Deal or no deal: eviction notice served before moving in to Dubai villa

We've found a villa in Al Sufouh, Dubai and will be paying the full asking price of Dh350,000. Our problem arose when they whipped out another one page document which is essentially an eviction notice. They said "sign or no deal". We felt very uncomfortable about this as we haven't even moved in. We asked why and after a lot of noise the landlord said there was a chance he would move in. We know he owns 16 investment properties in Dubai and [we believe] the real motivation is to a) kick us out so he can put the rent up more than RERA laws would permit, b) use it as a tool for future negotiations. My question is, do we have to sign? D, Dubai

Being served a 12 months’ notice before you have actually moved in does appear to be unsettling but unfortunately is not uncommon. The reasons behind this eviction notice are what we should be concentrating on. You have to ask yourself if moving into a villa for just one year is worth it? There are plenty of other options available if you do not have the patience to deal with a landlord who is this demanding right from the beginning. That said, if you are set on this particular villa, then my comments are as follows:

As per the law, the 12 months’ notice has to be presented to you in a certain manner; it has to be notarised by a notary public and delivered to you via registered post. It would appear your notice has not followed the correct procedure.

The reason for eviction must also be stated. You already suspect your landlord is being economical with the truth in saying he needs the property as he is moving back in. This is his right if he is being honest. If you do go ahead with the let and then after you have moved out subsequently discover he has relet it, then this is what you can do. The law states that the landlord cannot evict a tenant for the reasons of reletting to someone else for a higher rent. You have up to two years from the date you were evicted to open a case at the rent committee, if you have proof that the landlord has relet the villa within this period mentioned after you were made to move out.

As stated you will need to make a choice of whether to go ahead on this particular villa or not. If your landlord owns 16 other properties he is asking you to vacate for one reason only and that is not allowed.

You will still have to go through the hassles of moving out because before you can be proved right and get any compensation, the whole episode has to be completed, even if you are already certain of the outcome. This will all take time. Sadly, your landlord is already wanting to try to buck the law instead of concentrating on getting himself good tenants, who will look after his property and enjoy living in his villa for years to come. The choice is yours. Personally I would look elsewhere.

My lease is up in Jan 2014. My landlord told me in Jan 2013 he is planning to sell his property. Then he gave me a letter which says the lease will not be renewed next year and that he is giving me a 12 month notice, but the letter doesn't say anything about wanting to sell the property. If he tells me next Jan that he wants to sell, then would I be within my rights to ask him for a proper letter stating this, sent to be by registered mail? I'm happy for him to backdate it. If I vacate and he does not sell, then can I ask for a compensation? HP, Dubai.

Your landlord has to give you 12 months’ notice to vacate should he want to sell the property. This notification should be notarised and sent to you via registered post. You do not have to vacate the property until it has been sold, so no compensation is required. You will however have an opportunity to discuss potentially staying on with the new owner. If the new owner has bought the property to live in you will have to vacate as long as you have had at least 12 months’ notice.

Mario Volpi is the managing director of Prestige Real Estate in Dubai. He has 29 years’ of property industry experience in the emirate and London. Send any questions to mario@prestigedubai.com