For the purpose of renewing tenancy contract, landlord and tenant upon expiry of the tenancy contract may amend any of the contract's terms or review the rent whether by increase or decrease.
I need legal advice to get my apartment vacated from a tenant in Dubai. I want to give a 12-month eviction notice through Notary Public this month. I want to keep the property for my personal use. I know I cannot rent it out for two years after getting possession from tenant. My real estate agent said that I cannot give Eviction Notice as I renewed contract on August 18 and three months have passed. He told me that eviction notice can be given only at the time of contract renewal. Now, as per his advice I can give eviction notice only in August 2015 and tenant can vacate in August 2016.
Is the understanding of the estate agent about eviction notice correct or can I give a 12-month eviction notice at any time? If I can give eviction notice this month, do I need to sign a three-month contract in August 2015 so that the tenant can stay for three more months in my apartment?
Your legal advice is requested.
It is understood that you wish to seek eviction of your tenant from the apartment owned by you in Dubai, for your own personal use, and that you had renewed the tenancy contract in the month of August this year. It may be noted that the tenancy shall be governed in accordance with the provisions of Law No 26 of 2007 Regulating Relationship Between Landlords & Tenants in the Emirate of Dubai (as amended by Law No 33 of 2008) (the "Tenancy Law").
Pursuant to your questions it may be advised that, in order to seek eviction of a tenant, a landlord must serve a written notice to the tenant to that effect. Such notice must be served at least 12 months prior to the anticipated date of eviction and must be sent through the Notary Public or by registered mail. The provision as such is described under clause 2 of Article (25) of the Tenancy Law which states as follows:
"Landlord may demand eviction of tenant upon expiry of tenancy contract limited to the following cases:
a. If the owner wishes to demolish the property for reconstruction or to add new constructions that prevent tenant from benefitting from the leased property, provided that necessary licenses are obtained;
b. If the property requires renovation or comprehensive maintenance which cannot be executed while tenant is occupying the property, provided that a technical report issued by Dubai Municipality or accredited by it is to be submitted to this effect;
c. If the owner of the property wishes to recover the property for use by him personally or by his next of kin of first degree provided that he proves that he does not own a suitable alternative property for that purpose;
d. If the owner of the property wishes to sell the leased property;
And for the purposes of clause (2) of this Article, landlord must notify tenant with reasons for eviction at least 12 months prior to the determined date of eviction subject that such notice be sent through the Notary Public or by registered mail."
In view of the foregoing it may be advised that you may seek eviction of your tenant provided you serve notice for the same a year before the anticipated date of eviction. Thus you may serve the eviction notice this month for your tenant to vacate the property in the month of November, 2015.
However, since the tenancy contract will expire in the month of August 2015, you may consider renewing the contract for a shorter term of three months (that is from August to November) for good order. However in order to do so, you will have to serve a notice, 90 days prior to the expiry of the existing contract, in accordance with Articles 13 and 14 of the Tenancy Law which state as follows:
"For the purpose of renewing tenancy contract, landlord and tenant upon expiry of the tenancy contract may amend any of the contract's terms or review the rent whether by increase or decrease. If the parties do not reach an agreement regarding this, the Committee may decide fair rent considering the standards referred to in Article No. (9) of this Law."
"If either party of tenancy contract wishes to amend any of its conditions pursuant to Article (13) of this Law, then he must notify the same to the other party not less than 90 days prior to expiry date, unless both parties agreed otherwise."
No legal recourse without contract
I was offered a good job by a company in Dubai and I also got an offer letter. I served my notice period with the previous employer and got my visa cancelled but on the very first day of my job, the new company's office closed and it is still closed.
The manager's number is also switched off. Now I am worried what to do in this case. Please suggest what I have to do in this case.
It is understood that you were offered employment in Dubai pursuant to which an offer letter was issued to you. Subsequently, you resigned from your previous employment and also you got your visa cancelled. But now you have realised that your prospective employer is not reachable and the offices of the entity have also been shut down.
In view of the foregoing, it may be advised that you may not have a legal recourse against the prospective employer in the existing case, since you have not signed any contract with the employer which may give rise to mutual obligations, nor can you establish any contact with the company as their office is shut down.
|Ashish Mehta, LLB, F.I.C.A., M.C.I.T., M.C.I.Arb., is the founder andManaging Partner of Ashish Mehta & Associates. He is qualified to practise law in Dubai, the United Kingdom, Singapore and India. He manages a multi-jurisdictional law firm practice, providing analysis and counselling on complex legal documents, and policies including but not limited to corporate matters, commercial transactions, banking and finance, property and construction, real estates acquisitions, mergers and acquisitions, financial restructuring, arbitration and mediation, family matters, general crime and litigation issues. Visit www.amalawyers.com for further information. Readers may e-mail their questions to: email@example.com or send them to Legal View, Khaleej Times, PO Box 11243, Dubai.|