# Ejari Question



## Eamon (Mar 5, 2009)

Just signed a new rental contract with my current landlord, and signed vacating letter at same time (as quite the norm here). Is there any point in having this contract registered with Ejari? If so, why and who is legally responsible to do this. I have read its the landlords responsibility to do this, but as many things in Dubai, a lot is "forced" onto tenant.


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## Chocoholic (Oct 29, 2012)

Vacating letter? Never heard of that.

Whose responsibility for registering the contract is debatable (this has been discussed and argued here a LOT) - some LL's will, but not many. Some say it's the LL's responsibility, others say the tenants - I have posted an article before where it stated that it was upto the tenant to sort it out, but it depends who you speak to. It's only costs 195 Dhs and you can do it at many typing centres - I used the one in Mazaya Centre, if you have all your paperwork, it literally takes 10 minutes.

It is in your best interest to have it registered, as it's now a requirement for taking up any issues with the rent committee or RERA.


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## Tropicana (Apr 29, 2010)

Eamon said:


> Just signed a new rental contract with my current landlord, and signed vacating letter at same time (as quite the norm here). .


A vacating letter is definitely not a norm here till very recently, maybe the agent claimed it was, but maybe it will start becoming common


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## Chocoholic (Oct 29, 2012)

Tropicana said:


> A vacating letter is definitely not a norm here till very recently, maybe the agent claimed it was, but maybe it will start becoming common


So what does this mean then? I've never come across this. Does it give LL's an excuse to kick you out after a year?


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## Tropicana (Apr 29, 2010)

That is my guess; had never heard of it till now.


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## Chocoholic (Oct 29, 2012)

Tropicana said:


> That is my guess; had never heard of it till now.


I wouldn't sign one of those - never heard of that. Shocking. Clearly many tenants are taking their cases to RERA and winning, so this is the new tactic to boot tenants out, so rents can be raised. Awful.


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## w_man (Apr 16, 2010)

.... But how does that work? I thought the landlord must provide a 'valid' reason to eject a tenant. 12 month notice is only one criteria but providing a valid reason eg: landlord (or immediate relative) moving in etc. If there is no valid reason, the vacating letter would be useless, no?

Is this not true? Am I missing something?


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## Ogri750 (Feb 14, 2008)

It is also a requirement for renewing family visas (if you are the sponsor not the company)


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## Eamon (Mar 5, 2009)

w_man said:


> .... But how does that work? I thought the landlord must provide a 'valid' reason to eject a tenant. 12 month notice is only one criteria but providing a valid reason eg: landlord (or immediate relative) moving in etc. If there is no valid reason, the vacating letter would be useless, no?
> 
> Is this not true? Am I missing something?


Im assuming that your move in date is actually your 1 yr notice date too...LOTS do it now


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## w_man (Apr 16, 2010)

Eamon said:


> Im assuming that your move in date is actually your 1 yr notice date too...LOTS do it now


Which I understand - so they are meeting ONE requirement of the law by giving you the 12 month notice. But my understanding was for a landlord to evict you or decide NOT to renew the contract was to provide a VALID reason for him wanting to evict you. Eg: He's moving in himself or selling the property etc. I thought a landlord can't just give you a 12 month notice to get you out so he can raise rent and rent to someone else.

Anyone know of this or has any experience?


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## w_man (Apr 16, 2010)

So this is what I found under Law 26. It doesn't look like a landlord can evict you without any of the 4 specified reasons .... This is specifically upon the expiry of tenancy contract. There's another section for evicting prior to the expiry but that's a different scenario.



> 2. Landlord may demand eviction of tenant upon expiry of tenancy contract
> in the following cases:
> 
> a. If development requirements in the Emirate requires demolition and
> ...


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## QOFE (Apr 28, 2013)

w_man said:


> So this is what I found under Law 26. It doesn't look like a landlord can evict you without any of the 4 specified reasons .... This is specifically upon the expiry of tenancy contract. There's another section for evicting prior to the expiry but that's a different scenario.


I would also quote law 33 as it's an amendment of law 26.

http://www.dubailand.gov.ae/english/Tashjee/RulesandRegulations/Law 33.pdf


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## robert19802 (Dec 16, 2013)

Eamon said:


> Just signed a new rental contract with my current landlord, and signed vacating letter at same time (as quite the norm here). Is there any point in having this contract registered with Ejari? If so, why and who is legally responsible to do this. I have read its the landlords responsibility to do this, but as many things in Dubai, a lot is "forced" onto tenant.


Hi Eamon,
first of all, signing a vacating letter should not be the norm. There are precise laws in Dubai regulating termination of contract and evictions. Tenants should not accept such practice and refer to other properties if landlords want to enforce a vacating letter along with the tenancy contract. 
Said that, you MUST register the rental agreement with Ejari. It's the only way you can get legal protection in case something goes wrong with the landlord. /snip/
Both tenants and landlords can register with Ejari. Again, this task (and related cost) may fall upon any of them depending on their mutual agreement. In Dubai, it's common to see tenants doing the Ejari registration.
/snip/


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