# Ejari contract T&C



## Sparkysair (Jul 16, 2008)

Hi all, I'm hoping that there's an expert out there who can help me with this! I'm in the process of renewing by tenancy contract and I'm trying to get the landlord to agree that I (or he) can give one month's notice at any time during the tenancy period. I'm paying 12 checks so I want to be able to leave mid-way through the year and get my cheques back. 

Oddly the stumbling block in this is not the landlord but the agent. They are trying to tell me that the terms and conditions of the Ejari contract are completely set in stone and cannot be amended or added to. I can well believe that the basic terms are set, which is fine. But in the sample on their website, you can select and add standard terms and also put in additional terms 'registered by the user as per the agreement between the two parties'. To my mind, this means there are some pro forma clauses that can simply be selected and added to the generated contract, but there's also a box you can type extra stuff in to!

If there's anyone out there (Bigjimbo?) who is familiar with Ejari and can help me, I'd really appreciate it.


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## Jumeirah Jim (Jan 24, 2011)

You can write any form of tenancy contract you like. There's no legal requirment to use any standard format despite what the agents may say. 

The agent's complaint will be about the Ejari system where they register the tenancy contract online with the Dubai Land Dept. I haven't use Ejari but expect it doesn't like unusually terms. The way around this may be to find out how the tenancy contract can be registered off-line. It used to be possible to simply hand over a copy at the DLD and they would register for you. Not sure if that still works. 

A couple of points to bear in mind. 

If you're planning to hand over 12 cheques to the landlord I expect that you will find it very difficult to track him down if you want to break the tenancy contract and get back your cheques. Landlords are very good at disappearing on long overseas trips when this happens (although he'll still have someone in Dubai to bank your post dated cheques - don't worry....!) Ideally you would pay him month by month although I'm sure that would be a tough one to agree. 

Second point is that if you don't use the "standard"/"non-negotiable" tenancy contract then you may find you have problems with the likes of Etisalat/Du. I've had them tell me that my "non-standard" tenancy contract is not valid so they would not connect me. When I asked which law stated I had to use the "non-negotiable" tenancy contract of course they couldn't answer and referred me to their legal dept, who inevitably would take weeks or months to reply. Its best therefore to use the "non-negotiable" tenancy contract, despite the nonsense it includes, then tag on your own page of special conditions as a separate page. A lot of agents do this and you are free to add whatever special conditions you like.


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## BedouGirl (Sep 15, 2011)

As a company, we standardly negotiate a similar clause into our tenancy agreements but we find two months is preferred by most landlords. In some cases, we have to make the two months a penalty amount and in others, we manage to make it a notice period. The standard contract has a section for additional clauses which can be continued on the reverse side. In your case (and I hate to say it), I think the twelve cheque scenario may go against you, bearing in mind you cannot stop cheques in this part of the world and also how easy will it be for you to get your security deposit back? Do you think your landlord might consider a six month lease and then you could negotiate to extend if necessary? The way things are at the moment (there seems to be another round of retrenchments in both Dubai and AuH going round) you may find your landlord more open to negotiation than you would have anticipated.


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## Sparkysair (Jul 16, 2008)

Hi guys and many thanks for your answers. I'm relieved to hear that there is no practical reason why the clause can't be written in to the contract if it's agreed by both parties. The agent also manages the property for the landlord who is overseas and it's the agent rather than the landlord himself who are being difficult. I proposed the one month notice term fully expecting to end up agreeing to 2 months! I'm also renewing my tenancy for the apartment I already live in so won't have the Du problems thank goodness. 

As the agents are managing the property they hold my cheques so the plan is that when I leave I'll sit on their doorstep until they give them back. I'll be leaving the tenancy to leave the country so worst case scenario my bank account will be cleared and closed anyway. 

I'll talk to the agents again today and try and explain that there is no legal reason the clause can't be written in to the contract and lodged with Ejari. BedouGirl, would it be possible for you to tell me the exact wording of the clause you use in your contracts?

Thanks again


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## BedouGirl (Sep 15, 2011)

Hi not in the office today but can do it tomorrow if that's not too late.


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## Sparkysair (Jul 16, 2008)

BedouGirl said:


> Hi not in the office today but can do it tomorrow if that's not too late.


Thanks, much appreciated


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## Bigjimbo (Oct 28, 2010)

Sparkysair said:


> Thanks, much appreciated


Sorry coming in a bit late to this. The Ejari form is not standardised yet, but that is yet. There are ramblings that it may be coming. For now the Landlord or managing agent fill out an additional contract for registering with Ejari. The terms on the negotiated contract should not be affected. For the record the suggested termination clause from RERA is 2+2. 2 months notoce and penalty, but it is up for negotiation.


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## BedouGirl (Sep 15, 2011)

Two months' notice, in writing, may be given by either party wishing to terminate this contract before the expiry date. In such cases, the Landlord shall refund the balance of the rent for the remaining term of the contract to the Tenant.

The above is an approximation of what we use. In some cases, we have to pay a penalty - it all depends on the landlord and how flexible they are. The other point here is you should include something along the lines of:

Any schedules/amendments and additions attached to this tenancy contract form an integral part of this agreement.

Make sure he signs and initials every page.

At the end of the day, we find this works for us as a company. Of course there are no guarantees that your landlord will go along with it. I reiterate what I said previously, I would go for a six month contract from the offset, you can always renew on a month by month basis - I don't think your landlord would have a problem with it. Perhaps I am just too old and too old fashioned but I wouldn't want to leave here with the thought of cheques not clearing. You never ever know if you may want to come back. People say they won't but stranger things have been known to happen. And, at some point (perhaps not in my lifetime haha) it's possible that banks and credit systems here may align with the western world...you just never know.

Anyway, it's none of my business so I apologize if I have over stepped the mark but I guess I am entitled to my opinion - good luck with this and I hope I have been able to help a little.


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## Sparkysair (Jul 16, 2008)

Thanks Bigjimbo. I actually emailed Ejari to ask them to confirm whether the clause can be added and miraculously just got an answer!:


Dear Sir/Madam,

Thank you for your message . Any terms or condition can be add in tenancy contract and outside user who is using EJARI can add it

Regards,

ERES Support.


Now all I've got to do is bamboozle the agent in to agreeing to let me give a months notice


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## Sparkysair (Jul 16, 2008)

BedouGirl, you're a star! Thanks so much and I do appreciate your thoughts too. The main thing is I have a starting point from which to begin my negotiations. Goodness knows what we'll end up agreeing on but I'm really pleased I have confirmation from you lovely people and Ejari that an additional clause can be added.


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## BedouGirl (Sep 15, 2011)

Good luck - please let me know how you get on.


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