# Sticky  The Rent Committee



## SilverClover

Hi all, 

I've been trying to get hold of the Rent Committee for a couple of days now to clarify what documents I need to take when I go there on Thursday, but no-one ever seems to answer and I'm getting the 'the number you have dialled is currently busy' auto message whenever I try lately. I've tried calling the Municipality for them to put me through to the Rent Committee, but no joy there, either. It just rings and rings.

My landlady is trying to increase my rent despite no entitlement (I've already checked this with the Rent Calculator and with the Rent Committee when I first brought it up with her in June, three months before the contract was due for renewal; the Rent Committee recommended I open a case with them). Despite me clearly pointing her to the Rent Calculator to show that there's no entitlement for an increase, she gave me three months' notice to leave when the contract expires on August 10, then stopped replying when I said that if we couldn't resolve the matter amicably, I'd go to the Rent Committee. It's all done by email, and it'll all be going with me to the Rent Committee on Thursday. 

But what else do I need to take? 

I have:
- Original tenancy contract (how do I know if this has been registered with RERA?)
- My passport/ID copies
- My landlady's passport/ID copies, plus her POA's details
- Copies of the cheques I gave them, plus the bank statements that show that I transferred the rent to them instead, as Citibank didn't like the signature on one cheque and kept returning it (statements also prove that the money was in the account, so it wasn't a bounced cheque due to lack of funds)
- Arabic-written letter of intent
- Copies of the email correspondence (this is in English; does it have to be translated?)

The DEWA bill is under the landlady's name still, but I also have my bank transfer receipts to show that I've been paying it. 

I'll be taking 3.5% of my rent along with me; are there any other fees that I don't know about?

Is there anything I'm missing? Anything I need to know?

Thanks!


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## TallyHo

I don't think you'll need to formally open a case. 

The landlady can't evict you in three months notice. You get a full 12 months after the conclusion of the current contract. Then she's not allowed to rent out the property for a subsequent two years.

Take all the documents you have plus the landlady's phone number. Odds are the people you speak to at RERA will simply call the landlady and tell her she's in the wrong.

As it is if the landlady isn't returning your calls your contract will automatically roll over and be renewed on the same terms. That's how the RERA people will put it.

Still, go down in person. But speak to RERA first before formally opening a case with the Rent Committee.



SilverClover said:


> Hi all,
> 
> I've been trying to get hold of the Rent Committee for a couple of days now to clarify what documents I need to take when I go there on Thursday, but no-one ever seems to answer and I'm getting the 'the number you have dialled is currently busy' auto message whenever I try lately. I've tried calling the Municipality for them to put me through to the Rent Committee, but no joy there, either. It just rings and rings.
> 
> My landlady is trying to increase my rent despite no entitlement (I've already checked this with the Rent Calculator and with the Rent Committee when I first brought it up with her in June, three months before the contract was due for renewal; the Rent Committee recommended I open a case with them). Despite me clearly pointing her to the Rent Calculator to show that there's no entitlement for an increase, she gave me three months' notice to leave when the contract expires on August 10, then stopped replying when I said that if we couldn't resolve the matter amicably, I'd go to the Rent Committee. It's all done by email, and it'll all be going with me to the Rent Committee on Thursday.
> 
> But what else do I need to take?
> 
> I have:
> - Original tenancy contract (how do I know if this has been registered with RERA?)
> - My passport/ID copies
> - My landlady's passport/ID copies, plus her POA's details
> - Copies of the cheques I gave them, plus the bank statements that show that I transferred the rent to them instead, as Citibank didn't like the signature on one cheque and kept returning it (statements also prove that the money was in the account, so it wasn't a bounced cheque due to lack of funds)
> - Arabic-written letter of intent
> - Copies of the email correspondence (this is in English; does it have to be translated?)
> 
> The DEWA bill is under the landlady's name still, but I also have my bank transfer receipts to show that I've been paying it.
> 
> I'll be taking 3.5% of my rent along with me; are there any other fees that I don't know about?
> 
> Is there anything I'm missing? Anything I need to know?
> 
> Thanks!


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## SilverClover

Thanks, TallyHo! That's really helpful.  

I didn't think she could do it either, but, according to the tenancy contract I have, either she or I can decide not to renew three months prior to the contract ending date, which is August 10. I spoke to the agent to state my interest in renewing, then her, in May - three months before. She gave me my marching orders because I refused the rent increase she's demanding. 

I'll give RERA and call and see what they recommend, then pop down there myself on Thursday. I've taken the day off work to try and get it all sorted, so hopefully I'll manage to see both RERA and the RC, if needed!

Thanks again. ^^


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## w_man

SilverClover said:


> Thanks, TallyHo! That's really helpful.
> 
> I didn't think she could do it either, but, according to the tenancy contract I have, either she or I can decide not to renew three months prior to the contract ending date, which is August 10. I spoke to the agent to state my interest in renewing, then her, in May - three months before. She gave me my marching orders because I refused the rent increase she's demanding.
> 
> I'll give RERA and call and see what they recommend, then pop down there myself on Thursday. I've taken the day off work to try and get it all sorted, so hopefully I'll manage to see both RERA and the RC, if needed!
> 
> Thanks again. ^^


Please keep us posted so we know what the process is. Some of the threads on this subject are older so it would be nice to know what the RC and RERA say/do about this.

Thanks and good luck.


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## rsinner

SilverClover said:


> I have:
> - Original tenancy contract (how do I know if this has been registered with RERA?)


This is the most important question. If this has not been registered with Ejari, I dont think the rent committee will entertain you. If you haven't done it yourself, there is very little chance that the landlord/agent would have done it for you.


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## TallyHo

Not necessarily true.

I know people who went to the rental committee without a registered contract and it wasn't an issue.



rsinner said:


> This is the most important question. If this has not been registered with Ejari, I dont think the rent committee will entertain you. If you haven't done it yourself, there is very little chance that the landlord/agent would have done it for you.


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## SilverClover

*An update...*

Here's a little update: 

I went to the Rent Committee this morning. Totally hassle-free process getting there (save for one security guard pointing me in the wrong direction...), hardly had any waiting time, very pleasant people to deal with. 

The downside was that I was missing two documents, so nothing could be processed. 

Despite all the calling, no-one told me that I needed to have my letter in Arabic in a specific format that's only available from the Rent Committee (I'll see if I can upload a version here, to save people the hassle). They also didn't tell me that I needed an Arabic version of my tenancy contract; mine's only in English, so now I have to pay to have it legally translated. 

Otherwise though, I was very impressed. I got there by taxi at around 8am, and by 9.20am I was on the metro all the way back at Internet City. If you're going by metro, it's very easy; just get off at Union Square, and Dubai Municipality is 250m or so away, over a bridge that crosses the road.

So, I'm now looking for a legal translator who can do a quick turnaround for me. Hopefully it won't be too expensive!


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## SilverClover

This is the form that the Rent Committee needs to have filled out, as the letter stating your issue and what you're expecting: http://i44.tinypic.com/2ntjqjs.jpg I don't read Arabic, so I can't clarify the content any more than that.  

I got my contract translated by Kamil Bashir Legal Translation. They received the document at around 11am/noon today, and the translation was ready by 4pm. For three pages, it cost me AED250... and they're going to deliver it to me on Saturday! (Big bonus for me as I don't drive, I live in JLT, and they're located in Hor Al Anz. 

For clarification, here are the documents that I took with me today, and that I was told were fine save for the letter and the English contract: 

- Tenancy contract (should be in Arabic, legally translated)
- Letter in Arabic (should be in the format as linked in the image above; format is avaialble from the Rent Committee) 
- My passport copy, back page and visa page
- The copy of the property sale and purchase agreement under my landlady's name (this has all of her details on it: Nationality, passport number, phone number and email address)
- A copy of the landlady's passport
- A copy of the DEWA application in the landlady's name (it's still registered to her)
- A copy of the landlady's local power of attorney's passport
- Print-outs of my email correspondence with the agent, and then the landlady, with her stating that I had to leave if I didn't pay the increased rent
- A copy of my bank statements to show the transfer of rent money* 
- A copy of my last DEWA receipt, to show that I'm paying the bill 

I don't think all of those papers were absolutely necessary, but I took them along anyway. You also need to pay 3.5% of your annual rent. I asked the girl I was dealing with whether I would get that back, and she said that the judge would decide during the hearing whether I would be reimbursed, whether it would come out of my rent or whatever. 

I also learnt that you need three copies of all documents. I'd only gone along with two copies and the originals. 

*I did provide the landlady with cheques originally, but Citibank decided they didn't like my signature on the first rent payment and declined to accept it twice. So, I paid by bank transfer; the statement is also proof that the cheque didn't bounce due to lack of funds, but rather an error with the bank. 


Hopefully this is helpful! I'll provide another update when I go back.


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## fudzzz

*Great info*

Thanks SilverClover, for keeping us updated on your situation and for providing all that useful info. It's helping me deal with my situation too.

One quick question. I am in a similar boat. My contract expires in a couple weeks and I want to renew it. I've already visited RERA and Rent Committee, and have also registered my contract with Ejari. Everyone has informed me that I have the legal right to renew this contract with no rent increase (confirmed by RERA calculator).

My question is, if I have emailed my landlord (and copied to the agent) my intention for renewal on the same terms, and if he doesn't respond (I told I am giving him two working days), what should be my next plan of action? Should I go through the hassle of lodging a complaint with Rent Committee with all the documentation you mentioned? Or should I first send a letter of renewal intention to both my landlord and agent via courier?

Ejari people have told me I can even stay sitting in my apartment till expiry and the agent will have to autorenew it anyway. But I just want to be SURE that I have fulfilled all my obligations. 

Cheers for your help. And please update us on your situation; hope it goes smoothly.


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## SilverClover

I have been meaning to update my post, but work's been running me ragged and I've just not had the time or energy to do so. 

I went back on Tuesday, and opened the case successfully. The date is next Tuesday! Far quicker than I expected, but I'm glad I'll know the result sooner, rather than later. 

I'd recommend getting there as early as possible; I arrived around 8-8.30am, and ended up leaving by around 12pm. The people who came in around 11am ended up having to wait much longer for appointments than me. 

fudzzz, further to my PM, my landlady didn't respond to the last email I sent to her, either. That was in May; I gave her plenty of time to answer. From what I've come to understand, if the landlord makes no move to renew your contract then it rolls over on the current terms and conditions, and you can stay in your apartment without having him/her remove you. So long as you stated your desire to renew, I think you're covered - but don't quote me on that! It might be worth going to the Rent Committee and having a chat with them about it, even if you don't lodge a complaint. The other thing I've come to learn is that the people who answer at the Rent Committee call centre don't necessarily know everything that the guys sitting in Dubai Municipality do. A bit of inside advice will never go amiss!

I've got fingers crossed that it'll all work out smoothly for you.


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## fudzzz

Thanks for your update Silver. Glad to know you got your claim successfully registered. 

As for me, I will have my translated documents by Sunday morning. I got them done by Diamond Translators, since they're located on Rigga street and are pretty close to the Rent Committee. I hope to zip in and out with my documents and head straight to the committee to register.

In addition to emails, I've also sent a notice via courier to both my landlord and agent. I've tracked it online and status is 'no one to receive'. Sneaky landlady, thinks she can get away with this so easily. Oh well. My email should still count; the letter was just an extra precautionary measure.

Hopefully all goes well for me on Sunday. It's extra stressful running around in the sun while fasting at the same time, but hey, I'm determined to not let these greedy bullies unlawfully take my hard earned money.

Best of luck with your appointment. Definitely give an update once it's done. I shall do the same.


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## SilverClover

I have a (hopeful!) conclusion to my saga! 

My appointment was scheduled for 9.45am today, but I didn't get seen until around noon. It was a long wait, but worth it! 

My landlady's power of attorney turned up to represent her. 

It was all over very quickly - the judge went over the paperwork, the PoA tried to argue points, but it all went in my favour! The landlady has to renew my contract on the same terms for another year, and they have to deduct the court fees from the cost of the rent. 

So, she wanted to raise the rent by 3000dhs... now she's going to be getting nearly 3000dhs less because she wouldn't settle outside of the Rent Committee. 

Yay! Very happy news.  

And it was a wonderfully smooth process from start to finish. I'd definitely recommend that anyone who's having landlord troubles visit - it's worth it, even just for the advice they can give you.


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## sammylou

SilverClover said:


> I have a (hopeful!) conclusion to my saga!
> 
> My appointment was scheduled for 9.45am today, but I didn't get seen until around noon. It was a long wait, but worth it!
> 
> My landlady's power of attorney turned up to represent her.
> 
> It was all over very quickly - the judge went over the paperwork, the PoA tried to argue points, but it all went in my favour! The landlady has to renew my contract on the same terms for another year, and they have to deduct the court fees from the cost of the rent.
> 
> So, she wanted to raise the rent by 3000dhs... now she's going to be getting nearly 3000dhs less because she wouldn't settle outside of the Rent Committee.
> 
> Yay! Very happy news.
> 
> And it was a wonderfully smooth process from start to finish. I'd definitely recommend that anyone who's having landlord troubles visit - it's worth it, even just for the advice they can give you.


thanks for keeping us updated throughout the process. it's great information for others who may end up going through the same thing!


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## dizzyizzy

SilverClover said:


> I have a (hopeful!) conclusion to my saga!
> 
> My appointment was scheduled for 9.45am today, but I didn't get seen until around noon. It was a long wait, but worth it!
> 
> My landlady's power of attorney turned up to represent her.
> 
> It was all over very quickly - the judge went over the paperwork, the PoA tried to argue points, but it all went in my favour! The landlady has to renew my contract on the same terms for another year, and they have to deduct the court fees from the cost of the rent.
> 
> So, she wanted to raise the rent by 3000dhs... now she's going to be getting nearly 3000dhs less because she wouldn't settle outside of the Rent Committee.
> 
> Yay! Very happy news.
> 
> And it was a wonderfully smooth process from start to finish. I'd definitely recommend that anyone who's having landlord troubles visit - it's worth it, even just for the advice they can give you.


Yay that's great news 

Question, was your previous contract registered with Ejari?


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## Mclovin oo7

SilverClover said:


> I have a (hopeful!) conclusion to my saga!
> 
> My appointment was scheduled for 9.45am today, but I didn't get seen until around noon. It was a long wait, but worth it!
> 
> My landlady's power of attorney turned up to represent her.
> 
> It was all over very quickly - the judge went over the paperwork, the PoA tried to argue points, but it all went in my favour! The landlady has to renew my contract on the same terms for another year, and they have to deduct the court fees from the cost of the rent.
> 
> So, she wanted to raise the rent by 3000dhs... now she's going to be getting nearly 3000dhs less because she wouldn't settle outside of the Rent Committee.
> 
> Yay! Very happy news.
> 
> And it was a wonderfully smooth process from start to finish. I'd definitely recommend that anyone who's having landlord troubles visit - it's worth it, even just for the advice they can give you.


Great news, congratulations!!!

Thank you for posting the entire process with so much detailed information on the forum.


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## SilverClover

dizzyizzy said:


> Yay that's great news
> 
> Question, was your previous contract registered with Ejari?


Not that I'm aware of, nope - I didn't register it, but the agent may have? No-one at the Rent Committee mentioned Ejari throughout the process. 




Mclovin oo7 said:


> Great news, congratulations!!!
> 
> Thank you for posting the entire process with so much detailed information on the forum.


You're welcome! I had a couple of hiccups along the way as the thread says, so hopefully this will help other people get things done smoothly .


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## w_man

SilverClover said:


> the PoA tried to argue points.


Great news! Congrats! Hope more people will go this route and change the poor notion of landlords having the upper hand in this country.

Do you by any chance remember what points the PoA tried to argue? Just a curiosity.

And was the preceding in English or Arabic?


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## SilverClover

w_man said:


> Great news! Congrats! Hope more people will go this route and change the poor notion of landlords having the upper hand in this country.
> 
> Do you by any chance remember what points the PoA tried to argue? Just a curiosity.
> 
> And was the preceding in English or Arabic?


It was mixed - I was spoken to in English, the PoA was spoken to in Arabic; he requested that we speak English for my sake, but there was still a lot of Arabic spoken.

The PoA first said that my email from the agent first mentioning the request rent rise was invalid, because the agent wasn't authorised to negotiate on behalf of the landlady - except it was there in black and white, in two emails, saying that he'd spoken to the landlady and that was what she wanted.

The second point he tried to raise was that the contract I had signed says renewal of the contract is at the owner's discretion, and that the owner can give three months' notice before the end of the contract if she doesn't wish to renew. The answer to both of those points was in Arabic, but from the tone of voice and his reaction they were to tell him that those points were invalid.

Everything else he argued about was in Arabic; just from body language and tone of voice, two guys from the Rent Committee were saying that whatever he was asking/arguing for was wrong. 

The PoA was definitely shocked when the decision was made in my favour! 

Unrelated to the above, but linked to the proceeding: one thing that I found slightly confusing was the set-up of the thing. We were in what looked like a conference room, with a meeting happening at the conference table (and lots of shouting by the group of guys sat around it), while we were dealt with at a small desk beside the conference table. It was two different meetings happening at the same time, and while we had one dedicated guy sorting our thing out, a couple of guys from the main conference table kept sharing their opinion, too. Very strange!


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## fudzzz

Congrats Silver! Great to know that you're sorted.

As for myself, I've had a rather hectic past couple days going back and forth to the rent committee in order to clear up some missing documents:

1. Original tenancy contract: For some reason, I don't have the original. I'm pretty sure when I first got the contract last year, the agent asked me if I wanted it or if he should hold on to it. Me being gullible, I told him he'll keep it safe better than me. (Never do that! Always keep your original contract. I learned the hard way). Anyhow, the rent committee chap was nice and looked over the title deed etc to verify that the contract copy I had was indeed the original. He told me to add a line in my Claim Form saying that I had proved this is the original contract.

2. Minor changes in claim form: Since my landlord's address was in Pakistan, he told me to change that to our agent's Dubai address and contact number instead. Also the translation service had slightly confused the last two sections (Details of Case, and Demands). Told me to write "Want to renew contract on same terms. Want landlord to reimburse me all relevant expenses in filing this claim", in the demands (last) section.

3. Letter from Bank: The fellow said that copy of my rent cheque + bank statement showing those funds had been deducted from my account are not enough. He said to get my bank to issue me a letter saying that the specific cheque (ref number) issued in person's name (landlord) was issued by the bank on the stated date. I don't know why the rent committee needs a letter instead of the bank statement, but I had to go do it. The bank was so confused and said it was not their policy, but a bit of persuasion and speaking to the manager finally sorted me out.

That's about it. I finally have all my required documents (fingers crossed). I'll be heading to the rent committee tomorrow, hopefully for the last time (excluding the hearing of course). 

And SilverClover is definitely right about getting there earlier. On Sunday I reached them at around 11 AM due to a delay from the translation service, and I waited for over 2 hours at least! I actually had time to nip out and head a couple of metro stations away to get some work done and nip back in time for my call, haha. Yesterday I reached at 9 AM and was called in about 30 minutes. So tomorrow, I plan on heading there at 8:30, lol. Wish me luck!

