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USA/Canada

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© 2024 Totality Real Estate LLC. All rights reserved.

Contact

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UAE

UK

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© 2024 Totality Real Estate LLC.

All rights reserved.

What happens if a landlord evicts a tenant wrongfully?

Dubai’s rental market is governed by clear regulations that protect both landlords and tenants. Under Dubai Law No. 26 of 2007, amended by Law No. 33 of 2008, landlords must follow specific legal procedures when evicting tenants. If a landlord wrongfully evicts a tenant—meaning they have not complied with the law—there can be significant consequences. Here’s a detailed look at what happens in cases of wrongful eviction in Dubai.

  1. Tenant Rights Under Dubai’s Rental Law

    Dubai’s rental law offers tenants strong protections against wrongful eviction. Landlords are required to provide valid reasons and sufficient notice if they wish to terminate a tenancy. According to Article 25 of Law No. 33 of 2008, landlords can only evict tenants under certain circumstances, including:

    • Non-payment of rent after 30 days' notice

    • Use of the property for illegal purposes

    • Failure to comply with the lease terms

    • If the landlord or a close relative needs to live in the property, but with 12 months’ notice

    If a landlord fails to follow these legal procedures, the eviction may be considered wrongful, and the tenant has the right to take action.


  2. Filing a Complaint with the Rental Dispute Settlement Centre (RDSC)

    If a tenant believes they have been wrongfully evicted, they can file a complaint with the Rental Dispute Settlement Centre (RDSC), a dedicated body for resolving rental disputes in Dubai. Tenants can challenge their eviction by providing evidence that the landlord did not comply with the law—such as lack of proper notice, absence of valid reasons, or manipulation of eviction terms.

    The RDSC will review the case, and if the eviction is found to be unlawful, they can:

    • Reinstate the tenant’s right to the property by annulling the eviction

    • Award compensation to the tenant for any financial or emotional damages caused by the eviction


  3. Potential Compensation for Wrongful Eviction

    Tenants who have been wrongfully evicted may be entitled to financial compensation. The amount awarded typically depends on the extent of the damage, such as loss of property, relocation costs, or any inconvenience caused by the sudden move. Compensation could also be awarded if the eviction was found to be in bad faith, such as evicting a tenant to charge a higher rent to a new tenant.

    The RDSC takes into account factors like rental price inflation, moving costs, and any financial losses the tenant may have incurred.


  4. Landlord’s Liability for Breach of Law

    If the RDSC finds that a landlord has acted unlawfully in evicting a tenant, the landlord may face legal penalties. These include:

    • Fines or penalties imposed by the authorities for violating tenancy laws

    • Legal fees and court costs associated with the dispute

    • Potential damage to the landlord’s reputation, particularly if the eviction was found to be in bad faith or done for financial gain

    Moreover, landlords found guilty of wrongful eviction may be prohibited from evicting tenants in similar circumstances in the future, as the RDSC may impose further restrictions on their ability to remove tenants without valid reasons.


  5. Negotiating with the Landlord

    In some cases, a tenant may prefer to negotiate directly with the landlord to resolve the situation. This could involve requesting additional time to vacate the property or compensation for the early termination of the tenancy. Some landlords are willing to negotiate an amicable exit to avoid legal disputes and maintain their standing in the market.

    However, if the landlord is unwilling to cooperate, the tenant can still proceed with filing a formal complaint through the RDSC.

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