advocates and Legal Consultancy
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14 Oct 2024, 14:24

Dear Questioner,

Yes, you are eligible to renew the rental agreement at the same price.

From his communication, it's clear that he doesn't want to sell the property but wants to re-rent it for a higher rent.

After the expiry of the current contract, you can send him an offer to accept the same rent with RDC.

If you need, we will discuss the procedures in detail.

kindly share your WhatsApp number to discuss further.

14 Oct 2024, 14:34

[-----------].

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Khalid Alsarookh Advocates and Legal Consultants
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14 Oct 2024, 14:33

Dear Questioner,

Based on UAE law and the Dubai Land Department (DLD) regulations, landlords must give valid reasons for eviction, such as personal use or sale of the property, with a 12-month notice issued through a notary public or registered mail.

If the landlord initially gave you an eviction notice for personal use but then indicated he wanted to sell or negotiate a rent increase, this might indicate that the initial eviction was not genuine.

Since the RERA Rental Index shows no rent increase is applicable, you are eligible to renew the lease at the same rate.

You can also file a complaint with the Rental Dispute Settlement Centre (RDC) if the landlord insists on unjustified demands.

The court can decide in your favor if the notice is found to be invalid or inconsistent.

14 Oct 2024, 14:35

Salam Mr. Omar!

Can we have a call to discuss this further?

Thanks!

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Al Hajeya Alnoobi Advocates and Legal Consultants
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14 Oct 2024, 16:02

Hello,

If you have received an official eviction notice for the landlord's personal use, the landlord has the legal right to proceed with eviction after the 12-month notice period, regardless of any subsequent discussions or negotiations.

This means that even though you discussed rent increases and potential renewal, the original purpose stated in the eviction notice – the landlord’s personal use – remains valid, and the eviction could still go ahead at the end of the notice period.

However, you do have legal recourse if the landlord's true intention was not to use the property for personal purposes.

If, after you vacate the property, you discover that the landlord has rented it to someone else, you have the right to file a compensation claim against the landlord. This claim can cover any financial and emotional damages you suffered due to the wrongful eviction.

If you find yourself in this situation, please contact me for assistance in pursuing legal action against the landlord.

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Engy Nabeel Advocates & Legal Consultants
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14 Oct 2024, 16:37

If he sells or rents the property after eviction, you can ask him for compensation.

Contact us via WhatsApp so we can help you.

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Al Fahad Legal Consulting
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15 Oct 2024, 07:15

Dear Questioner,

Thanks for your inquiry!

According to UAE law, a landlord can evict a tenant for personal use of the property, but they must provide a notice period of at least 12 months.

In your case, it seems that your landlord has provided the required notice period and has communicated with you about selling the property.

However, if you have a valid tenancy contract and have been paying rent on time, you have the right to renew your tenancy contract at the same rate.

The landlord cannot increase the rent unless it is in line with the RERA Index or if there is a mutual agreement between you and the landlord.

In your situation, it is advisable to try to negotiate with your landlord and come to a mutual agreement on the rent increase.

If you are unable to reach an agreement, you can file a complaint with the Rent Dispute Settlement Center (RDSC) in Dubai. They will review your case and make a decision based on the UAE rental laws.

It is important to note that the RDSC may consider the current market conditions and the RERA Index when making a decision on the rent increase.

If the landlord is found to be in violation of the rental laws, they may be penalized and you may be able to renew your tenancy contract at the same rate.

In summary, you have the right to renew your tenancy contract at the same rate if you have a valid tenancy contract and have been paying rent on time.

If you are unable to reach an agreement with your landlord, you can contact us via phone or email for assistance.

Greetings,

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Hend Humaid Alnuaimi Advocates & Legal Consultants
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15 Oct 2024, 07:49

You may be eligible for renewal at the same rate you are currently paying, especially if local regulations support such an arrangement and if no valid justification exists for a higher rent increase.

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Amiri Advocates & Legal Consultants
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15 Oct 2024, 08:35

No, you are not eligible to renew the contract at the previous price.

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