If everything goes well, I'll give a small update tomorrow.

As Silver said, if any of you are being harassed by your landlord and could use some guidance on your rights as a tenant, it wouldn't hurt to head down and visit the rent committee, or at the least give RERA a call at their helpline (600555556).


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## sammylou

fudzzz, please update us when you can.


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## Mclovin oo7

fudzzz said:


> Congrats Silver! Great to know that you're sorted.
> 
> As for myself, I've had a rather hectic past couple days going back and forth to the rent committee in order to clear up some missing documents:
> 
> 1. Original tenancy contract: For some reason, I don't have the original. I'm pretty sure when I first got the contract last year, the agent asked me if I wanted it or if he should hold on to it. Me being gullible, I told him he'll keep it safe better than me. (Never do that! Always keep your original contract. I learned the hard way). Anyhow, the rent committee chap was nice and looked over the title deed etc to verify that the contract copy I had was indeed the original. He told me to add a line in my Claim Form saying that I had proved this is the original contract.
> 
> 2. Minor changes in claim form: Since my landlord's address was in Pakistan, he told me to change that to our agent's Dubai address and contact number instead. Also the translation service had slightly confused the last two sections (Details of Case, and Demands). Told me to write "Want to renew contract on same terms. Want landlord to reimburse me all relevant expenses in filing this claim", in the demands (last) section.
> 
> 3. Letter from Bank: The fellow said that copy of my rent cheque + bank statement showing those funds had been deducted from my account are not enough. He said to get my bank to issue me a letter saying that the specific cheque (ref number) issued in person's name (landlord) was issued by the bank on the stated date. I don't know why the rent committee needs a letter instead of the bank statement, but I had to go do it. The bank was so confused and said it was not their policy, but a bit of persuasion and speaking to the manager finally sorted me out.
> 
> That's about it. I finally have all my required documents (fingers crossed). I'll be heading to the rent committee tomorrow, hopefully for the last time (excluding the hearing of course).
> 
> And SilverClover is definitely right about getting there earlier. On Sunday I reached them at around 11 AM due to a delay from the translation service, and I waited for over 2 hours at least! I actually had time to nip out and head a couple of metro stations away to get some work done and nip back in time for my call, haha. Yesterday I reached at 9 AM and was called in about 30 minutes. So tomorrow, I plan on heading there at 8:30, lol. Wish me luck!
> 
> If everything goes well, I'll give a small update tomorrow.
> 
> As Silver said, if any of you are being harassed by your landlord and could use some guidance on your rights as a tenant, it wouldn't hurt to head down and visit the rent committee, or at the least give RERA a call at their helpline (600555556).


Good luck!!!

Keep us posted.


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## de Mexicaan

Thanks to all contributors in this thread. Very good info. Perhaps it can be a sticky, I suppose many people will find this helpful.


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## vantage

This thread is what this forum is all about.

Excellent advice, and doesn't leave anything out!


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## fudzzz

Here's my update, as promised:

Successfully registered the case with the committee today. I went in early at around 8:30 and was surprised to see several others had the same idea, ha. But still, I got token number 3, and got seen at approx 9:15. The case registration counters officially open at 9:00.

I was lucky enough to get the same fellow from my previous day. The gentleman at counter number 1 is extremely helpful and found again found a minor mistake in my claim form (I forgot to mention the agent's name), but he made the correction himself and made me sign the correction. 

It took about 20-30 minutes for him to register everything on his computer and doublecheck that all the documents were there. He then sent me to the cashier's office to pay 3.5% of my rent + some misc charges (100 dirhams). I came back with the receipt and *shazam!* case registered. I got an SMS confirming the same.

My hearing is next week, July 24th at 9:45 AM. Here's hoping it goes as smoothly as SilverClover's.


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## msbettyboopdxb

This is very good information to know. My landlord is gearing up to pull a rent increase again this year and I want to be ready for his nonsense cos I have no time or energy for house hunting and moving.


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## fudzzz

Here's a quick update on my situation.

My hearing with the rent committee was today at 9:45AM. The agent showed up, but not the landlord (he's not in the country). We got seen at around 11.

Since the landlord didn't show up, and the agent does not have POA, the committee postponed the hearing for two months. It is now on September 18.

They also said that if we reach an agreement between ourselves, then I can cancel the case at my discretion (any time before the next hearing).

I have written to the landlord regarding the same. Have told him he will also have to minus the committee fees I paid to register the case (AED 1,160); basically 3.5% of the rent plus some minor additional charges the committee added.

So if he agrees, fine. If he doesn't, we wait till the next hearing. And I can stay in the apartment till then.

I'll update if anything happens before then.


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## ibkiss

SilverClover said:


> It was mixed - I was spoken to in English, the PoA was spoken to in Arabic; he requested that we speak English for my sake, but there was still a lot of Arabic spoken.
> 
> The PoA first said that my email from the agent first mentioning the request rent rise was invalid, because the agent wasn't authorised to negotiate on behalf of the landlady - except it was there in black and white, in two emails, saying that he'd spoken to the landlady and that was what she wanted.
> 
> The second point he tried to raise was that the contract I had signed says renewal of the contract is at the owner's discretion, and that the owner can give three months' notice before the end of the contract if she doesn't wish to renew. The answer to both of those points was in Arabic, but from the tone of voice and his reaction they were to tell him that those points were invalid.
> 
> Everything else he argued about was in Arabic; just from body language and tone of voice, two guys from the Rent Committee were saying that whatever he was asking/arguing for was wrong.
> 
> The PoA was definitely shocked when the decision was made in my favour!
> 
> Unrelated to the above, but linked to the proceeding: one thing that I found slightly confusing was the set-up of the thing. We were in what looked like a conference room, with a meeting happening at the conference table (and lots of shouting by the group of guys sat around it), while we were dealt with at a small desk beside the conference table. It was two different meetings happening at the same time, and while we had one dedicated guy sorting our thing out, a couple of guys from the main conference table kept sharing their opinion, too. Very strange!


Is the rule true ,that the rent of an apartment cannot be increased in the second year of the tenancy renewal ?


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## fudzzz

ibkiss said:


> Is the rule true ,that the rent of an apartment cannot be increased in the second year of the tenancy renewal ?


I don't think that rule applies any longer, but I'm not sure. You should call RERA (600555556) about that one.


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## jk_1337

fantastic thread filled with lots of great and current info!

I've been in my place almost 2 months though with the run around the landlord gave me about signing an addendum (which he promised but then backtracked after everything had been paid and signed on my end), I'm not confident about the contract renewal next year!

But I guess there's no sense in worrying now  The info in this thread will certainly be helpful if that problem does arise!

Hope all goes well for you fudzzz. And congrats on the win SilverClover. Cheers guys!


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## de Mexicaan

ibkiss said:


> Is the rule true ,that the rent of an apartment cannot be increased in the second year of the tenancy renewal ?


I called RERA last month and they informed me that this rule is not true. They also said that the the rent increase advised by their online Rent Increase calculator is binding. I think it will rarely be the case that the rent can be increased already after one year, because that can only be the case if your rent is more than 25% lower than the average of comparable apartments in the same area.


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## vantage

de Mexicaan said:


> I called RERA last month and they informed me that this rule is not true. They also said that the the rent increase advised by their online Rent Increase calculator is binding. I think it will rarely be the case that the rent can be increased already after one year, because that can only be the case if your rent is more than 25% lower than the average of comparable apartments in the same area.


Agreed, and no landlord round here is going to set the first year rent below average for the area!


----------



## Guest

Just go through these 3 documents and you will know all of your rights and you can show it to the landlord if he opposes. 

http://www.dubailand.gov.ae/English/eServices/RentalIncreaseLawsEN.aspx

I think especially this part is important for your case:



> EVICTION
> Article (25)
> 1. Landlord may demand eviction of tenant prior to expiry of tenancy period
> in the following cases:
> a. If tenant fails to pay rent value, or part thereof, within thirty (30)
> days of landlord’s notification for payment.
> b. If tenant subleases the property, or part thereof, without landlord’s
> written approval and in such case eviction shall be applicable to
> subtenant, and his right to refer to tenant for compensation shall be
> reserved.
> c. If tenant uses, or allows others to use, the property for illegal or
> immoral activities.
> d. If tenant causes changes that endanger safety of the property in a
> way that it cannot be restored to its original condition or if he
> causes damage to the property intentionally or due to his gross
> negligence to take proper precautions or if he allows others to
> cause such damage.
> e. If tenant uses the property for purposes other than the purpose it
> was leased for or if he uses the property in a way that violates
> planning, building and land using regulations.
> f. If the property is in danger of collapse, provided that landlord must
> prove such condition by a technical report attested by Dubai
> Municipality.
> g. If tenant fails to observe legal obligations or tenancy contract
> conditions within (30) days from date of notification by landlord to
> abide by such obligations or conditions.
> 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
> reconstruction of the property in accordance with government
> authorities instructions.
> b. If the property requires renovation or comprehensive maintenance
> which cannot be executed while tenant is occupying the property,
> provided that a technical report attested by Dubai Municipality is to
> be submitted to this effect.
> c. If landlord wishes to demolish the property for reconstruction or to
> add new constructions that prevent tenant from benefiting from the
> leased property, provided that necessary licences are obtained.
> d. If landlord wishes to recover the property for use by him personally
> or by his next of kin of first degree.
> However, in all above mentioned four cases, landlord must notify tenant with
> reasons of eviction at least ninety (90) days prior to expiry date of tenancy
> contract.


----------



## dizzyizzy

More about eviction because the landlord wants to sell can be found on this thread:

http://www.expatforum.com/expats/dubai-expat-forum-expats-living-dubai/165542-new-owner.html


----------



## de Mexicaan

I just agreed to a 5% increase of my rent. The landlord was not entitled to it according to the rent calculator but the increase is not worth the pain of going to the rent committee.


----------



## QOFE

de Mexicaan said:


> I just agreed to a 5% increase of my rent. The landlord was not entitled to it according to the rent calculator but the increase is not worth the pain of going to the rent committee.


Well, isn't that just what the landlords want? What hope do we have if tenants just bend over and agree to increases and other demands? The landlords will just keep on increasing the rents until the bubble bursts again.

Did you get a salary increase this year or what made you feel so generous?


----------



## de Mexicaan

QOFE said:


> Well, isn't that just what the landlords want? What hope do we have if tenants just bend over and agree to increases and other demands? The landlords will just keep on increasing the rents until the bubble bursts again.
> 
> Did you get a salary increase this year or what made you feel so generous?


I did not consider it an outragious increase and thought it is not worth the hassle of going to RERA and the rent committee for it. I am still going to pay a reasonable price, that's why I accepted.


----------



## vantage

de Mexicaan said:


> I did not consider it an outragious increase and thought it is not worth the hassle of going to RERA and the rent committee for it. I am still going to pay a reasonable price, that's why I accepted.


Did you tell the landlord he was not entitled to it, or just agree with him?


----------



## Mr Rossi

Contract is up at the end of the month, received new contract with illegal rent rise on it. Emailled the letting agency to say, any increase must be informed of 90 days in advance. Their increase is not valid by the Rera calculator anyway.

Not heard anything back yet, do I chase, wait on them getting back, go down to Rera anyway?

We've been here 3 years already and had a fairly decent relationship with the agency. Would like to stay and would accept a 5% increase despite them not being entitled to it.


----------



## Sher12

Guys,

This is very informative, please keep this thread updated. I am hearing this procedure for the first time and feels like after all tenants have some rights in a very tough environment.

Cheers


----------



## fudzzz

Mr Rossi said:


> Contract is up at the end of the month, received new contract with illegal rent rise on it. Emailled the letting agency to say, any increase must be informed of 90 days in advance. Their increase is not valid by the Rera calculator anyway.
> 
> Not heard anything back yet, do I chase, wait on them getting back, go down to Rera anyway?
> 
> We've been here 3 years already and had a fairly decent relationship with the agency. Would like to stay and would accept a 5% increase despite them not being entitled to it.


It's totally your call Mr Rossi. You're within your rights not to accept an increase, but if you're content in paying 5% more anyway, go ahead and give it. Otherwise, if you want to put a bit of pressure on them, just write another email saying you have been advised by the Rent Committee to open a case if the agency/landlord does not respond. 

But before you do ANY of this, you must ensure that your contract is registered with Ejari. You can do this by calling RERA (600 55555 6) and giving your contract details or asking them for the Ejari office number and then calling and asking Ejari to see if your contract is already registered.

If it's not registered, you'll have to go down there and register it yourself for about AED 190 (if I recall correctly). Ejari registration takes only literally 10 mins. 

Since you only have a month left, I would recommend you either agree on the 5% increase as soon as possible, OR you register your contract with Ejari as soon as possible and scan it to your agent/landlord as proof that you're serious about filing a case.


----------



## Mr Rossi

Cheers for getting back Fudzzz, the contract was already registered with Ejari about 3 months ago for visa issues so no worries there.

The property is one of a number owned by the landlord and managed by the agency. I guess the agency are just trying their best by their client but the property isn't worth what they're now asking. I'm guessing they want us out and new arrivals/company accommodation types in who'll pay the new rate. 

I'd rather stay on their good terms but I'm not going to be a mug about it. I'll give them a call tomorrow and see if this prompts anything amicable.

If we get to the end of the month and nothing, do I need to actually raise a case to stay in the property while this is being sorted out?


----------



## fudzzz

Well, Ejari will tell you (as their reps have told me before) that if you are certain your contract is renewable (landlord hasn't given you 12 month notice to vacate, contract doesn't stipulate 'non-renewable', etc) then you can just plonk yourself right where you are and the contract will automatically roll over to the new one. But the Rent Committee will advise you (as they did me) that if you're not reaching an amicable decision, just file the case.

Rent Committee gets paid when you file a case, so I'm guessing this is why they push you to do it, while RERA and Ejari are just there to advise you if you have a case and they get nothing out of it except making sure you know your rights and if you're in the right/wrong.

Everyone I've spoken to says if a contract is renewable, it will automatically be renewed if no action is taken. I think it's also in the Dubai Land Law. Only thing is, I haven't come across anyone yet who's taken that option, so I can't tell you the outcome.

My advice is just do what you feel comfortable with. If you feel 5% isn't really a ripoff and worth the hassle to go through the whole filing case process, then just pay him (but I'd say negotiate for less).

The process was quite annoying for me since I had to go out of my way and learn about all the rules, and then take on all the stress, and run around in the heat, etc. BUT, I did it not because I couldn't afford to just pay the landlord more, but because he tried to trick me out of the place first by saying he wanted to repossess the property, then by couriering notices to vacate, etc. For me it was a battle of principles. I was willing to go to the ends of the earth rather than let that ..... win. Haha. So it was worth it.

Whatever you decide, I wish you luck!


----------



## Mr Rossi

Thank you for the posts, it's been really reassuring so I'm glad you did run about in the sun. 

Just to confirm he's not entitled to put it up any, the amount he actually wants to put it up is around 15% which is a) too much and b) not getting out of principal 

5% is what I will/would have agreed to out of principle and to maintain the relationship but that has to work both ways and it seems to me I'm holding the good cards here.

I'll let you know.


----------



## de Mexicaan

vantage said:


> Did you tell the landlord he was not entitled to it, or just agree with him?


I told him in the first place, even included the link to the online calculator in the mail.


----------



## SilverClover

.... I've got an very surprising update to share. 

I've just received a phonecall from the Rent Committee saying that they've changed their mind on the decision made, and that they're allowing the increase in rent. They wouldn't give me any reason why; I have to go there to find out. 

When I pointed out that I've already signed a contract for the agreed-on price and paid the first half of the rent, they couldn't tell me whether the price will be applicable for this year, or for next year. 

.... I'm gobsmacked. I have no idea what's going on.


----------



## QOFE

SilverClover said:


> .... I've got an very surprising update to share.
> 
> I've just received a phonecall from the Rent Committee saying that they've changed their mind on the decision made, and that they're allowing the increase in rent. They wouldn't give me any reason why; I have to go there to find out.
> 
> When I pointed out that I've already signed a contract for the agreed-on price and paid the first half of the rent, they couldn't tell me whether the price will be applicable for this year, or for next year.
> 
> .... I'm gobsmacked. I have no idea what's going on.


What's the nationality of your landlord?


----------



## dizzyizzy

SilverClover said:


> .... I've got an very surprising update to share.
> 
> I've just received a phonecall from the Rent Committee saying that they've changed their mind on the decision made, and that they're allowing the increase in rent. They wouldn't give me any reason why; I have to go there to find out.
> 
> When I pointed out that I've already signed a contract for the agreed-on price and paid the first half of the rent, they couldn't tell me whether the price will be applicable for this year, or for next year.
> 
> .... I'm gobsmacked. I have no idea what's going on.


That is soooo strange. How is that even possible?! 

What a joke


----------



## fudzzz

SilverClover said:


> .... I've got an very surprising update to share.
> 
> I've just received a phonecall from the Rent Committee saying that they've changed their mind on the decision made, and that they're allowing the increase in rent. They wouldn't give me any reason why; I have to go there to find out.
> 
> When I pointed out that I've already signed a contract for the agreed-on price and paid the first half of the rent, they couldn't tell me whether the price will be applicable for this year, or for next year.
> 
> .... I'm gobsmacked. I have no idea what's going on.



What the heck? I read somewhere that the Rent Committee's decision is unappealable, so how did they do this?

Like the previous poster, I am also curious to know the nationality of your landlord.


----------



## SilverClover

QOFE said:


> What's the nationality of your landlord?


She's Egyptian. 

I got another phonecall by the time I'd got to work, from the same guy (actually from Dubai Municipality, rather than the Rent Committee), telling me to bring my signed contract and a letter saying that the case is closed because we've already signed the contract... so I have no idea what's going on. 

I'm going in the morning (another trek all the way there from JLT... oooft!), and will hopefully have some more clarity on what's going on. 

A few people have suggested she's maybe pulled some wastha strings... her PoA here is a CXO at Etisalat, so he might have connections somewhere. 

Either way, I'm utterly shocked. It ruined my day! 

Will update you all once I know more.


----------



## fudzzz

Argh, I am soooo mad on your behalf Silver! Ridiculous how this can even be allowed to happen. I just double checked my RERA increase on the calculator, in case it had maybe been updated and if it was causing this, but no, it's still the same. 

I suppose it really must have something to do with 'connections being pulled'.

Stay strong. We're all with you and hoping for the best! Let us know tomorrow's outcome.


----------



## M3red

My contract has a 2 month notice provision if the landlord doesn't want to renew. I also have the option and used it to say I was staying.

He then said rent was going up 12k aed so I refused on the basis that 3 months notice wasn't given and the rent calculator says no increase is due.

He now says if I don't agree he wants me to vacate in accordance with the contract...

Is this notice enforceable ie does it override the law on 12months notice?


----------



## fudzzz

M3red said:


> My contract has a 2 month notice provision if the landlord doesn't want to renew. I also have the option and used it to say I was staying.
> 
> He then said rent was going up 12k aed so I refused on the basis that 3 months notice wasn't given and the rent calculator says no increase is due.
> 
> He now says if I don't agree he wants me to vacate in accordance with the contract...
> 
> Is this notice enforceable ie does it override the law on 12months notice?


