Dubai tenant defiant over landlord’s subletting claims

Mario Volpi advises a tenant who has been falsely accused of subletting his apartment and refused a new tenancy contract as a result.

A Dubai tenant has been denied a contract renewal after being told that he has been subletting the apartment. istockphoto.com

My rent contract is due for renewal this month. I went to the real estate office managing the property matters of my landlord to renew my rent contract last week and give them the cheques for the next contract term. However, they told me they cannot renew on account of my subletting the apartment or sharing the apartment.

I informed them that my apartment is only occupied by my family and they have received incorrect information. They told me they have received a call from an unknown person saying he is living in my apartment. I asked them to call this unknown person to clarify matters. Further I told them that they can check my apartment immediately and ask my neighbours / watchman to confirm if my apartment is only occupied by my family. However, they advised me they cannot renew.

So far the real estate office of my building has not given me anything in writing stating the reasons for asking me to vacate, nor have they come to my house to seek any confirmations. It is very difficult for us to move out of the apartment on short notice. Further I don’t want to leave my apartment as we have spent a lot of money and time to furnish this house.

What is the law in Dubai? Can they evict us without furnishing any facts? Can I deposit the rent cheques at Rera in case the real estate office does not accept?

On another note, the landlord sent us a rent increase notice three months ago to increase my rent by 20 per cent as per the Rera calculator. I have not challenged the rent increase, but recently two or three flats were rented at a much higher price so we feel the landlord is playing games to get higher rent. We don’t want to spend too much time and money over legal matters but we certainly don’t want to leave the apartment. RJ, Dubai

I find it very strange that neither the agent nor the landlord are ready to come and inspect the property to verify your story. I can only guess that the landlord and/or his agent are indeed just wanting to get vacant possession by making up stories about your living arrangements.

I would not worry at this stage but I would definitely go to Rera and pay your rental cheques to them after explaining your situation. Subletting is illegal if the landlord does not agree or know about it, but the burden of proof is on the landlord, if this is the reason of eviction. If necessary, open a case at the rental committee with supporting documentation.

I’m in the second year of my contract and my landlord has not raised the rent. In the second year renewal contract he inserted the following clause: “The tenancy contract shall not be renewable. The tenant acknowledges that he is vacating the premises at the end of the tenancy period and that he should leave the premises at the end of his lease contract in a good condition with Dewa, Empower, du and all other utilities final bills delivered to the owner unless agreed otherwise with the owner three months before the expiry of this contract”.

1. Does this mean I have to vacate by the end of the year? This is not an official notice so I would presume not.

2. He has informed me on the phone of his intention to sell the property and I have allowed for various agents to view the premises. But he has not informed me in writing

I would like to renew my tenancy as per the rent calculator at the end of the year. Should I bring this to his attention? If he serves me a notice today, does that mean I have to vacate in 12 months from today, halfway through the 2015 rent contract that I hope to sign? SI, Dubai

Tenancy contracts that state they are not renewable are not recognised by law, as all tenancy agreements are renewable. You therefore have the right to renew your agreement with the landlord. If the landlord wishes to sell the property, as would seem to be the case here, then this is obviously allowed but you will not have to vacate the property until the landlord issues you your 12 months’ notification notice in the prescribed way, ie via notary public or registered mail and the 12 months period has elapsed. If the property remains unsold during this notice period you are entitled to stay until such time as a buyer is found.

Mario Volpi is the managing director of Prestige Real Estate in Dubai (prestigedubai.com). He has 30 years of property industry experience in the emirate and London. Send any questions to [e-mail]

The advice provided in our columns does not constitute legal advice and is provided for information only. Readers are encouraged to seek appropriate independent legal advice

Please note that Mario Volpi is now on holiday and cannot answer any questions until his return on August 20, 2014

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