In Dubai’s competitive rental market , tenants frequently need help with difficulties and inquiries about their legal options and rights. Within this discourse, we tackle two situations where renters seek clarification on their legal rights: one concerns the landlord’s demand for a year’s rent upfront, and the other concerns a 12-month notice of eviction. It is indeed essential to comprehend your legal rights and alternatives as a renter while handling such circumstances.
Scenario 1: Asking For The Entire Year’s Rent Up Front
● Contact with Landlord: The tenant reports that the landlord has asked for the entire year’s rent upfront, tying it to the cancellation of an eviction notice and the lease renewal. The tenant’s offer to pay a portion of the amount is still pending.
● Legal Repercussions: Dubai landlords can usually demand upfront rent payments. Tenants, however, are free to bargain and suggest a prorated fee. In case the landlord does not respond, the renter can feel apprehensive.
Rights Concerning Renewal And Eviction:
The tenant is indeed entitled to stay in the premises if the eviction notice is based on the plan to sell the property and the property is still unsold after the 12-month notice term.
There may be variations in the procedure. It is crucial to verify the Real Estate Regulatory Agency’s rental calculator for allowable increases in case the landlord gives another notice to raise rent within the ninety days preceding the end of the existing lease agreement.
Legal Action And Documentation:
Discussions On WhatsApp as Evidence
The renter cites their discussions on WhatsApp as documentation of their agreement with the landlord. These casual exchanges might be used as evidence, particularly in conflicts where parties must go to court.
Tenants may pursue legal recourse through the Rent Dispute Settlement Committee (RDSC) if discussions are unsuccessful. 3.5% of the rent is the fee for filing a complaint. 3.5% of the rent is the fee for filing a complaint. By having faith in the procedure, the RDSC can render a decision.
Scenario 2: Personal Use Only; 12-Month Eviction Notice
● Eviction Notice for Personal Usage: In this case, the landlord’s usage was the reason for the tenant’s 12-month eviction notice. The renter recognizes the two-year prohibition on the landlord renting out the property again for residential use.
● Reimbursement for Repeat Rental: The tenant poses an intriguing query: may the evicted tenant bring a claim for reimbursement if the owner temporarily resides there before releasing the space?
● Legal Analysis: The law is silent on the situation when the owner resides briefly before re-letting, even though it is clear that there is a two-year ban on residential re-letting following an eviction for personal use. In technical terms, the time frame is crucial, especially if the landlord transgresses the two-year limit.
Conclusion
Navigating Dubai’s rental market necessitates having a thorough awareness of the laws and rights of tenants. Tenants who want a fair and transparent renting experience must be aware of Dubai’s real estate market changes and take action to protect their rights.
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