No, M3red, he cannot override the 12 months notice law. If he wants you to vacate the apartment, he has to inform you 12 months in advance. Period. It is always assumed that the contract is automatically renewable, unless it specifically says 'NON-RENEWABLE' somewhere in your contract.


----------



## SilverClover

M3red said:


> My contract has a 2 month notice provision if the landlord doesn't want to renew. I also have the option and used it to say I was staying.
> 
> He then said rent was going up 12k aed so I refused on the basis that 3 months notice wasn't given and the rent calculator says no increase is due.
> 
> He now says if I don't agree he wants me to vacate in accordance with the contract...
> 
> Is this notice enforceable ie does it override the law on 12months notice?


My contract was the same, and the landlady tried to do the same thing. Take it to the Rent Committee.


----------



## M3red

Thanks both, I replied saying just that, good to know.


----------



## IK5

Hello friends,

Good day,

Being a tenant in Dubai, i would like to take your legal view on the following situation:

Before expiring my first year of tenancy contract on 20th August 2013, i was in constant touch with my landlord's property manager in Dubai since the landlord was out of country for the renewal of the contract and the agent told me that i shouldn't be worried because soon the landlord will come back to Dubai, we will sign on the contract. But on 28th August 2013, i got an email from a landlord that i should vacate the property as he wants to sell his property and that my contract is already expired on 20th August 2013. I was shocked and replied him back that you should give me 12 months prior notice and for now please proceed with the renewal of the contract but he is not agreed. 

Now, can you please tell me what should i do and what is my legal position if i go to Dubai Municipality Rent Dispute committee? I am worried that my contract is already expired. 

Please reply me at your earliest.


----------



## vantage

IK5 said:


> Hello friends,
> 
> Good day,
> 
> Being a tenant in Dubai, i would like to take your legal view on the following situation:
> 
> Before expiring my first year of tenancy contract on 20th August 2013, i was in constant touch with my landlord's property manager in Dubai since the landlord was out of country for the renewal of the contract and the agent told me that i shouldn't be worried because soon the landlord will come back to Dubai, we will sign on the contract. But on 28th August 2013, i got an email from a landlord that i should vacate the property as he wants to sell his property and that my contract is already expired on 20th August 2013. I was shocked and replied him back that you should give me 12 months prior notice and for now please proceed with the renewal of the contract but he is not agreed.
> 
> Now, can you please tell me what should i do and what is my legal position if i go to Dubai Municipality Rent Dispute committee? I am worried that my contract is already expired.
> 
> Please reply me at your earliest.


I think you asked this elsewhere.
The advice there was to go direct o rent committee.
Do this ASAP


----------



## vantage

I think what confuses most people (me included) are the various Laws that apply, and the various Clauses that people sign up to in a Lease Agreement, and how they do not always match!

Some of the Clauses that we sign up to in a Lease Agreement are over-ruled by Law, and others aren't. Clearly when you sign up to something that differs from the legal requirements, this muddies the waters.

Usually, this comes down to issues regarding notice, termination & renewal.

Can anyone give a de-facto list of which RERA rules trump all Lease Clauses, and which don't?
This should simplify this thread, and any adivce given, i'd think.


----------



## pintakasi

*updates*

i just want to know what heppened to your case, because im in similar situation, i refuse to agree with my landlords increase because it's not allowed as per rera calculator, i already send them letter that i refuse to agree with the increase, and they did not give me 90 days notifications that they are going to increase the rent, do ineed to do anything i told them i will not file a complaint in rent commitee because i dont wNt to pay 3.5 percent. can they evict me here my contract expiry is september 21 2013


fudzzz said:


> Thanks SilverClover, for keeping us updated on your situation and for providing all that useful info. It's helping me deal with my situation too.
> 
> One quick question. I am in a similar boat. My contract expires in a couple weeks and I want to renew it. I've already visited RERA and Rent Committee, and have also registered my contract with Ejari. Everyone has informed me that I have the legal right to renew this contract with no rent increase (confirmed by RERA calculator).
> 
> My question is, if I have emailed my landlord (and copied to the agent) my intention for renewal on the same terms, and if he doesn't respond (I told I am giving him two working days), what should be my next plan of action? Should I go through the hassle of lodging a complaint with Rent Committee with all the documentation you mentioned? Or should I first send a letter of renewal intention to both my landlord and agent via courier?
> 
> Ejari people have told me I can even stay sitting in my apartment till expiry and the agent will have to autorenew it anyway. But I just want to be SURE that I have fulfilled all my obligations.
> 
> Cheers for your help. And please update us on your situation; hope it goes smoothly.


----------



## pintakasi

is court fees same with the 3.5 percent that you pay for filing a complaint?, if so that means you will get back that 3. 5 percent that you pay in filing a complaint.


SilverClover said:


> I have a (hopeful!) conclusion to my saga!
> 
> My appointment was scheduled for 9.45am today, but I didn't get seen until around noon. It was a long wait, but worth it!
> 
> My landlady's power of attorney turned up to represent her.
> 
> It was all over very quickly - the judge went over the paperwork, the PoA tried to argue points, but it all went in my favour! The landlady has to renew my contract on the same terms for another year, and they have to deduct the court fees from the cost of the rent.
> 
> So, she wanted to raise the rent by 3000dhs... now she's going to be getting nearly 3000dhs less because she wouldn't settle outside of the Rent Committee.
> 
> Yay! Very happy news.
> 
> And it was a wonderfully smooth process from start to finish. I'd definitely recommend that anyone who's having landlord troubles visit - it's worth it, even just for the advice they can give you.


----------



## de Mexicaan

I read there is going to be a new organization to settle rent disputes. 
http://www.thenational.ae/uae/government/new-legal-centre-to-settle-rent-disputes-in-dubai


----------



## pintakasi

just to let everyone knows i did not file a complain i just wrote them a letter of my intent and willingness to accept the increase as per uae law, day after my expiration they call and they agree to what is according to law which is 10 percent in my case, which is very much less from the 25 percent that they want.


----------



## Smythy82

PrincessMabi said:


> Hi! If you want I can assist you in finding a better home and better landlord =)


Damn agent!!!! your the cause of most of these problems!!!


----------



## Smythy82

PrincessMabi said:


> Well agents didn't put a gun in your head to lease the apartment. The final decision is still up to the tenant.


No nobody puts a gun to anyones head but everyone needs a place to leave, which, most of the time means involving an agent.


----------



## w_man

PrincessMabi said:


> Exactly the point. The question is why you have grudges with the agents? FYI I am not an agent.


If you scan through this forum, you'll find most people have grudges against the agents. Mainly because most of the agents in this city are terrible at what they do, provide incorrect and misleading information to both the tenants and landlords - only to make as much money as they can.

Let's not even start talking about the customer service and basic etiquette of being professional.

I have stories of my own but let's not ruin this sticky - it has some good valuable information on how to work with rent committee for disputes. 

:focus:


----------



## pintakasi

thanks to this topic, it gives me idea on how to deal with real estate agent, do not be afraid there is a law here in dubai that protects both rights of tenants and landlord make sure you are registered with ejari


----------



## johnnorris

SilverClover said:


> Hi all,
> 
> I've been trying to get hold of the Rent Committee for a couple of days now to clarify what documents I need to take when I go there on Thursday, but no-one ever seems to answer and I'm getting the 'the number you have dialled is currently busy' auto message whenever I try lately. I've tried calling the Municipality for them to put me through to the Rent Committee, but no joy there, either. It just rings and rings.
> 
> My landlady is trying to increase my rent despite no entitlement (I've already checked this with the Rent Calculator and with the Rent Committee when I first brought it up with her in June, three months before the contract was due for renewal; the Rent Committee recommended I open a case with them). Despite me clearly pointing her to the Rent Calculator to show that there's no entitlement for an increase, she gave me three months' notice to leave when the contract expires on August 10, then stopped replying when I said that if we couldn't resolve the matter amicably, I'd go to the Rent Committee. It's all done by email, and it'll all be going with me to the Rent Committee on Thursday.
> 
> But what else do I need to take?
> 
> I have:
> - Original tenancy contract (how do I know if this has been registered with RERA?)
> - My passport/ID copies
> - My landlady's passport/ID copies, plus her POA's details
> - Copies of the cheques I gave them, plus the bank statements that show that I transferred the rent to them instead, as Citibank didn't like the signature on one cheque and kept returning it (statements also prove that the money was in the account, so it wasn't a bounced cheque due to lack of funds)
> - Arabic-written letter of intent
> - Copies of the email correspondence (this is in English; does it have to be translated?)
> 
> The DEWA bill is under the landlady's name still, but I also have my bank transfer receipts to show that I've been paying it.
> 
> I'll be taking 3.5% of my rent along with me; are there any other fees that I don't know about?
> 
> Is there anything I'm missing? Anything I need to know?
> 
> Thanks!


You need legal Arabic translations of all documents you intend to submit. Back page of contract, emails, letters etc. Be selective as a page of translation is aed 100. Go to any typing centre across road from the rent committee building, near to the fountain and union metro station. 

Contract does not need to be registered by ejari, just signed by you and the landlord. You also need claim form to be filled in. Typing centres have these so they will type your case for you. Be concise as you only need to briefly explain the issue they will understand your issue and you can go into more detail at the hearing


----------



## afcwxm

*4 cheques to 1*

Hi All

Can my landlord now request for 1 cheque instead of the usual 4 that I have been providing for the last 15 years. He has not given me any advance notice of this but I feel he may as I am about to renew.
This is apart from the 35% increase he is intending to charge me which by the way according to rent calculator for Mankhool area he is not entitled to any! 52,000 up to 70,000.

Any info would be great
Cheers


----------



## johnnorris

afcwxm said:


> Hi All Can my landlord now request for 1 cheque instead of the usual 4 that I have been providing for the last 15 years. He has not given me any advance notice of this but I feel he may as I am about to renew. This is apart from the 35% increase he is intending to charge me which by the way according to rent calculator for Mankhool area he is not entitled to any! 52,000 up to 70,000. Any info would be great Cheers


The answer to both questions are no. Changes to the contract must be mutually agreed (preferably in writing so there is no misunderstanding) prior to any contract renewal. Rent increase is simple follow the rental index calculator. 

Threaten with rera rent committee and then LL will probably back down. If not, file a case, you are in a strong position.


----------



## afcwxm

johnnorris said:


> The answer to both questions are no. Changes to the contract must be mutually agreed (preferably in writing so there is no misunderstanding) prior to any contract renewal. Rent increase is simple follow the rental index calculator.
> 
> Threaten with rera rent committee and then LL will probably back down. If not, file a case, you are in a strong position.


Thanks very much
I just want to be fully armed before confronting these cowboy robbers!!

Will keep you updated on the outcome on here..
Thanks


----------



## msbettyboopdxb

afcwxm said:


> Thanks very much I just want to be fully armed before confronting these cowboy robbers!! Will keep you updated on the outcome on here.. Thanks


Please do. I think my landlord is gearing up to pull one on me end of this month after he cashes my last cheque for the year.


----------



## chrislad2002

Hi,

I have been in Dubai for two years in my apartment on SZR. I was paying 90000AED for a two bedroom property, me neighbour who has exacgtly the same as me has just had his renewal notice through, mine will be due in a months time, they have asked him for an increase from 90000AED to 125000AED?

Surely this cant be possible?

What is the best way to handle thgis situation?


----------



## QOFE

chrislad2002 said:


> Hi,
> 
> I have been in Dubai for two years in my apartment on SZR. I was paying 90000AED for a two bedroom property, me neighbour who has exacgtly the same as me has just had his renewal notice through, mine will be due in a months time, they have asked him for an increase from 90000AED to 125000AED?
> 
> Surely this cant be possible?
> 
> What is the best way to handle thgis situation?


Landlords are only entitled to increase the rent in line with the rent calculator. 
Fill in your details on the below link and see what it comes up with.

:: eServices ::


----------



## john_dxb

I think 5% is max if you are currently paying up to 25% less than the average rent (based on the RERA calculator)

I spent 5 months & 3 court cases later I won - no rent increase and they paid all the costs.

Talk to the rent committee - they are really helpful.

Good luck - fight for your rights


----------



## de Mexicaan

I have recently taken a 5% increase, but now I got this e-mail from my landlord's employee:

_"Dear Mr ..., 

We are very thankfull for your cooperation and support while staying in XYZ Apartment. We regretfully inform you that from next year owner did’nt want to renew the contract because he wants to shift himself in the apartment.
So please arrange some other Residence after completing that contract that is going to expire on 31 Aug 2014."_

Right. I just sent him the following answer:

_"Dear Employee,
Thank you for your mail. However, I have to inform you that I cannot accept the message as per below.
In accordance with Law No. 33 of 2008, Amending some provisions of Law No. 26 of 2007 Regulating Relationship Between Landlords & Tenants in the Emirate of Dubai, Article 25 and 26, I cite the following:

“Article (25)
….
2. Landlord may demand eviction of tenant upon expiry of tenancy contract limited to the following cases:
….
c)	If the owner of the property wishes to recover the property for use by him personally or by his next of kin of first degree provided that he proves that he does not own a suitable alternative property for that purpose.
d)	If the owner of the property wishes to sell the leased property.
And for the purpose of clause (2) of this Article, landlord must notify tenant with reasons for eviction at least twelve months prior to the determined date of eviction subject that such notice be sent through the Notary Public or by registered mail.

Article (26)
If the Committee decided for the landlord to recover the property for his own use, or use by his first degree next of kin pursuant to the provision of paragraph (c) of clause (2) of Article (25) of this Law, then landlord shall not rent the property to others for at least two years for residential properties and three years for non-residential properties from date of recovery of the property, unless the Committee decides less period for reasons considered by it, otherwise the tenant shall have the right to request the Committee to order proper compensation to him.”

I herewith inform you that the landlord has not acted in accordance with this law because:
1.	He did not prove that he does not own a suitable alternative property;
2.	He did not observe a twelve month notification period, and 
3.	He has not notified me through the Notary Public or registered mail. 
Furthermore, I want to point out that if the landlord wishes to persist in his eviction attempt I will hold him to Article (26) to make sure no other shall rent the apartment for a period of 2 years, unless proper compensation is offered to me.

If the above information is not clear I propose we organize a joint meeting with RERA or the Committee to discuss the matter.

Best regards, ...."_

Let's see what happens. If anyone has additional ideas that will be welcome.


----------



## vantage

de Mexicaan said:


> I have recently taken a 5% increase, but now I got this e-mail from my landlord's employee: "Dear Mr ..., We are very thankfull for your cooperation and support while staying in XYZ Apartment. We regretfully inform you that from next year owner did’nt want to renew the contract because he wants to shift himself in the apartment. So please arrange some other Residence after completing that contract that is going to expire on 31 Aug 2014." Right. I just sent him the following answer: "Dear Employee, Thank you for your mail. However, I have to inform you that I cannot accept the message as per below. In accordance with Law No. 33 of 2008, Amending some provisions of Law No. 26 of 2007 Regulating Relationship Between Landlords & Tenants in the Emirate of Dubai, Article 25 and 26, I cite the following: “Article (25) …. 2. Landlord may demand eviction of tenant upon expiry of tenancy contract limited to the following cases: …. c)	If the owner of the property wishes to recover the property for use by him personally or by his next of kin of first degree provided that he proves that he does not own a suitable alternative property for that purpose. d)	If the owner of the property wishes to sell the leased property. And for the purpose of clause (2) of this Article, landlord must notify tenant with reasons for eviction at least twelve months prior to the determined date of eviction subject that such notice be sent through the Notary Public or by registered mail. Article (26) If the Committee decided for the landlord to recover the property for his own use, or use by his first degree next of kin pursuant to the provision of paragraph (c) of clause (2) of Article (25) of this Law, then landlord shall not rent the property to others for at least two years for residential properties and three years for non-residential properties from date of recovery of the property, unless the Committee decides less period for reasons considered by it, otherwise the tenant shall have the right to request the Committee to order proper compensation to him.” I herewith inform you that the landlord has not acted in accordance with this law because: 1.	He did not prove that he does not own a suitable alternative property; 2.	He did not observe a twelve month notification period, and 3.	He has not notified me through the Notary Public or registered mail. Furthermore, I want to point out that if the landlord wishes to persist in his eviction attempt I will hold him to Article (26) to make sure no other shall rent the apartment for a period of 2 years, unless proper compensation is offered to me. If the above information is not clear I propose we organize a joint meeting with RERA or the Committee to discuss the matter. Best regards, ...." Let's see what happens. If anyone has additional ideas that will be welcome.


Nice work
Good luck!


----------



## de Mexicaan

vantage said:


> Nice work Good luck!


Thanks. I thought if I post it here I will at least get 1 positive reply


----------



## Kayote

de Mexicaan said:


> ...
> Let's see what happens. If anyone has additional ideas that will be welcome.


Way to go. :clap2:


----------



## msbettyboopdxb

de Mexicaan said:


> I have recently taken a 5% increase, but now I got this e-mail from my landlord's employee: "Dear Mr ..., We are very thankfull for your cooperation and support while staying in XYZ Apartment. We regretfully inform you that from next year owner did’nt want to renew the contract because he wants to shift himself in the apartment. So please arrange some other Residence after completing that contract that is going to expire on 31 Aug 2014." Right. I just sent him the following answer: "Dear Employee, Thank you for your mail. However, I have to inform you that I cannot accept the message as per below. In accordance with Law No. 33 of 2008, Amending some provisions of Law No. 26 of 2007 Regulating Relationship Between Landlords & Tenants in the Emirate of Dubai, Article 25 and 26, I cite the following: “Article (25) …. 2. Landlord may demand eviction of tenant upon expiry of tenancy contract limited to the following cases: …. c)	If the owner of the property wishes to recover the property for use by him personally or by his next of kin of first degree provided that he proves that he does not own a suitable alternative property for that purpose. d)	If the owner of the property wishes to sell the leased property. And for the purpose of clause (2) of this Article, landlord must notify tenant with reasons for eviction at least twelve months prior to the determined date of eviction subject that such notice be sent through the Notary Public or by registered mail. Article (26) If the Committee decided for the landlord to recover the property for his own use, or use by his first degree next of kin pursuant to the provision of paragraph (c) of clause (2) of Article (25) of this Law, then landlord shall not rent the property to others for at least two years for residential properties and three years for non-residential properties from date of recovery of the property, unless the Committee decides less period for reasons considered by it, otherwise the tenant shall have the right to request the Committee to order proper compensation to him.” I herewith inform you that the landlord has not acted in accordance with this law because: 1.	He did not prove that he does not own a suitable alternative property; 2.	He did not observe a twelve month notification period, and 3.	He has not notified me through the Notary Public or registered mail. Furthermore, I want to point out that if the landlord wishes to persist in his eviction attempt I will hold him to Article (26) to make sure no other shall rent the apartment for a period of 2 years, unless proper compensation is offered to me. If the above information is not clear I propose we organize a joint meeting with RERA or the Committee to discuss the matter. Best regards, ...." Let's see what happens. If anyone has additional ideas that will be welcome.


Looks good! Keep us posted.


----------



## perspolis

how much is the compensation if the landlord rents the property to another tenant during during two year personal user?


