# Not giving 90 days notice on tenancy



## Shardman1981 (Feb 12, 2016)

Hi,

So we are coming to the end of our first year living in Dubai. We originally moved into a small one bed apartment but now need more space. We sent our landlord a note a few weeks ago saying we did not wish to renew the contract believing we had only a months notice to give . However he has recently come back to us saying that we had given him 45 days notice (which is true) and he legally requires 90 days if we wish to end.

We have also agreed a new apartment since which is bigger and paid the deposit (but not signed the contract or paid the agency commission) . In hindsight this was naïve but we were unaware of the 90 days clause.

At this point the landlord wants us to come back to him with a suggestion of what we want to do. He hasn't demended anything yet, but has made it clear we are in breach of contract. My thoughts are he wants something in the way of compensation and will not demand we stay for another year - but until I speak to him I will not know for sure. I am due to meet him in a few days and am keen to have all the information I need before I do.

Has anyone had a similar experience or have any reccommendations on how to procede?

Thanks


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## TallyHo (Aug 21, 2011)

Go speak with RERA. They will tell you exactly what rights you have and what you might be liable for.

The landlord is correct in that you were supposed to give 90 days notice (a ridiculous amount of time, I agree, but the flip side is that the landlord has to give you a year's notice if he wants to evict you). But the interesting part is that you did notify the landlord 45 days in advance and he never bothered to respond or say anything until very recently? If you're lucky RERA may interpret this lack of communication over a few weeks to be tantamount as the landlord agreeing to you leaving.

I suspect at most you're liable for is the equivalent of two month's rent. They can't force you to renew the rental contract against your will.


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## Shardman1981 (Feb 12, 2016)

Thank you for the reply. Yes, I will speak to RERA and fully understand my rights. That is also correct that he didn't come back to us for nearly 4 weeks after we sent him the note about wishing to leave - which is annoying since if he had come back to us sooner we wouldn't have looked for a new property immediately . It might be something we can leverage. 

I would rather not have to pay 2 months rent, but of course appreciate we may have no choice. If the tenancy ends though and we let him keep our deposit, does he have any real right in chasing more money from us? I guess I need to check al of this out.


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## TallyHo (Aug 21, 2011)

The grey area is indeed what happens if you simply walk away from the property and forfeit your deposit? Does he have grounds for coming after you for additional sums? RERA is the one who should confirm this. 

I suspect it could be that if he does, it would be an expensive undertaking so he would be unlikely to do so and just pocket the deposit.



Shardman1981 said:


> Thank you for the reply. Yes, I will speak to RERA and fully understand my rights. That is also correct that he didn't come back to us for nearly 4 weeks after we sent him the note about wishing to leave - which is annoying since if he had come back to us sooner we wouldn't have looked for a new property immediately . It might be something we can leverage.
> 
> I would rather not have to pay 2 months rent, but of course appreciate we may have no choice. If the tenancy ends though and we let him keep our deposit, does he have any real right in chasing more money from us? I guess I need to check al of this out.


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## twowheelsgood (Feb 21, 2013)

You have him 45 days notice and he is entitled to 90 days. His silence doesnt mean he agrees to anything.

You'll keep paying until 90 days from the date he was notified and there's nothing much you can do. He can simply do northing and refused nothing until the 90 days are up.

In Dubai its not unusual amongst my friends at least, to have a months overlap anyway simply because the risk is too great in having to move out and have nowhere else to go to.

Personally I am moving out of my place 30 days before the end of the tenancy so if the landlord tries anything clever with returning the deposit, I have time to go to the courts and still have somewhere to stay.


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## Shardman1981 (Feb 12, 2016)

Thank you. This makes sense, though my biggest worry which someone mentioned to me is that we automatically renew the contract for another by entering the final 90 days without giving notice. So could he claim that we have renewed for another year and try to then claim compensation based on that, or is that far fetched?


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## twowheelsgood (Feb 21, 2013)

Shardman1981 said:


> Thank you. This makes sense, though my biggest worry which someone mentioned to me is that we automatically renew the contract for another by entering the final 90 days without giving notice. So could he claim that we have renewed for another year and try to then claim compensation based on that, or is that far fetched?


