Can I issue a short-term contract and raise the rent if the eviction notice was delayed?

Dear Questioner,

Since the eviction notice was issued in December, the tenant is entitled to stay for 12 months from the date of notification, not from the end of the lease.

This means they can legally remain in the property until December of the following year unless they agree to leave earlier.

Regarding a new contract, you are not obligated to offer a new lease. However, if both parties agree to a temporary extension, it must comply with RERA rental regulations. Any rent increase must follow the Dubai Land Department's rental index and cannot exceed the legally permitted percentage.

With 16 years of experience handling such cases, we have successfully won cases in our clients’ favor in record time. We can assist in ensuring compliance with eviction procedures and rental regulations.

For further legal guidance, contact us at [----------].

Thank you for your inquiry!

Regarding your situation, since the tenant's lease will only expire after the 12-month notice period following the eviction notice issued in December, the tenant may indeed remain in the property for the duration of this period.

As for issuing a new 3-month contract, it is possible, but it would depend on the terms of the original lease and local tenancy laws.

Additionally, you may raise the rent within legal limits, especially if the current rent is below market rates, but this must comply with regulations in your jurisdiction.

To ensure that you proceed correctly and in compliance with all legal requirements, we recommend scheduling a consultation with us, or you can contact us directly to discuss how we can assist you further with this matter.

Best regards,

Dear Sir/Madam,

Thank you for your inquiry regarding your recently purchased property and the associated tenancy situation. Based on the information provided, please consider the following professional advice:

1. Eviction Notice Validity:

As per Dubai tenancy laws, the 12-month eviction notice for personal use takes effect from the date of issuance.

Given that the notice was served in December, the tenant is legally entitled to occupy the property until December of the following year, regardless of the current lease expiration.

2. Interim Tenancy Agreement:

It is advisable to issue a new tenancy agreement covering the period from the expiration of the current lease in September until the end of the 12-month notice period in December. This ensures legal clarity for both parties.

3. Rent Adjustment Considerations:

While the current rent may be below market rate, any rent increases must strictly adhere to the regulations set by the Real Estate Regulatory Agency (RERA). Utilize the RERA Rent Calculator to determine if an increase is permissible and, if so, to what extent.

4. Legal Compliance:

Please be aware that after regaining possession for personal use, you are obligated to occupy the property yourself for at least one calendar year. Failure to comply could result in potential legal repercussions, including compensation claims from the evicted tenant.

5. Professional Consultation:

Given the nuances of your situation, we strongly recommend consulting with us. They can provide tailored advice and ensure full compliance with all relevant regulations.

Should you require any further clarification or assistance, please do not hesitate to contact us. We remain committed to helping you navigate this complex situation in full accordance with Dubai tenancy laws.

Yours sincerely,

The law states that only the new owner has the right to evict the tenant, but the following process must be followed:

The old owner must send you a legal notice for eviction, and then the new owner must issue another notice with the same dates as the old one to reinforce the eviction.

Conclusion:

If you have not received a legal notice from both of them, do not proceed with the eviction. In general, do not evict unless there is a court judgment.

Please contact our office manager on his mobile number [------------].

Thank you for reaching out!

Since the eviction notice was served in December, the 12-month notice period will indeed only expire after the current lease ends in September.

This means the tenant has the legal right to stay until the end of the notice period, which would be December of the following year.

Regarding a short-term renewal, you may offer a three-month contract, but the tenant is not legally obligated to accept it.

As for rent adjustments, any increase must comply with the RERA rental index and legal guidelines. A proper review of your situation is necessary to ensure compliance while protecting your interests.

To discuss the best legal strategy for handling this, please reach out to me via WhatsApp or phone at [---------]. I’d be happy to assist you further.

Best regards,

Suhail Rana

Hello,

If the eviction notice was issued in December, it means the tenant has received a 12-month notice for eviction. The tenant is typically allowed to stay until the expiration of their lease or the end of the notice period.

Since the notice was given in December, they can legally remain in the property until the lease expires in September, with the final eviction allowed after that point.

You can notify the tenant of your intention to increase the rent, following the legal process for such increases.

This may be done once a new contract is offered, but you must provide the appropriate notice period (typically 3 months) and comply with rent increase regulations.

For further assistance, kindly share your WhatsApp number.

The 12-month period begins from the date the notice is legally served. Therefore, if the notice was served in December, the 12-month period begins from that time.

Yes, you may issue a new contract for three months. Alternatively, if there is an agreement with the tenant, you can enforce it.

Regarding the rent, if the tenant is paying less than the market rate, you may send a 90-day prior notification before the contract's expiry to increase the rent.

The proposed rent should be in accordance with the rental index. If you need further clarification, we can discuss it further.

Kindly share your WhatsApp number to proceed.