----------



## Gavtek

de Mexicaan said:


> In accordance with Law No. 33 of 2008, Amending some provisions of Law No. 26 of 2007 Regulating Relationship Between Landlords & Tenants in the Emirate of Dubai, Article 25 and 26, I cite the following:
> 
> “Article (25)
> ….
> 2. Landlord may demand eviction of tenant upon expiry of tenancy contract limited to the following cases:
> ….
> c)	If the owner of the property wishes to recover the property for use by him personally or by his next of kin of first degree provided that he proves that he does not own a suitable alternative property for that purpose.
> d)	If the owner of the property wishes to sell the leased property.
> And for the purpose of clause (2) of this Article, landlord must notify tenant with reasons for eviction at least twelve months prior to the determined date of eviction subject that such notice be sent through the Notary Public or by registered mail.


Do you know if this applies to commercial property (i.e. office) too? Our office landlord has our office listed for sale on Dubizzle stating it will be ready for occupation in April. So far we've heard nothing from him.

Our tenancy contract states that he must give us 3 months notice if he doesn't want to renew the contract so not sure if this would overrule the 12 month thing?


----------



## johnnorris

I had a similar clause in my contract but I still managed to get a 12 month contract renewal from rent committee after my landlord tried to evict me.


----------



## expat28

Couple of questions on the Arabic-written letter of intent that is needed to file a case 

- Where do I get it from? Can I download the form or do I have to go to the Land Department to pick it up?
- Will someone at the Rent Committee help fill it out for me or do I have to arrange my own translator to fill out the form?


----------



## de Mexicaan

Gavtek said:


> Do you know if this applies to commercial property (i.e. office) too? Our office landlord has our office listed for sale on Dubizzle stating it will be ready for occupation in April. So far we've heard nothing from him. Our tenancy contract states that he must give us 3 months notice if he doesn't want to renew the contract so not sure if this would overrule the 12 month thing?


 In law 26 and 33, property is defined as "immovable property and its annexures rented for residential, commercial or professional purposes or any other legal activity", so I guess the answer is Yes. However, if your contract specifically states other terms I am not sure what prevails.

Disclaimer: I am not a lawyer.


----------



## besttoursindubai

*RE:*



expat28 said:


> Couple of questions on the Arabic-written letter of intent that is needed to file a case
> 
> - Where do I get it from? Can I download the form or do I have to go to the Land Department to pick it up?
> - Will someone at the Rent Committee help fill it out for me or do I have to arrange my own translator to fill out the form?



I read your entire question, I am also looking for same answer for property investments. I hope someone will give us a proper direction of this question.


----------



## lookingforsmth

de Mexicaan said:


> In law 26 and 33, property is defined as "immovable property and its annexures rented for residential, commercial or professional purposes or any other legal activity", so I guess the answer is Yes. However, if your contract specifically states other terms I am not sure what prevails.
> 
> Disclaimer: I am not a lawyer.


how was your situation settled in the end?

i received today a letter by the courier service (would that be a registered mail?) from my landlord requesting me to vacate the premises upon the contract expiration. the contract expires on 31 Aug 2014. what they did is on the letter they put a date of 30 Aug 2013, but on the airway bill from the courier company it clearly states that the letter was sent on 21 Dec 2013.
they also didn't explain any reasons. and they wrote that "in case the tenant didn't vacate and surrender the premises upon the said expiration date, the landlord will have to regretfully adopt measures against you to vacate the premises and claiming all due amounts in your side unto landlord and compensation, stoppage and damage allowance and all fees and expenses either administrative or juridical".

is there actually a way of getting him fined (or legally punished somehow else) NOW for only doing such thing? because sending such letter is already illegal, right? plus there is fraud with the dates. 

any lawyers here?


----------



## lookingforsmth

johnnorris said:


> I had a similar clause in my contract but I still managed to get a 12 month contract renewal from rent committee after my landlord tried to evict me.


what was the process for that? and did you have to pay anything to the rent committee?


----------



## de Mexicaan

lookingforsmth said:


> how was your situation settled in the end?


It is not settled yet. I did not get an answer to my mail, probably will contact them after NYE.


----------



## frankd

What's the situation with Rent Committee and non-renewable clauses in tenancy contracts?
I was careless enough to sign a tenancy contract with a non-renewable clause in it, and now my LL wants me out so he can rent it at for more money. I've been in the apartment only for a year.
He didn't give any of the 4 reasons for eviction, just simply stated in an email that the contract is non renewable and he wants me to vacate it within 90 days.
Some people say that Rent Committee does not recognize this non renewable clause as it's against the law, but I've see in the papers that they can't or won't protect tenants who signed non renewable contracts.


----------



## w_man

frankd said:


> What's the situation with Rent Committee and non-renewable clauses in tenancy contracts?
> I was careless enough to sign a tenancy contract with a non-renewable clause in it, and now my LL wants me out so he can rent it at for more money. I've been in the apartment only for a year.
> He didn't give any of the 4 reasons for eviction, just simply stated in an email that the contract is non renewable and he wants me to vacate it within 90 days.
> Some people say that Rent Committee does not recognize this non renewable clause as it's against the law, but I've see in the papers that they can't or won't protect tenants who signed non renewable contracts.


I'd also like to know the answer to this. I keep hearing both as well and it would be interesting to hear from someone who has recently challenged the non-renewable clause.

Perhaps the RC has found a loophole to hide behind? I mean, if non-renewable clause isn't 'allowed' then why honor it? Last I read in the paper, they basically said that no one can make you sign a non-renewable contract but if you sign it, they can't help you. 

It seems like almost all new contracts being signed right now have a non-renewable clause - it seems like a new standard. What are your options then?


----------



## Gavtek

Yep, my new one was non-renewable, it's either sign it or be homeless from the looks of it. I'm already at the ceiling of my budget anyway, so even if they try to uplift by 5% in a year's time, I'll be going to Al Barsha or somewhere cheaper.


----------



## QOFE

Gavtek said:


> Yep, my new one was non-renewable, it's either sign it or be homeless from the looks of it. I'm already at the ceiling of my budget anyway, so even if they try to uplift by 5% in a year's time, I'll be going to Al Barsha or somewhere cheaper.


It would be interesting to hear more feedback about these non-renewable contracts. I have read so many times that RERA/RC don't agree with them.

Or is this a trick to have everybody moving once a year to cough up the estate agent fee, moving costs and potentially deposit too (as so many seem to have problems getting it returned)?


----------



## joemate

Hi all,

there seems to be some mixed messages on 'non renewable' contracts. Does anyone have the definitive answer on Are they enforceable or not? 

Our 'non renewable' current contract ends in June and the villa has been sold. 

Does the new land lord need to give us 365 days notice in the prescribed method or must we move out in June at the end of our current contract?

I appreciate your replies.

J


----------



## praveengr

*Non renewable contract, Is it valid?*

I just got my notice from LL that my contract can not be renewed. There is a non renewable clause in additional sheets (which I signed) but not on the main contract.

Is this additional clause of 'non-renewable' valid? There is conflicting information available on the web. I am planning make a visit to RERA to get this clarified.
My contract expires on 2-Mar-2013 so I got only 1 month notice to vacate.

I live in DSO and my rent should go up only 5% if renewed but non-renewable clause may force me to vacate if it is valid.

Thanks,
Praveen


----------



## w_man

praveengr said:


> I just got my notice from LL that my contract can not be renewed. There is a non renewable clause in additional sheets (which I signed) but not on the main contract.
> 
> Is this additional clause of 'non-renewable' valid? There is conflicting information available on the web. I am planning make a visit to RERA to get this clarified.
> My contract expires on 2-Mar-2013 so I got only 1 month notice to vacate.
> 
> I live in DSO and my rent should go up only 5% if renewed but non-renewable clause may force me to vacate if it is valid.
> 
> Thanks,
> Praveen


Do keep us posted once you talk to RERA. Let us know what they say along with the exact wording of the non-renewable clause in your contract.

Good luck with everything.


----------



## praveengr

w_man said:


> Do keep us posted once you talk to RERA. Let us know what they say along with the exact wording of the non-renewable clause in your contract.
> 
> Good luck with everything.


I visited RERA and they said if the contract says non-renewable then I need to vacate. But looks like RERA is not the right agency to handle these. 
So I went to Rental Dispute Settlement Centre but they said they do not advice anything. They will file a case if I want to and they gave me list of docs required for opening a case.

I talked to one guy who said he went RDSC and won the case even when he contract said "not negotiable" "non renewable". As per him only way LL can force a tenant out is by giving a 12 month legal notice to vacate. Anything else is not recognized by the law.

There is always risk involved in going to RDSC considering laws subject to interpretation. I will negotiate with LL as first option and use going to RDSC as the last option.


----------



## w_man

praveengr said:


> I visited RERA and they said if the contract says non-renewable then I need to vacate. But looks like RERA is not the right agency to handle these.
> So I went to Rental Dispute Settlement Centre but they said they do not advice anything. They will file a case if I want to and they gave me list of docs required for opening a case.
> 
> I talked to one guy who said he went RDSC and won the case even when he contract said "not negotiable" "non renewable". As per him only way LL can force a tenant out is by giving a 12 month legal notice to vacate. Anything else is not recognized by the law.
> 
> There is always risk involved in going to RDSC considering laws subject to interpretation. I will negotiate with LL as first option and use going to RDSC as the last option.


Thanks for following up Praveengr.

Looks like we still don't have a definite answer ...


----------



## Mclovin oo7

Mine says "The renewal of the tenancy contract is at the discretion of the Landlord. If the tenant does not renew the contract on expiry date, he will have to pay the rent as demanded".

Should I consider is as non-renewable?


----------



## telecompro

My contract consists of 2 pages - the first page is the standard tenancy contract i believe and that states "The contract is valid upto the end of the specified period after which date it is considered as null and void"

while on the 2nd page which is the addendum it states "The contract is effective from XXXX and initially for a period of one year and further it can be renewed if both parties agreed to do so"

Now im confused as these 2 statements are confusing...Is it non-renewable?


----------



## praveengr

telecompro said:


> My contract consists of 2 pages - the first page is the standard tenancy contract i believe and that states "The contract is valid upto the end of the specified period after which date it is considered as null and void"
> 
> while on the 2nd page which is the addendum it states "The contract is effective from XXXX and initially for a period of one year and further it can be renewed if both parties agreed to do so"
> 
> Now im confused as these 2 statements are confusing...Is it non-renewable?


The standard terms on the main page DO NOT make it non-renewable:
#2: Renewal of Tenancy is at the discretion of the Landlord. If the tenant does not renew the Tenancy on Expiry date he will have to pay the rent as demanded.
#3: The contract is valid up to the end of the specified period after which date it is considered as null and void

The above 2 terms are standard and they are part of all contracts. It is still renewable.

The so called non-renewable contract (legal validity is still a ?) may have one or more of the following additional terms:

1. Period of Tenancy: ONE YEAR NON-RENEWABLE (row 6 from top on main page)
2. "NOT NEGOTIABLE" stamped across the main sheet
3. Following (or variation) clause in ADDENDUM TO TENANCY CONTRACT
This contract is non renewable for next year and is strictly valid from ___ till ___. The tenant undertakes to vacate and handover the apartment on or before the expiry of the contract.


----------



## praveengr

praveengr said:


> I visited RERA and they said if the contract says non-renewable then I need to vacate. But looks like RERA is not the right agency to handle these.
> So I went to Rental Dispute Settlement Centre but they said they do not advice anything. They will file a case if I want to and they gave me list of docs required for opening a case.
> 
> I talked to one guy who said he went RDSC and won the case even when he contract said "not negotiable" "non renewable". As per him only way LL can force a tenant out is by giving a 12 month legal notice to vacate. Anything else is not recognized by the law.
> 
> There is always risk involved in going to RDSC considering laws subject to interpretation. I will negotiate with LL as first option and use going to RDSC as the last option.


Followup:

My apartment and the building is owned by a company. They had issued non-renewable contracts to few tenants last year. One of them went to RDSC and won the case last week. He advised me not to vacate as non-renewable contracts are not legal by law unless a legally notarized eviction notice issued 12 months in advance.

I visited the company today and had a discussion with representative. He tried hard to make me sign a new contract at market rate (was generous enough to offer good discount though) citing non-renewable clauses. 

When I argued about invalidity of non-renewable clauses, to my surprise, he agreed that I can renew contract at normal 5% increase and the vacation notice was automated email sent by the system. So we agreed for renewal with 5% increase (I am wary about any change in stand later as it was verbal discussion).

So I think non renewable contracts are not valid.


----------



## telecompro

praveengr said:


> The standard terms on the main page DO NOT make it non-renewable:
> #2: Renewal of Tenancy is at the discretion of the Landlord. If the tenant does not renew the Tenancy on Expiry date he will have to pay the rent as demanded.
> #3: The contract is valid up to the end of the specified period after which date it is considered as null and void
> 
> The above 2 terms are standard and they are part of all contracts. It is still renewable.
> 
> The so called non-renewable contract (legal validity is still a ?) may have one or more of the following additional terms:
> 
> 1. Period of Tenancy: ONE YEAR NON-RENEWABLE (row 6 from top on main page)
> 2. "NOT NEGOTIABLE" stamped across the main sheet
> 3. Following (or variation) clause in ADDENDUM TO TENANCY CONTRACT
> This contract is non renewable for next year and is strictly valid from ___ till ___. The tenant undertakes to vacate and handover the apartment on or before the expiry of the contract.


Hi Praveen,

Thanks for your reply..

for your 3 points above - the only thing i can see in my contract is the NOT NEGOTIABLE across the main sheet. What does this mean?

Point one above also has only the "ONE YEAR" statement..nothing else..

Im abit confused and not sure what to do...

Please let me know what did you do and how you managed the real estate?


----------



## praveengr

telecompro said:


> Hi Praveen,
> 
> Thanks for your reply..
> 
> for your 3 points above - the only thing i can see in my contract is the NOT NEGOTIABLE across the main sheet. What does this mean?
> 
> Point one above also has only the "ONE YEAR" statement..nothing else..
> 
> Im abit confused and not sure what to do...
> 
> Please let me know what did you do and how you managed the real estate?


Based on the information I gathered so far and also based on my experience, all contracts are renewable unless there is a legal notice (notarized by dubai courts) 12 months in advance. Non-renewable contracts are not recognized by law.

If you have not got a 12 month advance legal notice to vacate, you have to get an automatic renewal. You can demand the same. Rent increase should be as per the RERA calculator.

Even 12-month legal notice for eviction is valid only if LL wants to sell or LL wants to move-in (may be couple of others valid reasons). They can't ask you to vacate so that they can rent it to others. If they violate this rule, you can file for compensation even after vacating.

I got my lease renewed for 1 more year at 5% increase (as per RERA calculator) even though my contract has 'NOT NEGOTIABLE', Non renewable and I got a mail from LL saying I need to vacate.

Thanks,
Praveen


----------



## ibkiss

praveengr said:


> Based on the information I gathered so far and also based on my experience, all contracts are renewable unless there is a legal notice (notarized by dubai courts) 12 months in advance. Non-renewable contracts are not recognized by law.
> 
> If you have not got a 12 month advance legal notice to vacate, you have to get an automatic renewal. You can demand the same. Rent increase should be as per the RERA calculator.
> 
> Even 12-month legal notice for eviction is valid only if LL wants to sell or LL wants to move-in (may be couple of others valid reasons). They can't ask you to vacate so that they can rent it to others. If they violate this rule, you can file for compensation even after vacating.
> 
> I got my lease renewed for 1 more year at 5% increase (as per RERA calculator) even though my contract has 'NOT NEGOTIABLE', Non renewable and I got a mail from LL saying I need to vacate.
> 
> Thanks,
> Praveen


There's one thing though that you have NOT ACTUALLY filed a dispute case with RDSC ,and luckily the landlord settled it amicably between yourselves so can I be certain FOR SURE whether non-renewable tenancy contracts are actually not entertained by the law or not !!!


----------



## haibinhle

praveengr said:


> Based on the information I gathered so far and also based on my experience, all contracts are renewable unless there is a legal notice (notarized by dubai courts) 12 months in advance. Non-renewable contracts are not recognized by law.
> 
> If you have not got a 12 month advance legal notice to vacate, you have to get an automatic renewal. You can demand the same. Rent increase should be as per the RERA calculator.
> 
> Even 12-month legal notice for eviction is valid only if LL wants to sell or LL wants to move-in (may be couple of others valid reasons). They can't ask you to vacate so that they can rent it to others. If they violate this rule, you can file for compensation even after vacating.
> 
> I got my lease renewed for 1 more year at 5% increase (as per RERA calculator) even though my contract has 'NOT NEGOTIABLE', Non renewable and I got a mail from LL saying I need to vacate.
> 
> Thanks,
> Praveen


Hi Praveen,

I have the same "NOT NEGOTIABLE" cross-marked on the first page of my tenancy contact. And I have the same worry as @telecompro's. Hope that you are right, Finger crossed!

In addition, I would like to ask you one more question. You have renewed your contract with 5% of rent increase. Is this your second year of rental in your appartment? As It is said that, in the second year of rental, LL does not have the right to increase the rent or tenant is secured with the initial rent for 2 years. Does it still hold right?


----------



## de Mexicaan

haibinhle said:


> In addition, I would like to ask you one more question. You have renewed your contract with 5% of rentIs this your second year of rental in your appartment? As It is said that, in the second year of rental, LL does not have the right to increase the rent or tenant is secured with the initial rent for 2 years. Does it still hold right?


That rule is not applicable anymore since the rental increase calculator was introduced.


----------



## Carefree1979

praveengr said:


> Even 12-month legal notice for eviction is valid only if LL wants to sell or LL wants to move-in (may be couple of others valid reasons). They can't ask you to vacate so that they can rent it to others. If they violate this rule, you can file for compensation even after vacating.


Does any body know if the landlord just needs to have the _intention _to sell - or does he actually need to sell the property?

We had a lot of disputes with ours which we won - and then the next week received a notorised 12 month eviction notice meaning we have to leave in August.

We don't think he has any intention of selling and is just going to re-rent it.

Thanks


----------



## de Mexicaan

Carefree1979 said:


> Does any body know if the landlord just needs to have the intention to sell - or does he actually need to sell the property? We had a lot of disputes with ours which we won - and then the next week received a notorised 12 month eviction notice meaning we have to leave in August. We don't think he has any intention of selling and is just going to re-rent it. Thanks


For what I heard from rera the 12 month notice is upon expiration date of your contract. However, I did not see it anywhere black on white. After you vacate it cannot be rented out again for a defined period, I forgot how long. If you inform the owner you will report to rera that this is the reason of vacating he might reconsider.


----------



## Byja

de Mexicaan said:


> After you vacate it cannot be rented out again for a defined period, I forgot how long. If you inform the owner you will report to rera that this is the reason of vacating he might reconsider.


The only defined period after vacation notice during which the owner can not rent again is if he states that he wants to use property for himself or next of kin.
So if he evicts you on the ground of wanting to sell it, there is no defined period during which he can not rent it.
I believe in this case it is up to the judge of the RC to decide whether there was any intention to actually sell the property, or just to get rid of the tenant.


