Landlords and contract renewal
Discussion
After some advice
My rental contract is up at the end of June, had a phone call today from an estate agent, the landlord has put the apt up for sale
Am I right in thinking the following :
1.They have to give 90 days notice to increase the rent on a new contract
2. They still have to give you 1 years notice to move out
I know we are paying below market rate, anything upto 30% depending on who I speak too, if that's the case what % can he hike the rent, assuming he does nt try and kick us out
Thanks
1) Yes
2) Yes, and it had to be delivered in writing via registered mail or a court notarised letter.
What's your emaill address, I'll mail you a useful FAQ thing someone put together.
Use the rera rental increase calculator to find out what they can increase it by (put end of April as expiry date).
2) Yes, and it had to be delivered in writing via registered mail or a court notarised letter.
What's your emaill address, I'll mail you a useful FAQ thing someone put together.
Use the rera rental increase calculator to find out what they can increase it by (put end of April as expiry date).
A guy has just been through this at work (About 3 weeks ago) and sent this email:
Most of the people I talked to recently are facing the same issue: greedy landlord threatening to evict them. Don’t get intimidated, hold your grounds, the law is actually protecting the tenants.
I faced the same situation myself, and am now quite well informed, so I just wanted to share insights into the matter…
Below are a few FAQs that may be of interest:
In a nutshell: irrespective of what your tenancy contract says, the landlord cannot increase your rent beyond the rental index (http://www.dubailand.gov.ae/English/eServices/RentalIncreaseCalculatorEN.aspx) and cannot evict you except if he provides an official court order. Full stop.
Make sure you inform the landlord of your intention to renew within the legal framework, in writing 90 days prior to expiry of your agreement. Then, hold your ground if you are threatened, the landlord cannot do anything. If he refuses to renew the contract, well, don’t move, you may actually stay for free in the flat until he realizes he has no other choice 
• Lease automatic termination or non-renewability clause.
-Under Dubai tenancy laws, a tenancy contract does not terminate automatically. Instead, it renews automatically, on the same terms, until either parties agree to change the terms or terminate it. This is mandated by Dubai Law 26 of 2007, Article 6. Non-renewability clauses are held void, as they are contrary to the language of the law. The law effectively allows a tenancy contract to be infinitely extended on the original terms. Rent increases are governed by the Land Department.
• Changes of terms.
-In the event the landlord wants to change any of the terms, he must notify the tenant 90 days in advance, as per Law 33 of 2008, Articles 13-14. The tenant then has to agree.
-In the event the tenant does not agree to the changes in the contract, the parties should take the dispute to the Rent Committee. Without either an agreement or a Rent Committee judgement, a landlord cannot unilaterally change the terms of the tenancy agreement. Neither can the landlord force the tenant to sign a new agreement.
• Change of Landlord.
-If the apartment is sold during the term of your lease, the new landlord will be required to abide by the terms of your agreement with the previous landlord, as per Law 26 of 2007, Article 28. As such, the new landlord will be required to refund your deposit.
• Eviction.
-The landlord can request the property back if he intends to use if for himself or his next of kin. Under the Dubai Law No. 33 of 2008, Article 25(c), the landlord must prove that “he does not own a suitable alternative property for that purpose.” The burden of proof is on the landlord, to convince the Rent Committee that his intentions to move into your properties are sincere. Furthermore, he must live in that property for at least 2 years afterwards. If later it turns out that the landlord misrepresented and the property is rented by someone else shortly thereafter, the previous tenant is entitled to compensation in the amount of the rent.
-If your landlord intends to sell the property, he can evict you at the end of your tenancy agreement, provided he gives you a 12-month notice, according to Law No. 33 of 2008, Article 25c. The 12-month notice period applies irrespective of when your lease expires.
-An eviction notice can only be in the form of an official order, stamped from the public notary of the court, registered by the Rent Committee and sent through registered mail. Such court order will give you 12-month notice irrespectively. Following these 12 months, the property will be blacklisted and cannot be rented out for 2 years.
-Side signed letter or non-renew-ability clause in the contract are held void, as they are contrary to the language of the law.
HTH
Claire
Most of the people I talked to recently are facing the same issue: greedy landlord threatening to evict them. Don’t get intimidated, hold your grounds, the law is actually protecting the tenants.
I faced the same situation myself, and am now quite well informed, so I just wanted to share insights into the matter…
Below are a few FAQs that may be of interest:
In a nutshell: irrespective of what your tenancy contract says, the landlord cannot increase your rent beyond the rental index (http://www.dubailand.gov.ae/English/eServices/RentalIncreaseCalculatorEN.aspx) and cannot evict you except if he provides an official court order. Full stop.
