Combating Covid-19: File complaint against landlord if he insists on eviction in UAE

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Combating, Covid-19, coronavirus, File complaint, against, landlord, eviction, UAE

A landlord may not request the tenant to evacuate the subject of contract save upon the elapse of three years from the date of the original contract.

By Ashish Mehta

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Published: Sun 5 Apr 2020, 1:00 PM

Last updated: Sat 25 Apr 2020, 11:26 AM

Q-I am a resident in the emirate of Abu Dhabi and my rental agreement is due for renewal in a couple of weeks. I find the current apartment I am residing in overpriced, and therefore, I had decided to vacate it. Accordingly, I had notified the building management two months ago about my intention. But due to the ongoing Covid-19 crisis, I fear going out to find a new flat. Even if I find one, I wonder if I will get packers and movers to shift my household stuff. Further, I am unsure whether I would find maintenance personnel during this period. I am concerned if the building management commits my current apartment to a prospective tenant. Is there any protection available to me during this period wherein I get an extension of three months and continue to pay the rent on a monthly basis as per the existing rental agreement?
Answer
Pursuant to your query, it should be understood that as you are a resident in the emirate of Abu Dhabi, the provisions of Law No. 20 of 2006 of emirate of Abu Dhabi concerning tenancy and organisation of landlord- tenant relation in the emirate of Abu Dhabi (the 'Abu Dhabi Rental Law') and its subsequent amendments are applicable. Article 20 (3) of the Abu Dhabi Rental Law states that the landlord is not in a position to demand eviction of the tenant on expiry of the tenancy contract term -"Tenancy contract shall remain valid until the end of the period specified therein. It may be renewed for an identical period(s) unless either party declares his willingness in writing to evacuate the subject of contract or to modify its terms prior to the date of the expiry, yet according to the following condition:
However, a landlord may not request the tenant to evacuate the subject of contract save upon the elapse of three years from the date of the original contract, unless it is otherwise decided by the committee and provided that the tenant is granted a time-grace of not more than six months beginning from the date fixed by the committee for such evacuation, and provided that the tenant has used the subject of tenancy for a period of not less than one year...."
The aforementioned provision was amended by Abu Dhabi Law No. 4 of 2010 which allowed the landlord to evict the tenant on expiry of the tenancy contract subject to necessary notice requirements being fulfilled by the landlord as per the tenancy contract or the prevailing rentals laws in the emirate of Abu Dhabi.
In light of the current Covid-19 crisis, on March 23, His Highness Sheikh Mohamed bin Zayed Al Nahyan, Crown Prince of Abu Dhabi and Deputy Supreme Commander of the UAE Armed Forces, ordered that Abu Dhabi Judicial Department shall temporarily suspend all the ongoing eviction cases during the crisis. Based on this, as your tenancy contract is due to lapse in a few days and since you have already notified the landlord through the building management of your apartment, you may request them in writing to extend your tenancy period on the same existing terms of the tenancy contract for another three months due to the current coronavirus crisis. In the event your landlord demands eviction during the Covid-19 crisis period, you may approach Rental Dispute Settlement Committee, which is part of Abu Dhabi Judicial Department, and file a complaint against your landlord.
Know the law
The Abu Dhabi Judicial Department has been ordered to temporarily suspend all the ongoing eviction cases during the Covid-19 crisis.
Ashish Mehta is the founder and Managing Partner of Ashish Mehta & Associates. He is qualified to practise law in Dubai, the United Kingdom and India. Full details of his firm on: www.amalawyers.com. Readers may e-mail their questions to: news@khaleejtimes.com or send them to Legal View, Khaleej Times, PO Box 11243, Dubai.
 


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