----------



## coconut_shy

*Greedy Landlord*

Hi All,

My tenancy is about to expire on 15th March. The landlord (Mazaya) wants 30k more to renew.

I have referred them to the RERA calculator- they referred to me a clause in my contract which says that the contract is for one year (there is no mention that it is a non renewable contract).

I have referred them to relevant article concerning agreement of terms of renewal and asked for the details regarding EJARI registration. They are slow to respond and I am keen to settle the dispute asap.

My questions are;

s there an easy way to find out if a contract is EJARI registered?
If the landlord wont give the details required for EJARI registration can i get them somewhere else?
Am I right in assuming that the landlord cannot increase the rent (more than the RERA specified increase)even though the contract is for a year?
What happens if we cant get the case heard by RERA before the 15th March?

I should also mention that this property is in DIFC so only fell under the jurisdiction of RERA 4 months ago

Thank you!


----------



## de Mexicaan

coconut_shy said:


> My questions are;
> [*]s there an easy way to find out if a contract is EJARI registered?
> [*]If the landlord wont give the details required for EJARI registration can i get them somewhere else?
> [*]Am I right in assuming that the landlord cannot increase the rent (more than the RERA specified increase)even though the contract is for a year?
> [*]What happens if we cant get the case heard by RERA before the 15th March? I should also mention that this property is in DIFC so only fell under the jurisdiction of RERA 4 months ago Thank you!


- dont know
- i think that is difficult
- the rent can be increased but not more than the rera calculator indicates
- ask rera, but i think you get extension until it is settled.


----------



## Desertrose70

As many tenants got evicted because the landlord was saying he was going to occupy the property himself. Anyone succeeded to get compensation after moving out because the landlord was lying and rented the property again to another tenant?


----------



## Byja

Since no one here shares their experience in Rent Dispute Centre, here's at least mine. Think I'll put up an Idiot's guide to opening a case before RDC later.

Just won the case before RDC today. Landlord tried to increase the rent by 15-20% even though calculator said no increase was allowed. Then he decided to kick me out instead. The only thing he was holding on to was the *non-renewable clause* in the contract.

Unfortunately, I can not tell all of you with the same problem if the infamous non-renewable clause is legal or not. First of all, the only thing that I got to tell before the Committee was "ok" (seriously), when they asked me if I want the verdict. Second, I have no idea what they took into consideration when making their decision, and a lot of things were in my favor:
1. no official eviction notice was given, by registered mail with proper reason - this is the ONLY thing the Committee was interested in, and did not ask for anything else.
2. notice to vacate was sent by an email after the 60 days deadline stated in tenancy contract
3. it was my first year into tenancy and first renewal
4. last but not the least, the non-renewable (NR) clause was inserted into TC on the day that I actually signed it, after we agreed upon TC draft which had no NR in it, and after I actually paid the agent fee and security deposit to take the apartment off the market. Yeah, extremely stupid from my side, but ...

And the LL was also kind enough to send me via email that he wants more money, and that in case I want to open a case before RDC, he will charge me 5000 AED per day after TC expiration. Maybe that also helped my case a little bit.

I guess this is simply the end of first half-time, now off to fight another round...


----------



## w_man

Byja said:


> Since no one here shares their experience in Rent Dispute Centre, here's at least mine. Think I'll put up an Idiot's guide to opening a case before RDC later.
> 
> Just won the case before RDC today. Landlord tried to increase the rent by 15-20% even though calculator said no increase was allowed. Then he decided to kick me out instead. The only thing he was holding on to was the *non-renewable clause* in the contract.
> 
> Unfortunately, I can not tell all of you with the same problem if the infamous non-renewable clause is legal or not. First of all, the only thing that I got to tell before the Committee was "ok" (seriously), when they asked me if I want the verdict. Second, I have no idea what they took into consideration when making their decision, and a lot of things were in my favor:
> 1. no official eviction notice was given, by registered mail with proper reason - this is the ONLY thing the Committee was interested in, and did not ask for anything else.
> 2. notice to vacate was sent by an email after the 60 days deadline stated in tenancy contract
> 3. it was my first year into tenancy and first renewal
> 4. last but not the least, the non-renewable (NR) clause was inserted into TC on the day that I actually signed it, after we agreed upon TC draft which had no NR in it, and after I actually paid the agent fee and security deposit to take the apartment off the market. Yeah, extremely stupid from my side, but ...
> 
> And the LL was also kind enough to send me via email that he wants more money, and that in case I want to open a case before RDC, he will charge me 5000 AED per day after TC expiration. Maybe that also helped my case a little bit.
> 
> I guess this is simply the end of first half-time, now off to fight another round...


Thanks for sharing. Do you mind sharing the non-renewable clause in your contract? Just want to see how these are worded.

Also, did you end up getting the landlord to pay for the cost of opening the case or did you have to cover that on your own?

Thanks again - good to have detailed experiences from people.


----------



## telecompro

Byja said:


> Since no one here shares their experience in Rent Dispute Centre, here's at least mine. Think I'll put up an Idiot's guide to opening a case before RDC later.
> 
> Just won the case before RDC today. Landlord tried to increase the rent by 15-20% even though calculator said no increase was allowed. Then he decided to kick me out instead. The only thing he was holding on to was the *non-renewable clause* in the contract.
> 
> Unfortunately, I can not tell all of you with the same problem if the infamous non-renewable clause is legal or not. First of all, the only thing that I got to tell before the Committee was "ok" (seriously), when they asked me if I want the verdict. Second, I have no idea what they took into consideration when making their decision, and a lot of things were in my favor:
> 1. no official eviction notice was given, by registered mail with proper reason - this is the ONLY thing the Committee was interested in, and did not ask for anything else.
> 2. notice to vacate was sent by an email after the 60 days deadline stated in tenancy contract
> 3. it was my first year into tenancy and first renewal
> 4. last but not the least, the non-renewable (NR) clause was inserted into TC on the day that I actually signed it, after we agreed upon TC draft which had no NR in it, and after I actually paid the agent fee and security deposit to take the apartment off the market. Yeah, extremely stupid from my side, but ...
> 
> And the LL was also kind enough to send me via email that he wants more money, and that in case I want to open a case before RDC, he will charge me 5000 AED per day after TC expiration. Maybe that also helped my case a little bit.
> 
> I guess this is simply the end of first half-time, now off to fight another round...


Thanks for sharing. Why is there another round? What happens next? I thought if you win then you are entitled back all the costs and the rent stays as is?


----------



## Krom

Evening all,

Looks like there's a few going through problems with renewals since the rental laws changed last year. Who'd have thought? 

So my land lady phoned me several weeks ago, informing me that she was intending to increase the rent from 111,000 to about 140,000, trying to pull at the heart strings "It's my only form of income, and you won't be able to afford the increase, will you?"! I asked her to write to me specifically stating the increase, and we'd take it from there. Our tenancy isn't up until August.

I followed up with a couple of further emails requesting the written increase, no response. Earlier this week, I receive an email from her stating that she now does not wish to renew our tenancy, and wants us to move out, so that she can use the property for personal use.

I'm planning to go to the DRC. 

I see the following in my favour:

1. There's no non renewable '12 month eviction notice' in my tenancy contract. Therefore, the 12 month's notice required for reclaiming the property for personal use is not served. 

2. She has not notified us through the notary public nor registered mail.

3. It's our first year of tenancy and first renewal.

There's a clause in the contract though which states:



> "In the event that the landlord wishes the tenant to vacate at the end of the tenancy, they should notify the tenant in writing 60 days prior to the expiry date of the rental contract"


Will the above overrule the fact there's no non renewable 12 month notice statement in the contract? Or vice versa?

I'll be sharing my experience once we're through with this too, so that others can benefit from it. It sounds like many people are going to find themselves going through this over the next twelve months.


----------



## Byja

w_man said:


> Thanks for sharing. Do you mind sharing the non-renewable clause in your contract? Just want to see how these are worded.


It was simply put on the first page of the contract, and stated:
_Period of Tenancy: One Year Only, Non-Renewable Contract_



> Also, did you end up getting the landlord to pay for the cost of opening the case or did you have to cover that on your own?


I've opened the case, so I've paid for it, as well as for other things like translations. I've stated in my claim that I want all this costs to be covered by my LL. The verdict confirmed this, guess I'll pay the LL rental value minus expenses.



telecompro said:


> Why is there another round? What happens next? I thought if you win then you are entitled back all the costs and the rent stays as is?


He could file for an appeal after all. Or maybe try some other tricks like not paying service fees (even though RERA recently made it clear to the developers not to punish tenants where landlords failed to pay service fees), or claiming breach of any of the TC clauses.


----------



## Byja

Krom said:


> Looks like there's a few going through problems with renewals since the rental laws changed last year. Who'd have thought?


Has nothing to do with rental laws, which are clear and just. It has only to do with greed and unreasonable rent hikes.



> So my land lady phoned me several weeks ago, informing me that she was intending to increase the rent from 111,000 to about 140,000


Maximum rent increase, provided that you are paying really below market value, is 20%. Meaning no increase above 134k.
But which area are you living in? Some, like DIFC, are outside RDC jurisdiction.



> Earlier this week, I receive an email from her stating that she now does not wish to renew our tenancy, and wants us to move out, so that she can use the property for personal use.


And I also want a medium rare unicorn steak. And I'll have that steak before she gets to use it "for personal use" without giving you proper notice.

The wording in her contract is similar to wordings such as "renewal at discretion of the landlord" and similar, which are not worth the ink on it. Now while some might have lost the case before RC with "non renewable" clause, and I really doubt it based on what I've seen during hearings, this looks even weaker.

My suggestions:

1. Send her an email more than 90 before your contract expires stating that you want to renew. Just this and nothing more.
2. If she starts talking about kicking you out, remind her that the only way to get the tenant out is by sending him a notice 12 months in advance by registered mail stating one of 4 valid reasons for eviction, as per Law No 33 of 2008.
3. Remind her that giving reason such as "for personal use of property" can only be given if landlord has no other suitable property, and that landlord can not re-let property for two years, as per Law No 33 of 2008.

Do not make any reference to that strange clause in your contract.

If she does not back down, threaten her with opening a case before RDC, and tell her that the only thing RDC asks in such cases is whether an official eviction letter has been sent. Tell her that she will definitely lose the case, and that means she will have to cover all the expenses. I suggest you send her this notification 1.5 - 2 months before TC expires. You will have enough time to open (and win) a case, and she will have less time to actually serve you with an eviction letter, if she really decides to do it.

The best option is to scare her away with RDC and make her b1tch out, rather than actually go to RDC. There's a 99% chance that you'll win, but then again, there's that 1% that it might go the other way, depending on wasta level. And it's 100% guaranteed waste of time, even though you win in the end.


----------



## Krom

Byja said:


> Has nothing to do with rental laws, which are clear and just. It has only to do with greed and unreasonable rent hikes.
> 
> 
> Maximum rent increase, provided that you are paying really below market value, is 20%. Meaning no increase above 134k.
> But which area are you living in? Some, like DIFC, are outside RDC jurisdiction.
> 
> 
> 
> And I also want a medium rare unicorn steak. And I'll have that steak before she gets to use it "for personal use" without giving you proper notice.
> 
> The wording in her contract is similar to wordings such as "renewal at discretion of the landlord" and similar, which are not worth the ink on it. Now while some might have lost the case before RC with "non renewable" clause, and I really doubt it based on what I've seen during hearings, this looks even weaker.
> 
> My suggestions:
> 
> 1. Send her an email more than 90 before your contract expires stating that you want to renew. Just this and nothing more.
> 2. If she starts talking about kicking you out, remind her that the only way to get the tenant out is by sending him a notice 12 months in advance by registered mail stating one of 4 valid reasons for eviction, as per Law No 33 of 2008.
> 3. Remind her that giving reason such as "for personal use of property" can only be given if landlord has no other suitable property, and that landlord can not re-let property for two years, as per Law No 33 of 2008.
> 
> Do not make any reference to that strange clause in your contract.
> 
> If she does not back down, threaten her with opening a case before RDC, and tell her that the only thing RDC asks in such cases is whether an official eviction letter has been sent. Tell her that she will definitely lose the case, and that means she will have to cover all the expenses. I suggest you send her this notification 1.5 - 2 months before TC expires. You will have enough time to open (and win) a case, and she will have less time to actually serve you with an eviction letter, if she really decides to do it.
> 
> The best option is to scare her away with RDC and make her b1tch out, rather than actually go to RDC. There's a 99% chance that you'll win, but then again, there's that 1% that it might go the other way, depending on wasta level. And it's 100% guaranteed waste of time, even though you win in the end.


Thanks man, much appreciated.

Here's the email that I've just sent to my landlady. Let's see what happens....



> Dear <x>,
> 
> Thank you for your email. My apologies for the delayed response. I have only just had an opportunity to sit down to reply to your email.
> 
> I was very sorry to hear that you want me to vacate the apartment. Particularly as the last time we spoke, we spoke about a rental increase, not a vacating of the apartment. I thoroughly enjoy living at <x>, and would certainly prefer to stay.
> 
> Following the amendment to the Dubai rental law in December 2013, my employer has requested that all tenancy contracts undertaken by its employees follow the Government of Dubai laws and regulations. When I explained my circumstances, and how I would need to vacate this year, they explained that if a landlord/lady wishes their tenant to vacate the property for the reason of personal use as you state in your email below, then twelve months’ notice must be provided to the tenant. This notice must be provided by either by registered mail, or through public notary.
> 
> Following this, I conducted my own research. I contacted the Rental Dispute Centre, and spoke to a gentleman named <x>. He informed me that regardless of the content of the tenancy contract we signed August 4th 2013, all tenancy agreements are subject to the Dubai rental laws and regulations, particularly law 33 of 2008, which was an amendment of law 26 of 2007.
> 
> <x> told me to review the law on the Dubailand.gov.ae website for more information and clarity.
> 
> I provide the link below for your own perusal.
> 
> :: Laws & Regulations ::
> 
> I reviewed the Government of Dubai Laws and Regulations website, and specifically law 33 of 2008. Article 25 clause 2, and article 26 specifically states the following:
> 
> _Article (25) Clause 2
> 
> Landlord may demand eviction of tenant upon expiry of tenancy contract limited
> to the following cases:
> 
> a. If the owner wishes to demolish the property for reconstruction or to add
> new constructions that prevent tenant from benefiting from the leased
> property, provided that necessary licences are obtained.
> 
> b. If the property requires renovation or comprehensive maintenance which
> cannot be executed while tenant is occupying the property, provided that a
> technical report issued by Dubai Municipality or accredited by it is to be
> submitted to this effect.
> 
> *c. If the owner of the property wishes to recover the property for use by him
> personally or by his next of kin of first degree provided that he proves that
> he does not own a suitable alternative property for that purpose.*
> 
> d. If the owner of the property wishes to sell the leased property.
> 
> *And for the purpose of clause (2) of this Article, landlord must notify tenant with reasons
> for eviction at least twelve months prior to the determined date of eviction subject that
> such notice be sent through the Notary Public or by registered mail.*
> 
> *Article (26)
> If the Committee decided for the landlord to recover the property for his own use, or use
> by his first degree next of kin pursuant to the provision of paragraph (c) of clause (2) of
> Article (25) of this Law, then landlord shall not rent the property to others for at least two
> years for residential properties and three years for non-residential properties from date of
> recovery of the property, unless the Committee decides less period for reasons considered
> by it, otherwise the tenant shall have the right to request the Committee to order proper
> compensation to him.*_
> 
> I bring to your attention the parts of article 25 in bold.
> 
> Should you wish me as tenant to vacate the property for personal use at the end of the tenancy agreement (3rd August 2014), as you state in your email below, then as per Article 25 clause 2 of law 33 2008, you as landlady needed to notify me as tenant on 4th August 2013 through the public notary, or registered mail. This was not the case.
> 
> I also bring your attention to article 26 in bold. Should the apartment be reclaimed for personal use, then you as landlady will not be able to rent the property for a minimum of two years following our eviction, or an otherwise agreed period. If the tenant finds that you as landlady has rented the apartment before the expiration of that period, then the tenant is entitled to claim compensation. This means, that if I am evicted from the apartment this summer for your personal use, you will not be able to earn rental revenue from the property for up to two years. Conversely, were I to stay at the property for another twelve months, that’s another twelve months’ rental revenue you would have accrued which you will not be able to, were I to be evicted.
> 
> **My stance as tenant is that I wish to renew the tenancy contract in August 2014. There was no specific ‘non-renewable’ clause in the signed tenancy contract, and no formal twelve months’ notice provided by registered mail nor public notary. Therefore as tenant, I exercise my right to extend the tenancy for another year.**
> 
> I appreciate that this is not what you would like to do. I have also researched with the Rental Dispute Centre any costs that would be incurred in opening a rental dispute case, which I unfortunately predict will arise following your review of this email. The cost incurred would be 3.5% of the total rental amount (3885 AED). This cost is incurred by the landlord/lady in the event that the tenant wins the case. I believe that I have a sufficiently strong case to be considered in my favour.
> 
> Please do not misconstrue my email as a personal attack. I love living at <x>, and am merely stating the law of Dubai, and exercising my right as a tenant.
> 
> Please advise me on the next course of action to proceed.


----------



## Byja

Krom said:


> Thanks man, much appreciated.
> 
> Here's the email that I've just sent to my landlady. Let's see what happens....


Appreciated, but mostly ignored?

Told you to scare her away, not bore her to death. I bet you're an engineer, this is how an engineer handles legal stuff. 
And why did you have to remind her to send you an eviction letter as per law right now? Could have waited a little bit more for it.
Anyway, if your LL is not a native english speaker, she will not understand 90% of it, and probably read less than that. Second, your RDC expenses are not just 3.5% of your rent (it's actually a little bit more), plus the translations. To translate just this email will cost you close to 200 AED. 

But keep us updated on your situation.


----------



## Krom

Byja said:


> Appreciated, but mostly ignored?
> 
> Told you to scare her away, not bore her to death. I bet you're an engineer, this is how an engineer handles legal stuff.
> And why did you have to remind her to send you an eviction letter as per law right now? Could have waited a little bit more for it.
> Anyway, if your LL is not a native english speaker, she will not understand 90% of it, and probably read less than that. Second, your RDC expenses are not just 3.5% of your rent (it's actually a little bit more), plus the translations. To translate just this email will cost you close to 200 AED.
> 
> But keep us updated on your situation.


I was grateful for the advice, but happy with my email thank you very much.

I only hope your deductive skills in reality are better than your assumption of my occupation... :~)

Personally, we'll be ready to move out at the end of the next tenancy, so not fussed about a non renewable contract in there or not. The key for us was to remain in our place for another year at the current rental rate. She has replied with an arsey email, but she acknowledged that she can't fight it and that we entitled to stay for another year. My favourite line:



> I dont think you are waiting for my advice for your next action you already informed that you want to stay by force!!!


----------



## Krom

Should also add that I wanted to avoid an endless back and forth, and get straight to the point!


----------



## Byja

Krom said:


> I only hope your deductive skills in reality are better than your assumption of my occupation... :~)


They are. It was a joke, cause I'm an engineer, and this is how I used to handle any legal stuff, quoting exact Laws and articles and paragraphs...

