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Renting in Dubai: Is your house being demolished? After reconstruction, you have the right to return

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Renting in Dubai: Is your house being demolished? After reconstruction, you have the right to return

June 20, 2022
in Guide, Tenants' Guide
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Houses can have a high emotional significance even if you are a tenant. Did you know that if you have lived in a house for years and it is being renovated or demolished, you have the right to return to it under Dubai’s renting laws?

Article 29 of Dubai’s rental law, Law No. (33) of 2008, which governs the relationship between landlords and tenants in Dubai, explains a tenant’s ‘right of first refusal’ under such circumstances. But, exactly, what does the “right of first refusal” imply? What are your rights as a renter if you are ordered to vacate your home because it is being renovated or demolished? Here’s everything you need to know.

The notice period for demolition

To begin, if your landlord has informed you that your home will be demolished, according to Article 25 of Dubai’s Rental Law, the landlord must submit an eviction notice along with the reason for demolition 12 months before the eviction date.

The tenant must receive this notice through a Notary Public or registered mail. If the tenant does not comply with the 12-month notice, the landlord cannot evict them at the end of their tenancy contract.

In addition, if the landlord intends to demolish a property, they must obtain the requisite approval from Dubai authorities.

To proceed with the destruction, the landlord must show that it has obtained the necessary licenses and approvals from Dubai’s competent authorities. The decision to give a judgment based on the evidence provided is at the discretion of the Rental Disputes Centre (RDC).

What is the notice period for a property being renovated or restored?

The notice time is different in circumstances where a house is being renovated rather than demolished but still requires a tenant to vacate.

The landlord must notify the tenant of his decision to not renew the lease in order to restore or rebuild the property 90 days before the tenancy contract expires.

Can one return to the property?

You have the right to return to your residential unit when it has been restored or reconstructed, whether it is being refurbished or demolished. The ‘right of first refusal’ is the name given to this privilege.

The ‘right of first refusal,’ also known in Arabic as ‘hak al shoofaa,’ is a contractual condition or clause that allows one party to make an offer to buy, acquire, or deal on something before anyone else.

If an offer is turned down, the other party is free to receive proposals from others. This clause is frequently included in tenancy agreements. The goal is to allow a tenant to make a purchase offer on the rental home he previously occupied before the landlord can entertain offers from other possible buyers.

However, the tenant must use this privilege within 30 days of receiving notice from the landlord. The landlord has the right to offer the property to other possible tenants once the 30-day period has ended.

The subject will be decided by the rental committee in Dubai if there is a disagreement about the new rental sum.

Also Read: Tenants should know these 9 rules when renting in Dubai

Tags: DemolishDubaiReal EstateReconstructionRenting in DubaiUAE

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