The Landlord Wants Tenant to Vacate the Villa After Tenant Paid for Repairs and Decorations

Landlord and Tenant:

Background:

Our client a year ago, rented a villa in Dubai. Currently, he is in his second year. He did maintenance on the villa in addition to decorations, which cost him large sums of money.

Currently, the landlord sent him a message asking him to vacate the villa upon the expiry of the contract.

Advice from the Experts:

We would advise the following:

According to Article 25 of the law no. 33 of 2008 amending law no. 26 of 2007 Regulating the  Relationship Between Landlords & Tenants in the Emirate of Dubai, the Landlord may demand eviction of tenant upon expiry of tenancy contract:

1. If the owner of the property wishes to recover the property for use by him personally or by his next of kin of first degree provided that he proves that he does not own a suitable alternative property for that purpose.
2. If the landlord wants to sell the property.

Tenant Eviction Notice

However, the landlord must notify the tenant with reasons for eviction at least twelve months before the determined date of eviction subject that such notice being sent through the Notary Public or by registered mail. If he did not notify the tenant, he will not be able to evict him.

Moreover, “If the Committee decided for the landlord to recover the property for his use, or use by his first degree next of kin under the provision of this paragraph, then landlord shall not rent the property to others for at least two years for residential properties and three years for non-residential properties from the date of recovery of the property unless the Committee decides less period for reasons considered by it, otherwise the tenant shall have the right to request the Committee to order proper compensation to him.”

Maintenance Permission by the Lessor

Regarding maintenance, you have the right to claim it unless otherwise agreed by the two parties provided that the tenant may not, as per Article 19 of the law, affect any change or perform renovations or maintenance on the property unless upon permission by the lessor. Article 16 of the same law assures that “the lessor shall be responsible during the lease term for maintenance works of the property and for repairing any malfunction or failure that affects obtaining the desired usufruct unless otherwise agreed by the two parties.”

As for decoration, the landlord is not responsible for re-paying it upon eviction taking into consideration that such works also a prior permission from the landlord as mentioned above. Moreover, according to Article 23 of the law, the lessee may not, upon evacuating and handing over the property, remove any fixed improvements added thereby, unless otherwise agreed upon by the parties.

Selling Property

If the landlord intends to sell the property, he shall give a notice one year before the expiration of the tenancy agreement. In case, the tenancy leaves the property and the landlord does not sell the property. The tenancy has a right to raise a claim and demand compensation.

If you are looking for legal advice on any matter, kindly don’t hesitate to contact us.

You might be interested to read about The Definitive Guide to Resolving Rental Disputes in Dubai.