...till I saw lawyers wrapping up by simply saying "the Law (which one?) is on my side!".



> She has replied with an arsey email, but she acknowledged that she can't fight it and that we entitled to stay for another year.


Congrats. Didn't expect she'd b1tch out that fast.


----------



## SgtRoswell

Ok I have been reading this thread from post #1 since I got my "email" . I'm sure people and specially Byja would help out. 

However my case is pretty weird, please hear it out. 

1. I live in Discovery Gardens and signed a contract (non negotiable, non-renewable, not knowing though since I was new) last year in June. 
2. My contract is going to expire on May 31st, 2014. 
3. At that time of signing contract, I didn't know about landlord, the agent just told me that hes out of country and all. 

Now here is the real deal which I recently found out after very painful process,

The landlord happened to have my apartment on mortgage from bank and failed to pay the mortgage and ran away back to his home country for good. He owes bank more than 700K AED. 

The apartment is now handled by bank and all the rent etc goes to power of attorney from the bank. My contract has also got official bank stamp. However the 'legal' owner of this apartment is still that run-away landlord to whose name I wrote the checks on.

So I have received a couple of court notices for that landlord saying he owes xyz amount to bank and needed to pay by xyz timeline. I spoke to my broker agent, with who only I deal with, about these notices which were in Arabic, he told me it is from the bank for the landlord so dont worry and since LL address in Dubai is your apartment, therefore you are receiving the notices at your residency. 

I received another similar court notice saying the same and this time, upon speaking with agent, he told me that bank want to auction this apartment and your contract will not be renewed. 

Today I got to contact the bank representative through email for the first time in whole year and hes saying that they want to sell the apartment, therefore contract cannot be renew. 

Please tell me where do I stand in this weird stupid situation. 

Regards,


----------



## Byja

Normally it would be a simple change of ownership, from landlord to bank. So you should try this approach with bank representative, quoting similar to what Krom wrote in his email to his LL. Tell them that they have to serve you with an eviction letter 12 months in advance. You could also remind them that they can sell property with tenant in situ, no rules against it.
Have you registered your TC with EJARI? Do you have a Title Deed for the apartment? What does it say in it, who is the owner?


----------



## SgtRoswell

Byja said:


> Normally it would be a simple change of ownership, from landlord to bank. So you should try this approach with bank representative, quoting similar to what Krom wrote in his email to his LL. Tell them that they have to serve you with an eviction letter 12 months in advance. You could also remind them that they can sell property with tenant in situ, no rules against it.
> Have you registered your TC with EJARI? Do you have a Title Deed for the apartment? What does it say in it, who is the owner?


Thank you for your reply. Yes I have told him in simple language that i didn't get any notice and that they are telling me not to renew just before my expiry. 

Yes I have Ejari and Title deed, all on the name of run-away LL. I didn't get any response from them yet though. 

Can anyone also enlighten me about the documentation that I need to get ready in case of worse case scenario? I don't want to waste anytime and be ready. I have been reading the forum but everyone who went to Rental Dispute Committee seem to take various different documents with them.

Many thanks,


----------



## SgtRoswell

Can anyone tell me the location of RERA? Is this the one or Dubai Municipality Headquarter?

https://www.google.com/maps/place/R...31,17z/data=!4m2!3m1!1s0x0:0x3f20d2fb161a1159


----------



## w_man

SgtRoswell said:


> Can anyone tell me the location of RERA? Is this the one or Dubai Municipality Headquarter?
> 
> https://www.google.com/maps/place/R...31,17z/data=!4m2!3m1!1s0x0:0x3f20d2fb161a1159


That's the one I went to. Just across from the Sheraton hotel. You got it right.


----------



## SgtRoswell

w_man said:


> That's the one I went to. Just across from the Sheraton hotel. You got it right.


Thanks man. Whats the best way to commute there? and btw please do tell us about your case as you seem to have same "non-renewal" case. What happened when u went there?


----------



## w_man

Oh I didn't have to open a case yet. I just went to show them my contract and understand my rights before politely explaining to the landlord what the law was. I didn't have to do anything as my landlord understood and renewed the contract. 

I just drove there. There's a huge RTA parking lot right next to the RERA so driving there is the easiest. Not sure what the bus/train route would be.


----------



## SgtRoswell

w_man said:


> Oh I didn't have to open a case yet. I just went to show them my contract and understand my rights before politely explaining to the landlord what the law was.


So what did they tell you? 

I have a meeting scheduled with the bank representative this Saturday, so depending on the meeting, i may go to RERA.


----------



## Byja

RERA is one thing, Rental Dispute Centre is another. They're even in two different buildings, RERA is in Dubai Land Department building, while RDC is in Dubai Municipality building. They're like 250m apart anyway.
Easiest way to RDC is by metro, Etihad / Union station. Then you take the pedestrian bridge over Al Maktoum Road and just continue down through the parking.


----------



## SgtRoswell

Byja said:


> RERA is one thing, Rental Dispute Centre is another. They're even in two different buildings, RERA is in Dubai Land Department building, while RDC is in Dubai Municipality building. They're like 250m apart anyway.
> Easiest way to RDC is by metro, Etihad / Union station. Then you take the pedestrian bridge over Al Maktoum Road and just continue down through the parking.


Yes I understand, thanks for the clarification and route. Someone ins this thread said that RDC doesn't advice you however RERA does. So first would like to have talk with RERA then going to RDC (I wish it doesn't come to this point)


----------



## Desertrose70

Suggestions to take action against landlord/RE agent for not following up on a maintenance request? Seems that I have paid them, they both are ignoring my emails, calls.


----------



## SgtRoswell

Desertrose70 said:


> Suggestions to take action against landlord/RE agent for not following up on a maintenance request? Seems that I have paid them, they both are ignoring my emails, calls.


I found myself with the same position when there were maintenance issues. But I never gave up calls and kept trying lol

Update on my case: The bank guy is ready to renew my lease with 12 month eviction notice however going 1k extra against RERA rent calculator for the rent. I think I am fine with it lol


----------



## Chocoholic

RERA will be happy to give you advice over the phone. 600 555556


----------



## dukeswh

Hi guys! I have a question: I pay rent in 4 postdated cheques (which is dated 20th of every quarter), my last cheque was supposed to be encashed last month but till now has not been encashed. The flat is owned by a consulting company (the whole building is) , but I am dealing with a real estate broker. Should I be worried?


----------



## BedouGirl

dukeswh said:


> Hi guys! I have a question: I pay rent in 4 postdated cheques (which is dated 20th of every quarter), my last cheque was supposed to be encashed last month but till now has not been encashed. The flat is owned by a consulting company (the whole building is) , but I am dealing with a real estate broker. Should I be worried?


Have you tried to contact the payee to ask why the cheque has not been encashed?


----------



## dukeswh

BedouGirl said:


> Have you tried to contact the payee to ask why the cheque has not been encashed?


They have encashed my check yesterday, finally. I was afraid that it was going to be a prelude to a trick in raising the rent. hwell:


----------



## Ladypants

Hi All

Quick question.

If the landlord misses the 90 day notification period for rental increase and the tenant disputes the rental increase then whose responsibility is it to file the complaint with the RDC?

Then, what happens if no dispute is filed? My assumptions is that the previous contract rolls over and the landlord has no grounds for eviction.


----------



## w_man

Ladypants said:


> Hi All
> 
> Quick question.
> 
> If the landlord misses the 90 day notification period for rental increase and the tenant disputes the rental increase then whose responsibility is it to file the complaint with the RDC?
> 
> Then, what happens if no dispute is filed? My assumptions is that the previous contract rolls over and the landlord has no grounds for eviction.


If the landlord missed the 90 day notification and then demands an increase then he's breaking the law. If you remind him of this and he still refuses to sign the new contract with the exact same terms/rent as the previous year then YOU as a tenant will need to start the case. You'll need to pay the case fee and submit all the documents but you will get your case fee reimbursed back to you when you win the case.

Also note, once the landlord realizes that he doesn't have a leg to stand on - whether after losing the case or before - it's a common trend that landlords issue an eviction notice immediately so a year from now, you'll have to move out. It is important to know your rights. A landlord can NOT give you an eviction notice without a valid reason - these reasons are noted in the tenancy law. An eviction notice MUST be delivered to you in a predefined method and it MUST have a valid reason. You should look up the tenancy law to familiarize yourself with these rules and be prepared.

Good luck


----------



## Yoga girl

Hi everyone

has anyone opened a case with the Rental Dispute Committee and could tell me exactly what documents are needed?

Our new landlord is trying to illegally evict us and even sent a letter from a (crackpot) lawyer saying if we do not leave by a certain date he will take legal action basically forcing us to open a legal case against him.

Since the RDC is not exactly round the corner and it is getting to be really hot, I would prefer to go down there only once with all the documents on hand.

Also, in your experience how do they notify the other party? Is it via courier and in Arabic? And how much advance notice do they give you about the hearing date? 

Any info would be much appreciated.


----------



## tracytracy

Hi All,

I needed some help - Im very upset with whats just gone down.

We contacted our est agent (works on behalf of the landlord) within in the 90 days to say that we wanted to re-contract to stay. They emailed us and said we needed ot move out.
Because we have signed a Non –negotiable/ non -renewable contract we have to move out.
They have not given us 12 months notary notice with a valid reason why he wanted to sell or 90 days change of contract
They said the landlord wants to sell and we need to move.

We have raised a case against them at the courts which is on the 25th June 2014

We have had someone call from the courts who is trying to sort it between us so it doesn’t have to go to court.
He has given us two options from the est agents:

1: we pay what we are paying now but for 6 months and then we move out
2: we pay 95 and stay for the year

We have been from the courts that because we signed Non –negotiable/ non -renewable contract we have to move out.
I said to them that we haven’t received the 12 months notary and that that calculator says the rental increase is 3750
She told him it was 20%, I made him look on the internet – she also told him it was furnished so apparently the rera calculator isn’t in action and we should be paying more.
We have lived there for 5 years, I told him why should we be paying premium.
She lied to him and said she sent us a letter but we haven’t received that. The courts said they spoke to the landlord who said that he didn’t send any notification that he wanted to sell.
The courts then said that they were happy he wanted to sell and would draw the clause up for us to sign that he would be selling and we move out within 6 months.

We told the courts to call her back as in the end he agreed we are in our rights and she said that she will see us in court.
She is taking her solicitor with her.

I’m really worried we will have to move out, we only have 3 weeks to find somewhere.

Has anyone been in similar?


Non –negotiable/ non -renewable contract are now illigal - they cannot have these written on contracts but apprantly before they could and this is what is going to make us move out in the end.

Im so upset


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## Yoga girl

tracytracy said:


> Hi All,
> 
> I needed some help - Im very upset with whats just gone down.
> 
> We contacted our est agent (works on behalf of the landlord) within in the 90 days to say that we wanted to re-contract to stay. They emailed us and said we needed ot move out.
> Because we have signed a Non –negotiable/ non -renewable contract we have to move out.
> They have not given us 12 months notary notice with a valid reason why he wanted to sell or 90 days change of contract
> They said the landlord wants to sell and we need to move.
> 
> We have raised a case against them at the courts which is on the 25th June 2014
> 
> We have had someone call from the courts who is trying to sort it between us so it doesn’t have to go to court.
> He has given us two options from the est agents:
> 
> 1: we pay what we are paying now but for 6 months and then we move out
> 2: we pay 95 and stay for the year
> 
> We have been from the courts that because we signed Non –negotiable/ non -renewable contract we have to move out.
> I said to them that we haven’t received the 12 months notary and that that calculator says the rental increase is 3750
> She told him it was 20%, I made him look on the internet – she also told him it was furnished so apparently the rera calculator isn’t in action and we should be paying more.
> We have lived there for 5 years, I told him why should we be paying premium.
> She lied to him and said she sent us a letter but we haven’t received that. The courts said they spoke to the landlord who said that he didn’t send any notification that he wanted to sell.
> The courts then said that they were happy he wanted to sell and would draw the clause up for us to sign that he would be selling and we move out within 6 months.
> 
> We told the courts to call her back as in the end he agreed we are in our rights and she said that she will see us in court.
> She is taking her solicitor with her.
> 
> I’m really worried we will have to move out, we only have 3 weeks to find somewhere.
> 
> Has anyone been in similar?
> 
> 
> Non –negotiable/ non -renewable contract are now illigal - they cannot have these written on contracts but apprantly before they could and this is what is going to make us move out in the end.
> 
> Im so upset


The law on the notification is very clear and has so far been upheld by RERA. You have the right to stay put and pay the same rent as you have been paying until now since the increase was announced within the 90 days.
If you need to speak with a lawyer who specialises in this I have the contact as we are having problems of our own right now and we had to seek legal advice as ours wasnt clear cut. PM me for details.
Do not buckle in and in the lawyer's words "let the landlords do the running around" rather than you. If they want you out or to do anything illegal then they can open the case, not you.
GOOD LUCK!


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## Dxbuk1

*My battle about to start*

The other day I received a letter that was left with building security guard (non registered mail) stating that my landlord requires possession of my apartment in October because his son is moving in. Been harassed with phone calls since of which I have ignored.

Anyway sent a registered letter clearly explaining I want to renew and will not give possession.

Stay tuned. I have a feeling he won't back down..

Thanks to all that have posted on this forum. I feel quite at ease over the whole matter reading all your experiences.


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## Yoga girl

The new dubizzle rental disputes website should also help. Hopefully at some point landlords will finally realise there are laws in this country regulating the rental market.


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## de Mexicaan

Hello all,
I just renewed my tenancy contract that expires 31-08. I got 10% increase in line with the RERA calculator, but also a letter to vacate at the end of the next contract (so 14 months from now), because the owner is trying to sell the apartment. This is all in line with the law, but I was wondering the following:
What if the owner has not sold the apartment by then? Am I still entitled to renew then? If not, it would really weaken a tenants position. I did not find clarity in the laws, but maybe somebody has experience with this. Thanks.


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## Yoga girl

de Mexicaan said:


> I did not find clarity in the laws, but maybe somebody has experience with this. Thanks.


When you say you didn't find clarity in the laws, are you referring to the original ones in Arabic or the translation? Because the translation in some instances, especially when it talks about notification, is not correct. What appears to be very clearcut in English is fuzzy in the original.

My understanding is that if the landlord hasn't sold then the notification stands. Then if he doesn't sell he cannot rent for a period of 2 years and if he does you can ask for compensation.

If, he does sell, then it is up to the new landlord to renew or reconfirm the notification. But he cannot use the old notification given by your current landlord as valid since this is motivated by the wish to sell. He would have to motivate his according to the law.
We are currently battling this last point out with our new landlord through lawyers. Will let you know the outcome.


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## de Mexicaan

Yoga girl said:


> We are currently battling this last point out with our new landlord through lawyers. Will let you know the outcome.


Wish you all the best and look forward to read the outcome.


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## Mclovin oo7

de Mexicaan said:


> Hello all,
> I just renewed my tenancy contract that expires 31-08. I got 10% increase in line with the RERA calculator, but also a letter to vacate at the end of the next contract (so 14 months from now), because the owner is trying to sell the apartment. This is all in line with the law, but I was wondering the following:
> What if the owner has not sold the apartment by then? Am I still entitled to renew then? If not, it would really weaken a tenants position. I did not find clarity in the laws, but maybe somebody has experience with this. Thanks.





Yoga girl said:


> When you say you didn't find clarity in the laws, are you referring to the original ones in Arabic or the translation? Because the translation in some instances, especially when it talks about notification, is not correct. What appears to be very clearcut in English is fuzzy in the original.
> 
> My understanding is that if the landlord hasn't sold then the notification stands. Then if he doesn't sell he cannot rent for a period of 2 years and if he does you can ask for compensation.
> 
> If, he does sell, then it is up to the new landlord to renew or reconfirm the notification. But he cannot use the old notification given by your current landlord as valid since this is motivated by the wish to sell. He would have to motivate his according to the law.
> We are currently battling this last point out with our new landlord through lawyers. Will let you know the outcome.


I am in the same boat.

I got an email from the agency in the last 90 days of my contract if I wanted to renew. I agreed to renew and they said that they will renew at the same rent but I will have to vacate on Aug 05, 2015 as the owner wants to sell.

They will be doing the next year lease paper work in the first week of August.

I do not want to vacate as this is a great place and I am here (hoping) till April 2016 only.

Please keep me posted.


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## Yoga girl

Mclovin oo7 said:


> I am in the same boat.
> 
> I got an email from the agency in the last 90 days of my contract if I wanted to renew. I agreed to renew and they said that they will renew at the same rent but I will have to vacate on Aug 05, 2015 as the owner wants to sell.
> .


They have to send you notification either via Notary Public or via registered mail 12 months in advance of eviction date. Have they done this??? Stating the landlord's wish to sell.
If not, you can sit there and let them do the running! They won't win the case in front of a court without the notification!


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## Mclovin oo7

Yoga girl said:


> They have to send you notification either via Notary Public or via registered mail 12 months in advance of eviction date. Have they done this??? Stating the landlord's wish to sell.
> If not, you can sit there and let them do the running! They won't win the case in front of a court without the notification!


No, they sent it by an email. Does that count? I did reply to that email though.


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## Yoga girl

Mclovin oo7 said:


> No, they sent it by an email. Does that count? I did reply to that email though.


No, it doesn't count. And according to our lawyer (a specialist in rental issues), when landlords or agents try this kind of thing out let THEM do the running instead of it being you going to RERA and opening the case.

If you get no official notification as described above, wait and come renewal time next summer if they try to trick you just go to RERA and they will draw up the new tenancy contract on the basis of your current one, changing the dates. You can deposit the cheque to your landlord there, and the landlord will have no choice but to go there and sign the renewal if he wants his money.
This is without you spending a dirham opening a RERA case and is the best way forward for simple clearcut cases. It also puts the landlord in the condition of having no choice.

Obviously RERA wont tell you this as they make money for every case opened... but if everyone used the system like this life would be much easier for tenants with landlords trying to cheat the law.

I watched as our old landlord didnt quite do things right and the new landlord fell for whatever crap he and the estate agents fed him. He obviously didnt do his homework. I sat it out for 11 months and then let him be the one to have to go to the lawyers.
Now, we'll see, because unfortunately the law is unclear in Arabic and open to interpretation


----------



## Mclovin oo7

Yoga girl said:


> No, it doesn't count. And according to our lawyer (a specialist in rental issues), when landlords or agents try this kind of thing out let THEM do the running instead of it being you going to RERA and opening the case.
> 
> If you get no official notification as described above, wait and come renewal time next summer if they try to trick you just go to RERA and they will draw up the new tenancy contract on the basis of your current one, changing the dates. You can deposit the cheque to your landlord there, and the landlord will have no choice but to go there and sign the renewal if he wants his money.
> This is without you spending a dirham opening a RERA case and is the best way forward for simple clearcut cases. It also puts the landlord in the condition of having no choice.
> 
> Obviously RERA wont tell you this as they make money for every case opened... but if everyone used the system like this life would be much easier for tenants with landlords trying to cheat the law.
> 
> I watched as our old landlord didnt quite do things right and the new landlord fell for whatever crap he and the estate agents fed him. He obviously didnt do his homework. I sat it out for 11 months and then let him be the one to have to go to the lawyers.
> Now, we'll see, because unfortunately the law is unclear in Arabic and open to interpretation


Thank you for the insight. This is what I got in an email.

