Rental Dispute: Defending Good Faith Eviction
- Rental Law
- Dubai Rental Disputes
- Good Faith Defense
Case Overview
Challenge
Former tenant filed AED 80,000 claim alleging bad faith eviction for higher rent
Strategy
Document genuine intent to sell with Green List registration and purchase offers
Outcome
Claim dismissed in full with tenant ordered to pay all fees and costs
The Dispute
In one of Dubai's quiet neighborhoods, a dispute arose between a villa owner and his former tenant. The tenant believed her eviction was merely a pretext for the landlord to rent the villa at a higher price, so she filed a claim seeking AED 80,000 in compensation for rent differences and moving costs, accusing the landlord of bad faith and abuse of rights.
But the truth was far more nuanced.
The Evidence
The landlord's legal memorandum, meticulously drafted and supported by documents, showed that he had fully complied with Dubai's rental laws by notifying the tenant, twelve months in advance, of his genuine intention to sell the property.
To prove his sincerity, he provided:
The Defense
In a well-founded legal defense, the landlord's counsel highlighted that the tenant provided no proof of damage — no new lease contract showing higher rent, no moving expenses, and no brokerage receipts. Her claim rested on unsubstantiated allegations.
The defense emphasized that compliance with the legal requirement of a 12-month advance notice for owner's intent to sell, coupled with documented evidence of genuine intent, should not be penalized simply because market conditions changed.
Case Timeline
The Judgment
After reviewing the case, the Rental Dispute Committee rendered its fair judgment: The claim was dismissed in full, and the claimant was ordered to bear all fees and costs.
The Committee confirmed that re-leasing the property within two years of eviction does not automatically constitute bad faith nor entitle the former tenant to compensation, as long as the landlord proves genuine intent to sell.
Key Finding: The landlord provided comprehensive evidence of genuine intent through Green List registration, documented purchase offers, and financial documentation. The fact that market conditions prevented completion of the sale did not negate the good faith of the original eviction notice.
Key Legal Principle
“The law judges based on evidence and intent, not on assumptions or timing. Good faith remains the strongest defense before the law.”
