# difficult tenant at end of contract.



## agiv (Aug 14, 2013)

I need some advice on a tenant refusing to leave apartment at end of tenancy contract.
Last year i was supposed to move back to the UAE for work and i had informed the estate agent dealing with my apartment of my intention to relocate to UAE at the time and asked them to provide notice to the tenant at the time so that i could move into the apartment on my arrival. I was informed that as per the law and the contract that was signed, i would have to give the tenant a one year notice. As a result i had to defer my relocation to this year. The agent also advised me at the time that they would also draw up a new contract that would also allow for me or the tenant to give a 6 months notice period at the end of the existing contract as opposed to the one year. This contract was agreed/signed by both parties. I have now given notice to the tenant and they are refusing to leave saying that the law states that i have to give them a year notice for me to get back my property even though that was not what we had agreed and signed on the tenancy agreement. 
what is the best way for me to proceed with this as i really need my flat back for when relocate to UAE later in the year otherwise i will lose this work opportunity.


----------



## boris&L (Aug 7, 2013)

There is a new regulation on tenancy and rental agreements. My advice is to check dubailand RERA website, you will find all relevant info and regulation texts. I will not rely on any other info, since laws have changed and not very sure if real estate agents are that good here to pick up the latest buz on time.


----------



## agiv (Aug 14, 2013)

boris&L said:


> There is a new regulation on tenancy and rental agreements. My advice is to check dubailand RERA website, you will find all relevant info and regulation texts. I will not rely on any other info, since laws have changed and not very sure if real estate agents are that good here to pick up the latest buz on time.


Thanks Boris for the response. 
The agent is well aware of the RERA contract.. 
In fact last year, before the tenancy was up for renewal, I had requested to terminate the tenancy contract at the time- but the agent had stated that the RERA clause required a year's notice period which was also captured in the tenancy contract.
I was then advised to follow the previous year contract and continue for another year but with a new clause added to the new tenancy agreement that would allow either parties to give a 6 months ( not one year) notice period.
This new tenancy contract was agreed and signed by both parties at the time without any issues.
I have now given the 6 months notice to the tenant to let them know of my intentions afterr the notice period expires and they are saying that as per the law, they will not move unless i give them a year notice!. This makes no sense. What is the point of the tenancy contract then?
I need my apartment back and want to know the best way to resolve this issue. i have followed the law and procedure on this so i do not understand why the tenant is being so difficult.


----------



## Jumeirah Jim (Jan 24, 2011)

This is not as straight forward as you think as the Rent Committee may or may not recognise the 6 month notice clause put in the latest contract. They may say that you need to allow the tenant 12 months as required by the law. Sometimes they won't let you agree to opt out of what they law says. 

The agent should have advised you to get a separate letter from the tenant undertaking that he/she would vacate the apartment on the agreed date. The RC take notice of these letters so you would have been better protected. 

You need to bear in mind that the landlord and tenant laws and the RC are generally there to protect tenants, not landlords...


----------



## Tropicana (Apr 29, 2010)

agiv said:


> Thanks Boris for the response.
> The agent is well aware of the RERA contract..
> In fact last year, before the tenancy was up for renewal, I had requested to terminate the tenancy contract at the time- but the agent had stated that the RERA clause required a year's notice period which was also captured in the tenancy contract.
> I was then advised to follow the previous year contract and continue for another year but with a new clause added to the new tenancy agreement that would allow either parties to give a 6 months ( not one year) notice period.
> ...



I hope you get your apt back, but the reason some tenants are difficult is because for every landlord who actually needs the place for his own use, there are others who lie about it, and evict tenants claiming "personal use" only to get someone new.


----------



## earthworm88 (Jun 14, 2013)

Perhaps I am missing something here, but I don't understand why your agent recommended a six month notice period clause in the new contract when you had the intention of wanting the apartment back at the end of the 12 month nenewal lease?! Since you had already known you will be relocating back while the first year contract was finishing up, but had to defer due to the rental regulation, then the second year lease should have been a non-renewable contract, and as JJ mentioned, get a letter from tenant that they understood and will vacate 12 months later to avoid any issues. 

But I guess it is water under the bridge now. You will have to consult RERA/rent committee with your documents, hopefully it will be in your favor (sometimes laws & regulation supersedes the contracts unfortunately). Also, have a plan B in place in case you have to live somewhere else for 6 months before you can get your apartment back. No matter what, DO NOT trust the real estate agents! Know the laws (sometimes the contracts are a joke depending on whom you are up against) and deal directly with the tenants and cut out the useless middle man for any future communication. 

Good luck! Lots of bad landlords and bad tenants everywhere, it is luck of the draw.


----------



## agiv (Aug 14, 2013)

Thanks all for all your responses. It is looking not so favourable for me right now. I will take my complaints to rera and see how that progresses. i hear the process is long winded though so its looking more like i may have to turn down this work offer as i really cannot afford to pay for rent in Dubai. It makes me so angry that despite paying the estate agents to do their work, i am the one paying the consequences for their incompetence! i am still baffled as to why the terms of the tenancy contract as signed and agreed by the tenant may not be enforcible. it just does not make sense. This is really messed up!!


----------



## Tropicana (Apr 29, 2010)

agiv said:


> like i may have to turn down this work offer as i really cannot afford to pay for rent in Dubai. !


??

If the tenant stays, he will pay rent for that duration which you can use to offset your own rental costs, or am I missing something


----------



## agiv (Aug 14, 2013)

I wish it was that easy tropicana. Unfortunately, i have a young family here in the USA and i still have to pay the mortgage for the property here as well as paying rent in UAE should i relocate.Not sustainable.


----------

