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Wrongful Evictions in Dubai

Wrongful Evictions in Dubai

Lawgical with Ludmila Yamalova

22 August 2023

Tim Elliott
Welcome to Lawgical, the UAE’s first and only regular legal podcast. My name’s Tim Elliott. I’m with Ludmila Yamalova, Managing Partner of the Dubai-based legal firm Yamalova & Plewka. Ludmila, it’s always great to see you.

Ludmila Yamalova
Good to be here with you, Tim.

Tim Elliott
This episode of Lawgical is a lighter one—a shorter version, perhaps—and it’s all about wrongful eviction. This topic is interesting to me because I’ve personally been through an eviction as per the law. I’ve just been given a year’s notice where I live, and I received the court eviction notice a few months ago. I had just renewed my rent. My landlord says he wants to sell the house, so he’s within his rights. That’s not wrongful eviction. But in Dubai, if a landlord wrongfully evicts a tenant, it’s the law, isn’t it, that the tenant can claim compensation?

Ludmila Yamalova
Correct. By way of recap, tenancy laws in the UAE are emirate-specific. If we’re talking about properties in Dubai, they’re governed by Dubai’s rental laws. Other emirates have their own rental laws. Today, we’re focusing on Dubai’s rental laws and the Dubai rental courts.

As you rightly pointed out, evictions in Dubai are subject to strict terms and a high burden of proof. Landlords must have valid grounds for eviction, which we’ve covered in previous podcasts. For wrongful eviction, the focus is on cases where landlords evict tenants under the pretense of moving into the property themselves or selling it.

In Dubai, lease contracts automatically renew on the same terms unless there’s a valid reason for eviction. One such reason is if the landlord wants to move into the property for personal use or commercial purposes. To evict a tenant, the landlord must provide one year’s notice through a Dubai notary or the UAE notary system, as you’ve experienced.

Tim Elliott
Yes, I received the notice legally. My landlord wants to sell the house, so it all seems above board.

Ludmila Yamalova
That process is correct. However, the eviction is only valid if the landlord’s reasons are truthful. For instance, if they claim they want to sell the property, they must genuinely sell it. If they claim they want to move in, they must actually take possession and use the property themselves.

If a landlord evicts a tenant under these pretenses but instead re-rents the property, that’s wrongful eviction. In such cases, the tenant can seek fair compensation, which we’ll discuss shortly.

Tim Elliott
This is a timely topic because the Dubai property market is booming, prices are soaring, and landlords might be tempted to misuse eviction laws.

Ludmila Yamalova
Exactly. While some landlords follow the correct protocol and have genuine reasons, there’s a growing trend of landlords evicting tenants under false pretenses to re-rent properties at higher rates. They may assume tenants won’t pursue legal action.

We’ve seen cases where landlords initially claim they want to demolish or renovate the property, then switch to saying they want to increase the rent significantly. This reflects the rapid rise in property values, with some properties doubling in value.

Tim Elliott
Let’s use my case as an example. My landlord says he wants to sell the house, so I’ll move out. But if I later find out the property was re-rented, is it worth pursuing a case through the Rent Disputes Committee (RDC)?

Ludmila Yamalova
It depends on the circumstances. If you move out and find a comparable property at a similar cost, the impact might be minor. However, if the move significantly affects your finances or lifestyle—such as increased rent, downsizing, or logistical challenges—it may be worth pursuing compensation.

In the past, tenants might have hesitated due to the perceived hassle of going to court, hiring lawyers, and dealing with hearings. But today, the RDC process is fully online. You can file and manage your case without leaving your home or hiring a lawyer.

Tim Elliott
That certainly makes the process more accessible. What proof would I need to show that my landlord re-rented the property?

Ludmila Yamalova
There are a few ways to gather proof:

  1. Ask the new tenant for a copy of the tenancy agreement.
  2. Request the RDC to obtain the rental agreement from Ejari. Since Ejari is connected to the Dubai Land Department (DLD) and Real Estate Regulatory Agency (RERA), the RDC can request this information.

If you strongly suspect wrongful eviction but lack direct proof, you can still file a case and request the court to obtain the tenancy records from Ejari.

Tim Elliott
How is compensation calculated in wrongful eviction cases?

Ludmila Yamalova
Compensation is called “fair compensation” and is based on measurable damages. For example:

  • If your new rent is higher, you can claim the difference for up to two years (for residential properties) or three years (for commercial properties).
  • If you downsized due to affordability, you can claim the difference in value between your previous and current accommodations.
  • Additional costs, such as moving expenses, hotel stays, or maintenance costs for the new property, can also be claimed.

Tim Elliott
It seems like the legal framework is well-established, with plenty of precedents to rely on.

Ludmila Yamalova
Absolutely. Dubai Law No. 26 of 2007, later amended by Law No. 33 of 2008, regulates landlord-tenant relationships and provides robust protections for tenants. Article 25, in particular, addresses wrongful evictions.

The process is straightforward, the courts are efficient, and the law is firmly on the tenant’s side. Many tenants successfully pursue claims without hiring lawyers, as the system is designed to be accessible.

Tim Elliott
That’s Lawgical on wrongful evictions in Dubai. As always, thank you for watching, listening, or both. Thanks to our legal expert, Ludmila Yamalova, Managing Partner here at Yamalova & Plewka.

Ludmila Yamalova
Thank you, Tim.

Tim Elliott
Find us at LYLAW on social media—Facebook, TikTok, Instagram, LinkedIn. Our podcasts are free at lylawyers.com and on your favorite podcast platform. If you’d like your legal question answered in a future episode of Lawgical or want to consult a qualified UAE legal professional, click Contact at lylawyers.com.

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