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A judicial ruling requires a European lease to compensate a tenant 700,000 dirhams

by Marwane al hashemi
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The Rental Dispute Resolution Center, the judicial arm of the Dubai Land and Property Department, issued a judicial ruling that is required to pay material and moral compensation for a tenant of 700 thousand dirhams, which is equivalent to three times the rental value.

The center pointed out that the details of the case are due to the fact that a European person rented a villa from a European owner as well, and filed the full rental value of the contractual year «2023-2024», so that the owner later sold the villa to a new owner

In turn, he filed a lawsuit against the tenant for not paying the rent, and demanded that he be evacuated, although the tenant had already submitted him to the former owner.

The center continued: «In a controversial procedure, the new owner of the villa registered an incorrect email address for the tenant when the case was underway, which prevented the arrival of legal notifications to him, and as a result of that the tenant was unable to attend the court sessions, and a ruling was issued in absentia against him to evacuate and compel him to pay the rent.

The Center for Recovery Dispute Resolution explained that the new owner was not satisfied with that, but rather continued to mislead the executive authorities using the incorrect email itself, which led to the implementation of the evacuation ruling and the delivery of the villa to it, as he asked the “execution judge” to take forced measures against the tenant, which included his arrest and preparation, preventing him from traveling, and reservations on his accounts, and his request was met.

The center continued, reviewing the details of the case: “When the tenant returns from his annual vacation, the villa locks were changed, but he managed to enter, to find the villa completely free of furniture, which forced him and his family to stay in a hotel, and he started a search trip that lasted for days to find out the reason for the evacuation of the villa, to discover later the issuance of a lawsuit against him without his knowledge, as it was found that the new lessor has registered An electronic error for the tenant when the case is under the lawsuit, which prevented the arrival of legal notifications to him, and as a result of the issuance of an absence of evacuation.

The center stated that the tenant used lawyers to appeal the ruling, and was able to prove the incorrectness of the evacuation, and to mislead the lessor of the court, and after verifying the validity of the rented claims, the “center” canceled the evacuation ruling and all the executive measures that were taken against him.

He pointed out that the tenant was not satisfied with canceling the rulings, but rather filed a lawsuit against the lessor, asking him to compensate for the material and moral damages they suffered, given the abuse of the right to litigate and provide incorrect data, with the aim of obtaining a ruling to evacuate without the right.

The Rental Dispute Resolution Center confirmed that it had made a detailed investigation into the case, which included inspection of the damage to the tenant, the evaluation of the material expenditures it incurred, including the costs of residency in the hotel, the judicial expenses of challenging the rulings issued against it, and the wages of the law, and the center also evaluated the moral damage that was also caused by the tenant as a result of the sudden evacuation and suffering He was exposed to it.

The Center for Recovery Dispute Resolution indicated that after a careful study, he issued a ruling to compel the lessor to pay compensation to the tenant of 700 thousand dirhams, which is equivalent to three times the annual rental value of the villa, in compensation for the material and moral damage to him, and he also issued a ruling to compel the lessor to return the tenant to the villa, to ensure its stability and right to the housing that he contracted on.

The head of the Rental Dispute Resolution Center, Judge Abdel -Qader Moussa, affirmed the center’s commitment to protect the rights of both the lessor and the tenant, with the aim of stabilizing rental relations, and preventing the violation of one of them on the rights of the other, stressing the need to adhere to the law, and avoid any attempts to circumvent it.

He appealed to the head of the center the lessors not to resort to “legal tricks” to remove the tenants, with the aim of re -renting the property at higher prices, stressing that the center will not tolerate the response to these practices.

He said, “The lessors who prove their circumvents may face significant financial losses, as they will be obligated to pay compensation to the affected tenants may exceed the gains they sought to achieve.”

Judge Moussa stressed the importance of documenting all mutual correspondence between the lessor and the tenant, whether it is via e -mail or through other modern technology, indicating that the center is accustomed to these correspondence as evidence in the event of any differences between the two parties.

He explained that the tenants should adhere to the law, and not to delay the payment of the rent, explaining that the delay in payment may lead to their evacuation of the property, no matter how much the rent is. The tenants also advised that if the lessor refuses to receive the rental value, they can resort to the center to display and deposit the fare, which is considered a legal payment for rent.

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