Question:
A year ago, I rented a villa in Dubai. After 3 months, I asked the landlord to do maintenance for the villa, but he refused, so I did the maintenance. Currently, the owner of the villa asks me to vacate the villa and refuses to renew the contract under the pretext that the owner of the villa wants to use it for himself. My question, does the landlord have the right to refuse to renew the contract? Am I legally entitled to claim the maintenance value? Please advise.
Answer:
I would advise the questioner that:
1 - He doesn’t have the right to vacate you or not to renew the contract for the purpose that he wants it for himself because he must notify you of the eviction twelve (12) months prior to the date set for eviction. Paragraph 2 of Article 25 of Law No. (33) of 2008 Amending Law No. (26) of 2007 Regulating the Relationship between Landlords and Tenants in the Emirate of Dubai states that (“Upon expiry of the Tenancy Contract the Landlord may request eviction of the Tenant from the Real Property only in any of the following cases:
a) Where the owner of the Real Property wishes to demolish the Real Property to reconstruct it, or to add any new constructions that will prevent the Tenant from using the Real Property, provided that the required permits are obtained from the competent entities;
b) where the Real Property is in a condition that requires restoration or comprehensive maintenance that cannot be carried out in the presence of the Tenant in the Real Property, provided that the condition of the Real Property is verified by a technical report issued by or attested to by Dubai Municipality;
c) where the owner of the Real Property wishes to take possession of it for his personal use or for use by any of his first-degree relatives, provided that the owner proves that he does not own another Real Property appropriate for such purpose; or
d) Where the owner of the Real Property wishes to sell the leased Real Property.”
For the purposes of paragraph (2) of this Article, the Landlord must notify the Tenant of the eviction reasons twelve (12) months prior to the date set for eviction, provided that this notice is given through a Notary Public or registered post.)
2 - You are entitled to claim the maintenance costs unless it is agreed otherwise in the tenancy contract because, as Article (15) of the mentioned law (“The Landlord will be bound to hand over the Real Property in good condition, which allows the tenant full use as stated in the Tenancy Contract”). Article (16) states that (“Landlord shall, during validity of the tenancy contract, be liable for undertaking maintenance of the property and shall rectify any defects or faults that affect tenant’s intended benefit from the property, unless the two parties agree otherwise.”)
