Being abruptly ordered to vacate your apartment or villa can cause significant psychological and financial strain. In Dubai, however, landlords are legally permitted to ask for the eviction of renters if they want to utilize the property for personal purposes, so long as they give the tenant adequate notice. But what if a landlord asks you to vacate your house on the grounds that he needs it for his own use, only to rent it out to a different renter later on? According to the Dubai Land Department (DLD), a tenant has a right to compensation from the landlord in these circumstances.
In an awareness post on its social media channels on August 24, DLD informed tenants about this right. They stated: “Did you know that the tenant has the right to claim compensation from the landlord if they were evicted from the property because the landlord desires to sell the property or use it for personal purposes, including renting it to another tenant?”
If a landlord wants to sell the property or use it for personal gain, they are entitled to evict the renter. However, they must fulfill two requirements in order to do so.
First, the landlord must provide the tenant a 12-month notice delivered by registered mail or notary public, and second, the landlord must demonstrate that they do not possess another property fit for their personal use. The renter has the right to compensation if it is revealed that the landlord did not utilize the property [for personal purposes].
The Rental Dispute Settlement Center must grant approval for the landlord to evict a tenant in order for him to use the property for personal uses (RDSC).
According to Article 26, the RDSC must grant the landlord possession of the property if the landlord has sought to evict a tenant on the grounds that he intends to use it for his own personal use or for the use of any of his first-degree relatives. This must be done in accordance with Article 25, clause 2 (c).
Unless the RDSC specifies a shorter term for such possession, the landlord is not permitted to rent the property to a third party until at least two years have passed from the date of possession for residential property and three years for non-residential property.
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When does the tenant claim compensation?
The tenant may seek compensation if the landlord breaches the time frame specified in Article 26.
The tenant may ask the RDSC to grant him just compensation if the landlord rents the property to a third party before the expiration of the two-year, three-year, or other period specified by the RDSC.
How can the tenant claim compensation?
The tenant must present the RDSC with proof that the landlord breached Article 26 in order to request compensation.
After considering the relevant facts, circumstances, and the tenant’s losses, the RDSC will decide on a just settlement for the tenant.
How much is the compensation?
The compensation has no set cash amount and is determined by a number of variables.
The RDSC judge has discretion over the amount of compensation and may take into account a variety of things, including the tenant’s moving expenses, any increases in rent, and any other monetary losses sustained.
Know your rights as a tenant
Tenants should be informed of Article 26 and comprehend their rights in this circumstance.
When attempting to enforce Article 26, the renter must inform the landlord. This can cause the landlord to reconsider, particularly if they did not serve the notice on legitimate grounds as required by Article 25.
Checking to see if the property is listed for rent online is one way to determine whether the landlord rented out their property to a third party prior to the passing of two years.
The tenant can keep an eye out to see if the landlord or family members are using the property or if it has been rented to a different tenant. Checking to see if the property is listed for rent on several real estate websites is one approach to do this.