Question:
A year ago, I rented a villa from a real estate office for a year, and it was mentioned in the lease contract that eviction is at the end of the contract. A month ago, the real estate office sent me a letter asking me to vacate at the end of February 2023.
According to the real estate office, it signed a lease contract for a new tenant at the beginning of March 2023. My question is that I am currently not ready to vacate, so does the real estate office have the right to evict me by force? What are the necessary legal measures to take, and do I have the right to continue and renew the lease despite the existence of the eviction clause in the lease? Please advise.
Answer:
The real estate firm does not have the right to evict you by force despite the existence of the eviction clause in the lease.
As per Article 6 of the Law No. 26 of 2007 (“the tenant continues to occupy property after expiry of the contract period without any objection by the landlord, then the contract shall be renewed for similar period or for one year, whichever is less, with the same terms and conditions.”)
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 peal 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 rroperty 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 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.
Recental Dispute Centre
You have to file a petition in the Rental Dispute Centre to renew the contract and deposit the new cheques under the Offer and Deposit service.
You have to provide the Rental Centre with the new original cheques for the new rental period and some documents like:
(a) Your notice to the lessor of deposit (through Notary Public, Registered Post with receipt of acknowledgment or Email),
(b) Proof of the lessor refusing to receive rent cheques or amounts.