_I am writing to you as per clause 5 of the Addendum to the lease agreement. 

In the event you wish to renew we require your confirmation 90 days prior to expiry of the lease. 

Please be advised that the Landlord wishes to sell the property in due course, hence he would like to serve you one year written notice till the expiry of the renewal lease. 

In addition, please note that your renewal rent will remain at AED XXX for the year 5-Aug 2014 to 4-Aug-2015._

I would love to stay at the same place as it is very nice and I don't want to shift for just one year.

Good luck with your case. Please keep us posted.


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## Yoga girl

Mclovin oo7 said:


> Thank you for the insight. This is what I got in an email.
> 
> _I am writing to you as per clause 5 of the Addendum to the lease agreement.
> 
> In the event you wish to renew we require your confirmation 90 days prior to expiry of the lease.
> 
> Please be advised that the Landlord wishes to sell the property in due course, hence he would like to serve you one year written notice till the expiry of the renewal lease.
> 
> In addition, please note that your renewal rent will remain at AED XXX for the year 5-Aug 2014 to 4-Aug-2015._
> 
> I would love to stay at the same place as it is very nice and I don't want to shift for just one year.
> 
> Good luck with your case. Please keep us posted.


It sounds like they want to know what you intend to do, whether renew or not. Not like a notification. The 90 days prior to current lease expiration is specified in the rental laws as the period before which either tenant or landlord need to state if there are going to be any changes ie for the tenant, their wih to stay or move, and for the landlord to ask for an increase (obviously such increase needs to follow rental calculator).
Notification for eviction must happen via registered means. How the 12 months are counted are then subject to interpretation. Will keep you posted as to what happens to me. We're trying to avoid going to court if possible. Thanks.


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## Mclovin oo7

Yoga girl said:


> It sounds like they want to know what you intend to do, whether renew or not. Not like a notification. The 90 days prior to current lease expiration is specified in the rental laws as the period before which either tenant or landlord need to state if there are going to be any changes ie for the tenant, their wih to stay or move, and for the landlord to ask for an increase (obviously such increase needs to follow rental calculator).
> Notification for eviction must happen via registered means. How the 12 months are counted are then subject to interpretation. Will keep you posted as to what happens to me. We're trying to avoid going to court if possible. Thanks.


Good luck Yoga girl, 

I hope you don't have to go to the court.


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## Mclovin oo7

So, just came to the house and got a legal notice on my door.

They are basically giving me a legal notice, to vacation the house in 12 months.

Do I have any options?


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## Del_Jas80

*Short term tenancy contract*

Hi everyone!

Am new to the forum but have been doing a bit of searching for my query. 

I am moving to Dubai in August and wish to take a short term rental place (a furnished studio) in JLT or discovery gardens. Do not want to take a long term apartment as will be applying for my wife's visa and once she's here in dubai, she will look for a job. Our final long term apartment should be closer to her work area which will be uncertain till she gets the job. My office will be in dubai media city.

My question is: Does the short term rentals as found on dubizzle (5-7k per month) legall qualify as contracts to be used in sponsoring your spouse? Do the agents even give a contract?

Am really at my wits ends here as to how to sort it out. Pls do help - what members living there will know.

Thanks


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## QOFE

Mclovin oo7 said:


> So, just came to the house and got a legal notice on my door.
> 
> They are basically giving me a legal notice, to vacation the house in 12 months.
> 
> Do I have any options?


What reason they did they give?


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## Yoga girl

Mclovin oo7 said:


> So, just came to the house and got a legal notice on my door.
> 
> They are basically giving me a legal notice, to vacation the house in 12 months.
> 
> Do I have any options?


They can only evict you if they are selling, planning to move in themselves or a close member of their family (in which case they have to prove they have no other place to stay) or if they need to carry out major renovation work to the property which cannot be done while you are in the flat.

If they have not stated one of the above reasons then you can take it to court. Otherwise you'll need to move out when the 12 months are up.


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## Carefree1979

Hi All

I wonder if anybody can help me – I have searched the thread but haven’t found anything this specific…

I was served notice 11 months ago to move out in August as the landlord was planning to sell. From what I can gather he has not made any attempt to sell.

Last month the landlord agreed with us (verbally) that we could stay for a certain price - above the RERA index but within what I felt was reasonable. Prior to handing over the cheque, I requested to see their RERA licenses and certificates.

I have now been told that the property is owned by a company (not an individual) and that they are not registered with RERA as they are neither agents or brokers – thus cannot provide any licenses or passport copies etc.

Does anybody know if companies are able to rent properties independently – or is there a particular document (law?) that all renters must be able to produce that I can take some comfort in?

Any help will be greatly appreciated!


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## Mclovin oo7

QOFE said:


> What reason they did they give?





Yoga girl said:


> They can only evict you if they are selling, planning to move in themselves or a close member of their family (in which case they have to prove they have no other place to stay) or if they need to carry out major renovation work to the property which cannot be done while you are in the flat.
> 
> If they have not stated one of the above reasons then you can take it to court. Otherwise you'll need to move out when the 12 months are up.


The reason stated on the legal notice is that they want to sell. To add further info, they have served same notice to my four immediate neighbors too. I called up the property management company and asked them if I can move in to any other similar condo in the same building but they said that they plan to sell the entire block. 

I am hoping that I will find a way out of this by next July or will have to move in to a hotel apartment.


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## w_man

Mclovin oo7 said:


> The reason stated on the legal notice is that they want to sell. To add further info, they have served same notice to my four immediate neighbors too. I called up the property management company and asked them if I can move in to any other similar condo in the same building but they said that they plan to sell the entire block.
> 
> I am hoping that I will find a way out of this by next July or will have to move in to a hotel apartment.


If they are truly selling then yes you'll have to move and the notice will be considered valid. On that note, if the apartment is not sold when the time is up for contract renewal then my understanding is that the notice is invalid and they'll need to renew your contract - of course if they don't give you a 90 day notice of any change to the contract and/or a rent increase then they will have to renew the contract as-is without any increase in rent.

There's a slight chance that they issued these notices in hopes to get rid of the existing tenants and then rent the units out again at a higher price. Only time will tell. I wouldn't worry about it too much for the time being.


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## google123

Dear All ,

I intend to make a case in Rent Dispute committe for unlawful demand of rent increase. I am already paying 20% more rent then RERA calculator and landlord wants 10% more. So after all hard negotiations over the period finally I have decided to move to Rent Dispute Centre.
My question is what is the deadline until which I can lodge the case ? As I am going for holidays and considering the fact that I have to be there to appear in person what is the last deadline until which I can file the case. My tenancy agreement is expiring 31st July. People at call centre of Rent Dispute told me that I can file the case until 1 month of expiry of my present agreement,. Is somebody aware about this siutation. I shall be back from holidays by 10th August and shall file the case immediately after I arrive in Dubai ? Am I inline with law ?
Please suggest,


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## Mclovin oo7

w_man said:


> If they are truly selling then yes you'll have to move and the notice will be considered valid. On that note, if the apartment is not sold when the time is up for contract renewal then my understanding is that the notice is invalid and they'll need to renew your contract - of course if they don't give you a 90 day notice of any change to the contract and/or a rent increase then they will have to renew the contract as-is without any increase in rent.
> 
> There's a slight chance that they issued these notices in hopes to get rid of the existing tenants and then rent the units out again at a higher price. Only time will tell. I wouldn't worry about it too much for the time being.


You are right, I was worried about moving and all but now, I am okay.

It seems it is to increase the rent beyond 20% RERA ceiling. However, only time will tell what is the real intention.

We will see whatever happened in next July.


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## Mclovin oo7

So, I got the condo renewed for another 11 months (12 months from the date of notice).

Do I need to get Ejari done again? This time, they gave me only the tenancy contract and cheque receipt.


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## BedouGirl

Mclovin oo7 said:


> So, I got the condo renewed for another 11 months (12 months from the date of notice). Do I need to get Ejari done again? This time, they gave me only the tenancy contract and cheque receipt.


Yes, it's only valid as long as the tenancy contract.


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## Mclovin oo7

BedouGirl said:


> Yes, it's only valid as long as the tenancy contract.


Thank you, I will try to use the documents they provided first time around or I will have to ask them for new docs. I remember, owners passport copy and some other documents were required.


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## qasimali

Need assitance. When I renewed my contract, my landlord had me sign a letter saying that I will be vacating my apartment at the end of the contract. At the time I didn't give it much thought, but unfortunately now he is trying to raise the rent too much and wants me to leave. 

There is no reason stated in the letter on why I will be moving out. 

Does anyone know if I can still go to the rental committee and dispute the unreasonable raise in rent?


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## Yoga girl

What you signed has no legal validity and RERA doesnt accept it. If the increase he is asking for is within the rental calculator then he is within his rights to ask for the increase and it is up to you to move to cheaper accommodation. If it is above the rental calculator index then you just go to RERA and ask them to draw up the renewed tenancy contract under the same terms and conditions and deposit the cheque with them, then let your landlord know. You don't need to open a case to do this.


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## lookingforsmth

Yoga girl said:


> If it is above the rental calculator index then you just go to RERA and ask them to draw up the renewed tenancy contract under the same terms and conditions and deposit the cheque with them, then let your landlord know. You don't need to open a case to do this.


this is also what they told me now at the call center for the rental disputes. my landlord wants to increase the price but even though it's within the rental calculator they didn't give me a written notice 90 days before. the guy at the call center asked me to try again to agree amicably with the landlord and if he doesn't agree, i should just renew it through rera ))


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## lookingforsmth

for the reference my situation is as follows:
- my rent expires Aug 31. 
- the landlord sent me the eviction note in Dec 2013 with the registered mail (was dated by 31 Aug 2013 though and didn't state the reason for eviction)
- when i said i want to renew the contract they said "ok but the price will be increased" (by 15% within the rental calculator). when i said they should have sent me a written notification 90 days in advance they said "but we already sent you the eviction notice". 

what landlord did wrong:
- the eviction notice didn't mention the reason, and according to the rental disputes center it makes it non valid.
- they didn't send me a written notification about the price increase 90 days in advance which again means they still have no right to increase it.

the measures i can take are stated in the previous post )) 
so, that's what i'm going to do if they don't solve it amicably.


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## Yoga girl

It is good to see many people fighting back and getting what is within their rights. Unfortunately our story is not a happy one.

We got an eviction letter from our landlord only one month (August) after renewing our contract stating he was planning on selling. He then sold the property and around October the new landlord finally appeared on the scene. He tried to pay us off to move by end of the year and we refused. We asked him to provide us the documents to prove he was indeed the landlord, title deed etc and his documents, as well as to reissue our tenancy contract under his name. He sent us the title deed and refused to give us the rest.
When it was 60 days from the end of our lease we sent him an email to inform him we wanted to renew. He told us we had received an eviction letter. Yes, but that was from the old landlord and it came late. So his next step was to send us a letter from his lawyer telling us to move or they would take legal action,
The issue then became does the law mean that 12 months eviction notification starts from the date it was sent? or from renewal of the subsequent lease? The Arabic wasnt clear so we decided to consult a lawyer who is an expert in these matters.
He said we had a case and to stay put.

Luckily for us we moved as we didnt trust our landlord and if we only had an extra month anyhow it was better sooner rather than later and dealing with the landlord. It turned out to be the best thing as he proceeded to prevent us access to our flat and car park even though we were still entitled to at least one extra month after the lease was up. He then proceeded to break into the flat. Break the locks and change them and move in himself.

Meantime our lawyer went on holiday and his 2 successive replacements were unwilling to call to get our cards reactivated and to find out what had happened to the public notary notification letter we sent back in reply to his. This has yet to be delivered to their lawyer. The excuse Aramex gave was the address was not sufficient and the lawyer was refusing to accept it.
Our lawyer then proceeded to sit on this on his return on the grounds that we had moved anyhow so what we wrote was no longer valid.

We made him write a second letter and this time demanded he send it through DHL asking for our deposit back since he had had the month and could not have any objections as he had moved in himself without bothering to contact us.
The reply was they spent all the deposit getting swipe cards reissued?
ReallY??? I went and got proof this was not so. Our lawyer decided to sit on it and suggested once again we open a criminal case against our landlord for breaking in. Unfortunately due to the events that happened during his holiday and what he subsequently failed to do, by this time our case was weak.

In the end we've had to give up. Our health is more important. But what has clearly emerged from this situation is:
1. the laws need to be clarified with regards to notifications
2. the public notary system doesnt work (the initial notification from our old landlord had to be sent via private courier after public notary failed to deliver and get a signature from us)
3. the entire system is a shambles.

You read all these articles about how to fight the landlord, and landlords complainng that the system is against them. In our case we not only didnt get what was rightfully ours (extra time and deposit back), but we lost out money paying a lawyer and his firm who were clearly only interested in our money and not in doing their jobs.

Wanted to share this with everyone so that people read up on rules and don't rely on others. Fight your own battles! And I hope you'll have better luck than we did.


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## Mclovin oo7

Yoga girl said:


> It is good to see many people fighting back and getting what is within their rights. Unfortunately our story is not a happy one.
> 
> We got an eviction letter from our landlord only one month (August) after renewing our contract stating he was planning on selling. He then sold the property and around October the new landlord finally appeared on the scene. He tried to pay us off to move by end of the year and we refused. We asked him to provide us the documents to prove he was indeed the landlord, title deed etc and his documents, as well as to reissue our tenancy contract under his name. He sent us the title deed and refused to give us the rest.
> When it was 60 days from the end of our lease we sent him an email to inform him we wanted to renew. He told us we had received an eviction letter. Yes, but that was from the old landlord and it came late. So his next step was to send us a letter from his lawyer telling us to move or they would take legal action,
> The issue then became does the law mean that 12 months eviction notification starts from the date it was sent? or from renewal of the subsequent lease? The Arabic wasnt clear so we decided to consult a lawyer who is an expert in these matters.
> He said we had a case and to stay put.
> 
> Luckily for us we moved as we didnt trust our landlord and if we only had an extra month anyhow it was better sooner rather than later and dealing with the landlord. It turned out to be the best thing as he proceeded to prevent us access to our flat and car park even though we were still entitled to at least one extra month after the lease was up. He then proceeded to break into the flat. Break the locks and change them and move in himself.
> 
> Meantime our lawyer went on holiday and his 2 successive replacements were unwilling to call to get our cards reactivated and to find out what had happened to the public notary notification letter we sent back in reply to his. This has yet to be delivered to their lawyer. The excuse Aramex gave was the address was not sufficient and the lawyer was refusing to accept it.
> Our lawyer then proceeded to sit on this on his return on the grounds that we had moved anyhow so what we wrote was no longer valid.
> 
> We made him write a second letter and this time demanded he send it through DHL asking for our deposit back since he had had the month and could not have any objections as he had moved in himself without bothering to contact us.
> The reply was they spent all the deposit getting swipe cards reissued?
> ReallY??? I went and got proof this was not so. Our lawyer decided to sit on it and suggested once again we open a criminal case against our landlord for breaking in. Unfortunately due to the events that happened during his holiday and what he subsequently failed to do, by this time our case was weak.
> 
> In the end we've had to give up. Our health is more important. But what has clearly emerged from this situation is:
> 1. the laws need to be clarified with regards to notifications
> 2. the public notary system doesnt work (the initial notification from our old landlord had to be sent via private courier after public notary failed to deliver and get a signature from us)
> 3. the entire system is a shambles.
> 
> You read all these articles about how to fight the landlord, and landlords complainng that the system is against them. In our case we not only didnt get what was rightfully ours (extra time and deposit back), but we lost out money paying a lawyer and his firm who were clearly only interested in our money and not in doing their jobs.
> 
> Wanted to share this with everyone so that people read up on rules and don't rely on others. Fight your own battles! And I hope you'll have better luck than we did.


Hi Yoga girl, 

Sorry to hear about your case. Your lawyer was so predictable, only interested in the money. The problem is there are too many unethical people here who would do anything for money.


----------



## expat28

I used the rent committee last year - it was a very efficient process to resolve issues with my landlord.


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## pnephil

Hi all, I'm 10 months into my rental contract and the landlord has just been in touch asking for a rental increase of 25%. I had already checked the rent increase calculator which says maximum 5% and told him max I would pay would be the 5%, which he says is unacceptable. 

The 90 day notice of rental increase doesn't apply as the contract states 2 months notice of rent increase.

There is a slight complication in that we rented what we thought was a 4-bed villa but when the EJARI came back it was listed as a 3-bed villa. The identical villa next door is currently for sale and is listed as a 3-bed + 2 study villa.

I've therefore used the rent calculator based on the 3-bed villa that the EJARI says it is. The landlord is insisting it is a 4 bed villa and commands a higher rent.

If the stalemate continues can I go to RERA and deposit a cheque with them based on it being a 3-bed villa or might they side with the landlord and say it's a 4 bed?

Be grateful for any advice.


----------



## shotcaller

pnephil said:


> Hi all, I'm 10 months into my rental contract and the landlord has just been in touch asking for a rental increase of 25%. I had already checked the rent increase calculator which says maximum 5% and told him max I would pay would be the 5%, which he says is unacceptable.
> 
> The 90 day notice of rental increase doesn't apply as the contract states 2 months notice of rent increase.
> 
> There is a slight complication in that we rented what we thought was a 4-bed villa but when the EJARI came back it was listed as a 3-bed villa. The identical villa next door is currently for sale and is listed as a 3-bed + 2 study villa.
> 
> I've therefore used the rent calculator based on the 3-bed villa that the EJARI says it is. The landlord is insisting it is a 4 bed villa and commands a higher rent.
> 
> If the stalemate continues can I go to RERA and deposit a cheque with them based on it being a 3-bed villa or might they side with the landlord and say it's a 4 bed?
> 
> Be grateful for any advice.



Hi. Regardless of what your tenancy contract states, your landlord needs to inform you of any changes atleast 90 days in advance prior to the expiry of the tenancy contract. Furthermore, if the Ejari states that it is a 3 bedroom, then Rera will apply the rent for a 3 bedroom, not a 4 bedroom. If you go to Rera, chances are that they will side with you.


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## w_man

Soo - it's that time of the year again. The contract is coming up for renewal and my landlord has a non-renewable clause. It reads:

_The occupancy of the apartment is for one year only. This is a non-renewable contract. This agreement itself serves as a 12 months vacating notice in prior to the tenant which is as per UAE rent law. The lease is non-renewable and the tenant will vacate the property at the end of the lease agreement. The tenant agrees to the above and will have no further legal disputes whatsoever and will vacate the property at the end of the lease agreement._

My understanding is that non-renewable contracts are not valid. These became a norm last year when rents were going up and landlords wanted existing tenants out. I have news articles as recent as last month making it very clear that the rent committee does not consider non-renewable contracts valid and eviction notice has to be sent by notary - so this is reassuring.

Just wondering if anyone here has had personal experience with fighting non-renewable contracts? I know this time last year, a few people here were talking about this issue so just wondering if any of you had to fight it and what the outcome was.

