Unwarranted evictions and post-covid rent hikes: Reiterating your rights

The law that forbids landlords from re-renting out a property after evictions, isn't benefitting the people as much as it should. The tenant may file a lawsuit if the landlord raises the rent, but most tenants don't want to spend money on a legal battle as the cost of legal justice is rising daily.

The Real Estate Regulatory Agency (Rera), based on a rent formula it created and ran, sets the guidelines for rent increases and decreases in Dubai. If you check the rental calculator today, it still displays the price from Covid times because it hasn't been brought up to speed in the past two years. The reason landlords aren’t happy with their current prices are because properties like theirs are getting rented at prices at least 30/40% more than what they’re charging.

However, it is important to keep in mind that many landlords did reduce their rent during Covid in order to assist their tenants, who were frequently facing job loss or pay reductions. But tenants who’ve been evicted suffer from a sudden hike in price relative to what they were living off of which put a severe strain on these people who were not ready to face the new post-covid price range.

Recently, it has become customary for tenants to receive their eviction notices via email or WhatsApp messages. According to the 2008 Landlord and Tenant Law, a landlord must serve an eviction notice in person before a notary public or through registered mail if they want to evict a tenant. What's more, the landlord must give justification for the eviction. The Landlord and Tenant Law of 2008 specify the circumstances under which landlords may evict their tenants. The 2008 Landlord and Tenant Law distinguish between evicting a tenant who has a lease that is about to expire and evicting a tenant who has a lease that has already expired.

In the Emirate of Dubai, the laws expressly outline the rights of landlords and renters in order to fairly balance the power between the parties. It is clear that tenants have the right to remain in their homes unless there is an urgent legal justification, and that landlords have the right to increase rent following a set method.

It is imperative that the legal justice system in Dubai constantly updates itself on all matters post-covid so that the people aren’t misled with regard to price hikes and/or price drops of a certain commodity. In order to avoid incurring additional costs by referring their dispute to the RDC, it is advised that both landlords and tenants become familiar with Law No. 33 of 2008 (the Landlord and Tenant Law). It is always best to seek the advice and assistance of a legal expert if either party is unsure about a specific legal provision.

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