Homefront: ‘Can my landlord evict me for subletting my flat?’

The property owner in Dubai Marina had verbally agreed to this living arrangement three years ago

The tenant has been sharing an apartment in Dubai Marina with two friends for three years and claims the landlord was aware of it. istockphoto.com

I’ve been living in an apartment for three years in Dubai Marina. My landlord is accusing me of subletting the apartment. I have been living in this apartment with two friends for three years now because I could not afford to pay the rent alone. My landlord was aware of this and had verbally agreed to the arrangement.

A few weeks ago, my landlord said he wanted to sell the apartment and also threatened to evict me over the phone.

I suspect he has tipped off the building management, who has mailed me saying that it is a family building and subletting is not allowed. They have given me 30 days to either vacate the premises voluntarily or face eviction.

I suspect my landlord has played a part in this because he cannot evict me from the apartment without paying me a penalty worth of two months' rent. What can I do about this? FS, Dubai

This is an interesting question, but I have a few questions of my own to ask. You say that the landlord is aware that you live with your friends and have done so for the past three years. Do you have anything in writing to support this?

I assume your name is the only one on the tenancy contract but at the time of signing, did the landlord know that others would live there with you? If the answer is yes and you can prove it, then it makes your case stronger. Having said this, if the building management insists that only families can live in the tower, coupled with the fact that now you do not have the support from your landlord for his own reasons, you most likely will have to vacate. The reason being your living arrangements contravene the rules of the building.

In this case, the landlord will have no alternative but to request you move out. However, presumably he knew about the community rules and yet still let you go ahead and rent the apartment, knowing the occupants were not family. This means that it will now be reasonable on his part to give you compensation for asking you to end the lease mid-term.

Alternatively, you could try being cooperative, as your landlord wishes to sell the apartment, and inform him that you could assist with viewings by allowing the agent time to show the property. This will buy you some time and perhaps allow you to vacate at the end of your agreement, rather than halfway through.

I realise this is not what you necessarily want to hear. However, like I said before, if you have proof he knew and agreed to the present living arrangements, you could try to file a case at the Rental Dispute Committee. I cannot confirm the outcome but as you appear to be in breach of the community rules, your case could be weak.

Mario Volpi is the sales and leasing manager at Engel & Volkers. He has worked in the property sector for more than 35 years in London and Dubai.

The opinions expressed do not constitute legal advice and are provided for information only. Please send any questions to [e-mail]