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Should I appeal my court decision after winning compensation for my landlord's unjust eviction?

Dear Lawyers,

I won a court case against my previous landlord because his notary told me that he wanted to sell the property, so I had to move out. He has since re-rented it for a much higher amount.

My rent was 72k, and the landlord re-rented it for 100k. The court decided that I would receive a 30k compensation. Before filing the court case, I read in a forum that the penalty payment should be equivalent to a year's rent.

Should I file an appeal against the court's decision, or is it sufficient?

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Al Fahad Legal Consulting
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5 Dec 2024, 11:33

Dear Questioner,

Good afternoon, and thank you for reaching out!

Based on the situation you’ve described, here’s an overview of the court decision and your potential options:

1. Court Decision and Compensation

It seems the court has awarded you AED 30,000 as compensation for being wrongfully evicted or forced to vacate the property based on incorrect information from the landlord’s notary.

This compensation is based on the landlord’s action of re-renting the property at a significantly higher price, which is seen as a breach of the original agreement or tenant rights.

If the court awarded you AED 30,000 as compensation, this amount is based on its evaluation of the damages caused by the eviction and the landlord’s actions.

Generally, compensation could be linked to factors like the remaining time on your lease, damages caused by moving, and the market impact of the eviction.

2. Penalty Payment in Forums vs Court Ruling

The forum you read about the penalty being equivalent to a yearly rent may refer to a general guideline or common practice, but it is not automatically applicable to all cases.

Each case is different, and compensation is typically determined by the court based on the specific circumstances, such as the reason for eviction, the impact on the tenant, and market conditions.

It’s important to note that the court has already ruled in your favor, and the AED 30,000 compensation appears to be a calculated award based on your circumstances.

3. Appealing the Decision

If you believe the court’s ruling is not fair or doesn’t fully address the damages caused (for example, if you think the compensation should be higher based on the discrepancy between the rent and new rental price), you have the option to file an appeal.

However, appealing a case means going through another legal process, which may involve additional time and legal costs.

There’s no guarantee that an appeal will result in a higher compensation amount, and there could be a risk that the original decision will be upheld.

Factors to consider before appealing:

- Is the compensation amount sufficient for the damages you believe you have suffered?

- Is there a clear legal basis for why the compensation should be higher (for example, if you were misinformed about how compensation is calculated)?

- Costs of appealing: Legal costs, time, and the possibility that the appeal may not result in a better outcome.

If you feel the compensation of AED 30,000 is sufficient and the court’s decision was fair, it may be better to accept the ruling.

However, if you believe that the penalty should be equivalent to a yearly rent, or if you feel that the compensation doesn’t reflect the full impact of the eviction, you may want to consult us as a lawyer about appealing the decision.

I recommend discussing the details with us directly at [-----------] to assess whether appealing is worth the potential additional time, costs, and risks.

Please let me know if you need further assistance or have additional questions.

Best regards,

Mohammed Salah

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Amiri Advocates & Legal Consultants
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5 Dec 2024, 11:43

What you read is incorrect. Judgments in such cases are based on the difference between the rent the tenant was paying and the rent paid by the new tenant, which represents the profit the landlord gained from manipulating the law.

Laila Hamza Al Mulla Advocates and Legal Consultants
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5 Dec 2024, 12:37

We can file an appeal in the RDC and also apply for additional compensation.

If you need our assistance with your matter, please share your WhatsApp number.

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Mohamed Bakheet Advocates & Legal Consultants
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5 Dec 2024, 12:49

If you are satisfied with the compensation of AED 30,000, there is no need to file a new claim.

However, if you feel that you have a legal justification for a larger amount, you can contact us by phone or WhatsApp number [----------].

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Zayed Almazrouei Advocates And Legal Consultants
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5 Dec 2024, 13:22

It depends on whether the appeal period has passed or not. The appeal period, according to the law, is 15 days from the second day after the judgment.

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