Make sure you inform the landlord of your intention to renew within the legal framework, in writing 90 days prior to expiry of your agreement. Then, hold your ground if you are threatened, the landlord cannot do anything. If he refuses to renew the contract, well, don’t move, you may actually stay for free in the flat until he realizes he has no other choice 
• Lease automatic termination or non-renewability clause.
-Under Dubai tenancy laws, a tenancy contract does not terminate automatically. Instead, it renews automatically, on the same terms, until either parties agree to change the terms or terminate it. This is mandated by Dubai Law 26 of 2007, Article 6. Non-renewability clauses are held void, as they are contrary to the language of the law. The law effectively allows a tenancy contract to be infinitely extended on the original terms. Rent increases are governed by the Land Department.
• Changes of terms.
-In the event the landlord wants to change any of the terms, he must notify the tenant 90 days in advance, as per Law 33 of 2008, Articles 13-14. The tenant then has to agree.
-In the event the tenant does not agree to the changes in the contract, the parties should take the dispute to the Rent Committee. Without either an agreement or a Rent Committee judgement, a landlord cannot unilaterally change the terms of the tenancy agreement. Neither can the landlord force the tenant to sign a new agreement.
• Change of Landlord.
-If the apartment is sold during the term of your lease, the new landlord will be required to abide by the terms of your agreement with the previous landlord, as per Law 26 of 2007, Article 28. As such, the new landlord will be required to refund your deposit.
• Eviction.
-The landlord can request the property back if he intends to use if for himself or his next of kin. Under the Dubai Law No. 33 of 2008, Article 25(c), the landlord must prove that “he does not own a suitable alternative property for that purpose.” The burden of proof is on the landlord, to convince the Rent Committee that his intentions to move into your properties are sincere. Furthermore, he must live in that property for at least 2 years afterwards. If later it turns out that the landlord misrepresented and the property is rented by someone else shortly thereafter, the previous tenant is entitled to compensation in the amount of the rent.
-If your landlord intends to sell the property, he can evict you at the end of your tenancy agreement, provided he gives you a 12-month notice, according to Law No. 33 of 2008, Article 25c. The 12-month notice period applies irrespective of when your lease expires.
-An eviction notice can only be in the form of an official order, stamped from the public notary of the court, registered by the Rent Committee and sent through registered mail. Such court order will give you 12-month notice irrespectively. Following these 12 months, the property will be blacklisted and cannot be rented out for 2 years.
-Side signed letter or non-renew-ability clause in the contract are held void, as they are contrary to the language of the law.
HTH
Claire
If it isn't registered with Ejari I would do that yes.
Just checked the email that is linked in here, don't see a PM?
Edit - The above is an abridged version of what I would have sent over so no need.
Stick with that and you will be fine.
I think where it all falls down out here is people not following up on units once they have been evicted so landlords get away with relisting at current (higher) prices.
Just checked the email that is linked in here, don't see a PM?
Edit - The above is an abridged version of what I would have sent over so no need.
Stick with that and you will be fine.
I think where it all falls down out here is people not following up on units once they have been evicted so landlords get away with relisting at current (higher) prices.
Edited by dxbtiger on Monday 31st March 06:04
K50 DEL said:
Love that Claire... thanks for posting
It will undoubtedly help me when negotiations for renewal begin shortly.
Del, ping me over your email address, I'll send the doc I have as well, basically breaks down everything to do with renting here.It will undoubtedly help me when negotiations for renewal begin shortly.
Should probably sticky it actually!
K50 DEL said:
Love that Claire... thanks for posting
It will undoubtedly help me when negotiations for renewal begin shortly.
Ditto, great post Claire. ps - Did you get to the Motogp? I bought the Motogp package in the end, and went to bed with a big Smile on my face as the Dr is back!It will undoubtedly help me when negotiations for renewal begin shortly.
One question....My agreement ended on 26th January, and haven't heard from the landlord since then as he is very busy with work. So, I guess it's automatically renewed then...on the same terms, even though I'm below the RERA rental guidelines, or do I have to suffer the 'normal' increases?
Cheers.
Well interestingly if the terms in that document are strictly adhered to then it seems my landlady can't raise our rent as we're less than 3 months away from renewal and I've heard nothing from her.... wonder if she realises that!
(I'm assuming that I've read that part of it right.... Claire..... anyone?)
(I'm assuming that I've read that part of it right.... Claire..... anyone?)
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