I don't believe contracts are automatically renewed - landlords try that but unless one of you actively renews, the contract lapses.


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## mariot (Nov 4, 2013)

Shardman1981 said:


> Thank you. This makes sense, though my biggest worry which someone mentioned to me is that we automatically renew the contract for another by entering the final 90 days without giving notice. So could he claim that we have renewed for another year and try to then claim compensation based on that, or is that far fetched?


Please check your tenancy contract. The 90 day rule is to allow for any amendments to be made to the original tenancy contract by the landlord. Check what your termination clause is. If he tries playing hardball goto Rera with copy of your ejari and watch him squirm his way out of the mess


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## Shardman1981 (Feb 12, 2016)

mariot said:


> Please check your tenancy contract. The 90 day rule is to allow for any amendments to be made to the original tenancy contract by the landlord. Check what your termination clause is. If he tries playing hardball goto Rera with copy of your ejari and watch him squirm his way out of the mess


The contract states - "The landlord reserves the right not to renew the contract or increase the rent at the said property by informing the tenant ninety days prior to the expiry of the contract and tenant to give 90 days notice if tenant does not want to renew the contract"

So it is a little grey in terms of the consequences of giving 45 days notice instead.


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## mariot (Nov 4, 2013)

Shardman1981 said:


> The contract states - "The landlord reserves the right not to renew the contract or increase the rent at the said property by informing the tenant ninety days prior to the expiry of the contract and tenant to give 90 days notice if tenant does not want to renew the contract"
> 
> So it is a little grey in terms of the consequences of giving 45 days notice instead.


Not a grey area at all you've agreed to a 90 day notice period, best try find a replacement tenant or start negotiating with the owner as you're in breach of contract at present


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## Chocoholic (Oct 29, 2012)

This part of the contract "The landlord reserves the right not to renew the contract" will actually be overruled by the RERA rental laws, where landlords have to give 12 months notice, stating one of the 4 reasons for non-renewal. That part is null and void. Contracts automatically renew.


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## Haru (Oct 22, 2014)

Chocoholic said:


> Contracts automatically renew.


Ahh I was curious about this as well. I thought contracts automatically renew but wasn't sure. Is this true?

I think the standard clause is:
"If the Tenant does not renew the Tenancy on Expiry date he will have to pay the rent as demanded"

Not sure if it's correct, but I interpreted this as: if you do nothing by expiry date, then you are locked into another rental period. The only way out is to use the termination clause in the addendum (90 days notice for my old one).


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## Haru (Oct 22, 2014)

Sorry, think mine was 2 months notice for termination and 3 months for renewal. Not sure what it was if not renewing....

Just read your contract carefully.


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## mariot (Nov 4, 2013)

Haru said:


> Ahh I was curious about this as well. I thought contracts automatically renew but wasn't sure. Is this true?
> 
> I think the standard clause is:
> "If the Tenant does not renew the Tenancy on Expiry date he will have to pay the rent as demanded"
> ...


That's what the contract may say but as per RERA any changes to the contract must be notified 90 days before expiry, and rent as demanded must be as per the Rental Calculator. Who ever wrote the contract has slipped up


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## Haru (Oct 22, 2014)

mariot said:


> That's what the contract may say but as per RERA any changes to the contract must be notified 90 days before expiry, and rent as demanded must be as per the Rental Calculator. Who ever wrote the contract has slipped up


Ahh ok. I was just more curious about the auto renewal, if it does happen and what clause actually triggers it?


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## Chocoholic (Oct 29, 2012)

mariot said:


> That's what the contract may say but as per RERA any changes to the contract must be notified 90 days before expiry, and rent as demanded must be as per the Rental Calculator. Who ever wrote the contract has slipped up


Well no. Sadly most contracts state that - agents and owners, HOPE that tenants are dumb and don't know the laws and/or their rights. You'd be amazed at how many people don't have a clue.


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