Find out whether you can avoid eviction in special cases.
Question: I am a resident of Sharjah and had to send my wife and children back home due to an emergency. They have to stay put in my home country for the next few months and, therefore, I have cancelled their visas. I reside in a 2BHK apartment in a ‘family only’ building and my renewal is coming up. Is there any way I can continue staying in the building as a bachelor? I won’t sublet the apartment or have other bachelors share it. But I need to retain the apartment as I plan on bringing my family back next year.
Answer: Pursuant to your queries, as you are residing in an apartment in Sharjah, the provisions of Sharjah Law No. 2 of 2007 on Regulating the Relationship Between Landlord and Tenant in the Emirate of Sharjah (Sharjah Rental Law) are applicable.
The Sharjah Municipality has notified the public that bachelors or single men are not allowed to reside in buildings and locations that are designated exclusively for families. Since you are residing in a building that allows only families, you may have to request your landlord in writing that you would like to renew the tenancy contract and continue to reside in the said apartment alone until you bring your family back to the UAE next year.
Further, in the letter addressed to the landlord, you may have to undertake that the rented apartment will not be shared and sublet to any individuals. Based on your request, your landlord may allow you to continue to reside in the current rented apartment.
However, if the tenant allows to share the rented apartment or sublet it to any other individuals without the permission of the landlord, the landlord may evict him. Further, the landlord may also evict the tenant if the rented apartment is used against the public order.
This is in accordance with Article 12 (4) of the Sharjah Rental Law, which states: “Landlord may not demand eviction of tenant prior to expiry of tenancy period before the elapse of three years as of the signature date of the lease contract unless in the following case:
If the tenant uses leased premises for a purpose other than those specified in the lease contract or in violation of its terms and conditions, or if he uses them for purposes contrary to public order or morality.”
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Based on the aforementioned provision of law, the public order may also include the order of Sharjah Municipality which does not allow single men to reside in apartments which are located in areas designated for families.
Further, you may also approach the Sharjah City Municipality and explain your situation and request the municipality to permit you to reside in the current apartment after renewal of tenancy contract until your family joins you next year.
Ashish Mehta is the founder and Managing Partner of Ashish Mehta & Associates. He is qualified to practise law in Dubai, the United Kingdom and India. Full details of his firm on: www.amalawyers.com. Readers may e-mail their questions to: [email protected] or send them to Legal View, Khaleej Times, PO Box 11243, Dubai.