Thanks for sharing


----------



## NjxNA

w_man said:


> Soo - it's that time of the year again. The contract is coming up for renewal and my landlord has a non-renewable clause. It reads:
> 
> _The occupancy of the apartment is for one year only. This is a non-renewable contract. This agreement itself serves as a 12 months vacating notice in prior to the tenant which is as per UAE rent law. The lease is non-renewable and the tenant will vacate the property at the end of the lease agreement. The tenant agrees to the above and will have no further legal disputes whatsoever and will vacate the property at the end of the lease agreement._
> 
> My understanding is that non-renewable contracts are not valid. These became a norm last year when rents were going up and landlords wanted existing tenants out. I have news articles as recent as last month making it very clear that the rent committee does not consider non-renewable contracts valid and eviction notice has to be sent by notary - so this is reassuring.
> 
> Just wondering if anyone here has had personal experience with fighting non-renewable contracts? I know this time last year, a few people here were talking about this issue so just wondering if any of you had to fight it and what the outcome was.
> 
> Thanks for sharing


Always considering how volatile the law is... this cannot be considered a valid eviction notice.
I wouldn't sign it and actually bring it to the Rent COmmittee to have the sentence removed from the contract.
The eviction notice has to state the specific reason why he's serving you the notice:
- Private use (if so, he cannot rent the apartment to anyone else for two years)
- Selling (same as above, plus you're entitled to stay or a compensation if he doesn't sell before you move out). For both, the compensation _should_ be of one year rent value.


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## sv7

Please help,

I have moved into an apartment in JLT since August, and have dealt with Better Homes on the deal. During the whole process, the landlord (apparently lives in Iran), was never seen in-person and all documents were signed through courier/e-mail. I assume it is legit as it is registered with RERA and also done through agent at BetterHomes. During the signing, agent told us we can sign up for EJARI later and that we have to wait for landlord to send original contract over before we can register, it has been almost 2 months and landlord we have still never heard anything from the landlord or betterhomes about the contract. 

Despite the stressful process of getting everything signed and completed with BetterHomes and landlord, we finally moved in, but there has been so many nightmares dealing with the landlord it is extremely frustrating and desperately need advice!!

Within a month, there was a leakage in the kitchen ceiling, and my landlord could not be reached even when I e-mailed him claiming it was an emergency and called his phone numbers for an entire week and it has been shut off. At the end, I paid for the repairs out of my own pocket and I sent him a frustration e-mail and he finally called me back saying he was "out of town" and "busy" and gave me 2 additional numbers that I can contact him by going forward and that he will pay me back and also he will be sending the contract agreement the next day. (NOTHING has happened since)

Two days ago I just read on the bulletin board in our apartment that Q1 & Q2 for 2013/2014 Service Charges are outstanding (my unit was listed), and that our access cards will be deactivated if not paid by this Sunday. I had no idea of this and I thought landlords are responsible for building service charges, and of course the landlord cannot be reached by both his phone numbers, his representatives phone number is cut off as well, and betterHomes is of no help and provided no response. 

SOMEONE PLEASE GIVE ME SOME ADVICE AND GUIDANCE as I am at a breaking point with my landlord and it's only been a little over a month!!!


----------



## QOFE

sv7 said:


> Please help,
> 
> I have moved into an apartment in JLT since August, and have dealt with Better Homes on the deal. During the whole process, the landlord (apparently lives in Iran), was never seen in-person and all documents were signed through courier/e-mail. I assume it is legit as it is registered with RERA and also done through agent at BetterHomes. During the signing, agent told us we can sign up for EJARI later and that we have to wait for landlord to send original contract over before we can register, it has been almost 2 months and landlord we have still never heard anything from the landlord or betterhomes about the contract.
> 
> Despite the stressful process of getting everything signed and completed with BetterHomes and landlord, we finally moved in, but there has been so many nightmares dealing with the landlord it is extremely frustrating and desperately need advice!!
> 
> Within a month, there was a leakage in the kitchen ceiling, and my landlord could not be reached even when I e-mailed him claiming it was an emergency and called his phone numbers for an entire week and it has been shut off. At the end, I paid for the repairs out of my own pocket and I sent him a frustration e-mail and he finally called me back saying he was "out of town" and "busy" and gave me 2 additional numbers that I can contact him by going forward and that he will pay me back and also he will be sending the contract agreement the next day. (NOTHING has happened since)
> 
> Two days ago I just read on the bulletin board in our apartment that Q1 & Q2 for 2013/2014 Service Charges are outstanding (my unit was listed), and that our access cards will be deactivated if not paid by this Sunday. I had no idea of this and I thought landlords are responsible for building service charges, and of course the landlord cannot be reached by both his phone numbers, his representatives phone number is cut off as well, and betterHomes is of no help and provided no response.
> 
> SOMEONE PLEASE GIVE ME SOME ADVICE AND GUIDANCE as I am at a breaking point with my landlord and it's only been a little over a month!!!


Sorry to hear about your problems. So you haven't actually got the tenancy agreement yet or is the Ejari attested agreement that you're missing? 
How many cheques did you pay your rent in? Seeing as the landlord is unresponsive Better Homes should take some responsibility (not that they want to but...). Who are you dealing with at BH? Perhaps it's time to involve people higher up. I've heard that emailing all the big bosses there seem to get their finger out. The email address format should be first name dot last name @ bhomes.com You should be able to see the names of them on the website. I think RERA doesn't deal with issues if the tenancy agreement is not Ejari attested but it might be worth a try to contact them. 
In regards to the unpaid service charges- talking about eating your cake and keeping it. What a greedy little shyster. There have been some articles about that tenants' access cannot be blocked but I can't find the articles at the moment. I'll get back to you on that.


----------



## sv7

QOFE said:


> Sorry to hear about your problems. So you haven't actually got the tenancy agreement yet or is the Ejari attested agreement that you're missing?
> How many cheques did you pay your rent in? Seeing as the landlord is unresponsive Better Homes should take some responsibility (not that they want to but...). Who are you dealing with at BH? Perhaps it's time to involve people higher up. I've heard that emailing all the big bosses there seem to get their finger out. The email address format should be first name dot last name @ bhomes.com You should be able to see the names of them on the website. I think RERA doesn't deal with issues if the tenancy agreement is not Ejari attested but it might be worth a try to contact them.
> In regards to the unpaid service charges- talking about eating your cake and keeping it. What a greedy little shyster. There have been some articles about that tenants' access cannot be blocked but I can't find the articles at the moment. I'll get back to you on that.


Thank you so much QOFE, I found out I can get EJARI registered with copy of tenancy agreement so going to do that by tomorrow. I just don't want to pay the landlords service charges for him knowing he will not pay me back, but I also don't want to have our access cards deactivated...

if BH doesn't reply me by tonight I will disclose the person I've been dealing with and start e-mailing higher ups tomorrow.


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## K0sh

If service charges are not paid, the Owners Association can take measures to extract monies from owners which extends to halting future sales of properties without the OA getting it' service charges paid. There is no way the owner can avoid it long term and also he will be charged extra for the cost of said legal actions.
The owner may not be fully familiar with this so make him aware and that this cannot be avoided.
Secondly go to the owners association straight away and tell them what is going on and that disabling access will not affect the owner. They have and should use other means to get to the owner.


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## K0sh

Strictly speaking, BH should not have handed over your cheque without the LL having done his side of the paperwork.


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## BedouGirl

sv7 said:


> Thank you so much QOFE, I found out I can get EJARI registered with copy of tenancy agreement so going to do that by tomorrow. I just don't want to pay the landlords service charges for him knowing he will not pay me back, but I also don't want to have our access cards deactivated... if BH doesn't reply me by tonight I will disclose the person I've been dealing with and start e-mailing higher ups tomorrow.


Please do not name anyone specific on the forum. It may be that it could cause you and the forum legal issues at some point.

I think this does bear commenting, without wishing to cause you further distress, that people who are renting from private landlords need to include all relevant details of who is responsible for what in the tenancy contract. This kind of situation, sadly, is not unusual. Good luck in sorting everything out.


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## w_man

sv7 said:


> Thank you so much QOFE, I found out I can get EJARI registered with copy of tenancy agreement so going to do that by tomorrow. I just don't want to pay the landlords service charges for him knowing he will not pay me back, but I also don't want to have our access cards deactivated...
> 
> if BH doesn't reply me by tonight I will disclose the person I've been dealing with and start e-mailing higher ups tomorrow.


As mentioned above, naming-and-shaming unfortunately doesn't work here and can land you into some trouble so avoid doing that.

Building management can NOT deactivate your cards and this is against RERA rules as far as I know. It's amazing how they all try - even the big players who should know better. Don't worry about what articles you can find online. I would personally take all the evidence/paperwork you do have and head over to RERA to get all your answers. Do NOT pay the management fees - you'll probably never get it back.

I think your main issue is the lack of original signed documents. Try to get Ejari done ASAP - I have gone to the typing center/ejari certification location at the Galleria Mall (by the Hyatt Regency Deira) - they are on the second floor. They seem to be more relaxed on document requirements than some of the other centers. 

Also maybe take evidence of the cheques getting cleared from your account. Every evidence you have will help the cause - including any e-mail interaction you have with bhome and/or landlord. 

Try to get the documents sorted and visit RERA asap so you can try and stop building management from deactivating your account. Hopefully the rest will sort out in time.

Good luck and keep us posted on how things pan out.


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## QOFE

Can I just say that I did not intend to encourage any naming and shaming. I was merely asking who he is dealing with to find out if he had escalated the issue. If the agent is not responding to phone calls/emails he/she is clearly not doing their job and it needs to be escalated to get the issue solved. 

I would also recommend that you contact the owner's association and make it clear to them that you are the tenant living in the property. It would be ridiculous to prevent access of a paying tenant. 

Good luck and please let us know how you get on.


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## yoplu

w_man said:


> As mentioned above, naming-and-shaming unfortunately doesn't work here and can land you into some trouble so avoid doing that.
> 
> Building management can NOT deactivate your cards and this is against RERA rules as far as I know. It's amazing how they all try - even the big players who should know better. Don't worry about what articles you can find online. I would personally take all the evidence/paperwork you do have and head over to RERA to get all your answers. Do NOT pay the management fees - you'll probably never get it back.
> 
> I think your main issue is the lack of original signed documents. Try to get Ejari done ASAP - I have gone to the typing center/ejari certification location at the Galleria Mall (by the Hyatt Regency Deira) - they are on the second floor. They seem to be more relaxed on document requirements than some of the other centers.
> 
> Also maybe take evidence of the cheques getting cleared from your account. Every evidence you have will help the cause - including any e-mail interaction you have with bhome and/or landlord.
> 
> Try to get the documents sorted and visit RERA asap so you can try and stop building management from deactivating your account. Hopefully the rest will sort out in time.
> 
> Good luck and keep us posted on how things pan out.


Yes totally right, that the building have no right to deactivate your access cards due to the non payment of service charges by the owner. 

See here: Property fees must be paid by owners: Rera - Emirates 24/7

Also you can refer to: Law (26) 2007 Article 34


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## yoplu

Furthermore, I dont know whether RERA can or cannot help you with the deactivation of the access cards. However as they are responsible for all Interim Owners Associations in Dubai they do have an interest in if these management companies are breaking the law. 

However, at Dubai Municipality, just down the road from RERA the "Rentals Dispute Centre" can help. I had the same situation, I presented the evidence translated into arabic (can be done there) and the judge gave an order to the management that they must reactivate my cards immediately


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## sv7

Thank you so much for your help! Through leaving countless messages and sounding off on e-mails to landlord, landlord got his company's "accountant" in touch with me, and I told him to contact my building's management group immediately as well as cc: me on all forms of communication as well as provide me with a copy of the paid invoice. He promised he would do it right away, never heard back from him again (no copies of invoice), but my card was not deactivated and I haven't heard from building management so I assume they paid for it...

Absolutely ridiculous and frustrating dealing with landlord here...I miss owning back home and not have to deal with this. 

Again, thank you all for your help, it definitely eased me from a lot of stress that I was going through.


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## newtotown

Can any one help with any advice for my case below as I have had conflicting information from the rental committee. When I called and explained my case they were helpful and assured me I would have a good case, they said that many landlords are trying tricks like this and that if I didn’t receive a notice via notary public that I should come down to them with the old contract and payment for next year and they will automatically renew my contract on last years terms and will call the landlady to tell her and advise her to pick up the payment and sign the contract. It all seemed simple and as if I definitely had a case to stay.
However my landlady went there and they called me while she was with them and they were very aggressive and used bullying tactics and also told me all information I had been given was in correct and that my landlady has opened a case against me and will win.
I am now trying to find all correct information and any loop holes that she may have found so that I can have back up evidence to prove she is acting wrongly.
I have been in the same apartment for 4 years and therefore have a pretty good rental deal. My recent contract expired on 3rd nov 2014
Prior to this I told my landlady I want to stay next year. She told me initially that she was selling and I have to leave, then she said her son might move in but if he doesn’t then I can stay, then she said again that she wants me out, many times she didn’t even bother to reply to my emails suggesting a new price for next year and asking why she really wants me to leave. I am sure she is not selling and I am sure her son and his family will not want to move in to my little 2 bed place.
She has told me that last year on 6th November she served me a notice through the public notary saying I have to leave. I did not receive this. I have been advised that I have a few arguments here, one being that the notice should have been signed for or that there should be an aramex receipt for this and it should have been posted on my door. I have asked for aramex copy as the landlady told me she had it, yet she has never shown this to me. When the RC called me on behalf of landlady they said they have a copy of the notice and it said my maid answered the door and said I was at work ( I do not have a maid!) and also that the notice was taped to me door….which it wasn;t otherwise I would have seen it. Do I have any argument here if they cannot prove it was actually delivered as the RC said the fact that they have a copy of it is proof enough.
My other advice was that the notice should have been served before my contract had ended, it was apparently served 3 days after thus meaning that my contract for 3rd nov this year should automatically be renewed and the terms of the notice that she says she delivered have to let me see through my new contract. Does anyone have any advice on this, I’m finding it difficult to find back up proof that this is the case.
I was also told that for the landlady to serve a notice our contract has to have been registered with ejari. As far as I know she hasn’t done this as I registered it on August this year (after her apparent notice had been delivered) because of a housing fee dispute with DEWA and it wasn’t flagged as having been registered previously. Could this mean that her notice is invalid to doesn’t exist.
I’m concerned that my landlady has someone on side at RC. I have agreed to go there on Tuesday with all of my documents and arguments for staying. They have asked me to see a particular person who is dealing with the case that my landlady has filed against me. After the way the aggressively spoke to me and bullied me on the 4 phone calls that they made to me I’m thinking I may go there a few hours earlier and see if I can get advice from someone independent of my landladys ‘buddies’ at RC without mentioning her case against me to see if I can get some straight answers. I’m also concerned that maybe they will favour a Syrian over a british expat who may be ‘being difficult’
Has anyone had anything similar or can offer advice on how to arm myself fully to try and prove that legally I have the right to stay.


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## Gavtek

Definitely go there and speak to someone else, anyone else. If they cannot show you any evidence, don't make any decisions or agree to anything, simply stand up, state that you are going to review things with your lawyer and walk out.

It may also be worth trying to get some of the columnists in The National newspaper to take up your plight.


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## NjxNA

Few info from your post...

-On the eviction notice it must be written why... either selling or use it for family, cannot be both.
-The same must be signed by you, if she has somehow forged the signature just threaten her to call the police, don't bother discussing.
-The notice can be served anytime during the rental period and the related 12 months start on the day you sign it
-Contract needs to be registered only once, if you did it means the contract it's registered, doesn't matter who did.

She didn't open a case... they wouldn't bother calling you if she actually did open the case. They try to settle it in advance.
By the way, as a piece of advice, don't send her emails, just registered mail for all communication.


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## telecompro

NjxNA said:


> Few info from your post...
> 
> -On the eviction notice it must be written why... either selling or use it for family, cannot be both.
> -The same must be signed by you, if she has somehow forged the signature just threaten her to call the police, don't bother discussing.
> -The notice can be served anytime during the rental period and the related 12 months start on the day you sign it
> -Contract needs to be registered only once, if you did it means the contract it's registered, doesn't matter who did.
> 
> She didn't open a case... they wouldn't bother calling you if she actually did open the case. They try to settle it in advance.
> By the way, as a piece of advice, don't send her emails, just registered mail for all communication.


I have one comment on this please - i also received 12 months notice and it was via the court registered mail with a sticker on the back of the notice. But it was stuck to my door when i got back from work and i did not sign anything. Does this mean it is valid or not? I called up RERA and they advised that it does not matter whether you sign or not...any clues?


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## newtotown

Today I went to the meeting at the rental committee, there was a lady running the meeting who works for the evictions department and a man sitting in who was apparently a director of the rental committee and there was my landlady, myself and a friend of mine who has worked in property and who has done the RERA exams. 

To start with the issue of who on when Ejari was registered means nothing. 

The issue of whether I received the notice to vacate, the date of it etc also all seemed to mean nothing. The landlady had a copy and that seemed to be enough to prove they had delivered it. It had the note on it that I mentioned before saying my maid had answered the door and said I was at work and that they notice had been posted on the door. No one seemed to care if this was true or not. Which it is not as I don’t have a maid and nothing was ever posted on my door

The notice did not state the reason for her wanting me to move out. Ie for personal use etc. I raised this quoting article 25 of Law No. 33 of 2008, Amending some provisions of Law No. 26 of 2007 Regulating Relationship Between Landlords & Tenants in the Emirate of Dubai. When I explained that I thought by law she had to state one of the reasons for eviction on the notice they also seemed to suggest that this didn’t matter at all as long as a notice existed

My landlady told them she wants to move in because she currently rents and her landlord has increased her rent.

I explained that I didn’t think she had followed the legal process and that I wanted to stay and was willing to pay more. I said I would fight to stay.

Then the lady running the meeting explained that she thinks the case could go either way. Neither of us have 100% chance of winning.

My landlady then said she would let me stay if I paid an increase of 45% I said no but I would offer the max amount that the RERA calculator suggests which is 20% and I also pointed out to all parties in the room that the fact she is now willing to negotiate proves that she doesn’t want to move in she just wants more money.

The 2 officials in the room said we now have to make a settlement statement and seeing as my landlady won’t agree to the 20% increase I was offering in line with RERA they gave 2 options. I stay with an 37% increase but can’t renew next year or I stay with 41% increase and the contract is renewable for a further year subject to rental increase. Both these prices are still 10-15k below the going market rate so it would still make financial sense for me to settle.

They said I have to agree to one of those or file a case to fight the landlady costing 3.5% of the current rental fee and they advised that lawyers fees would start at around 20,000. I cannot afford this if I lose

I feel that despite the fact that my landlady lied the whole time in there….and they knew it and that she was asking for things above the law like a rental increase of over 20% they were still allowing her to get away with it. 

I said I would not make decisions there and then and they have given me 2 days to get back to them. It seems like I will have to settle for one of their offers. I can’t risk filing a case and losing. The whole law seems like a joke to me. Nothing or no one is protecting me from my greedy landlady. I really resent paying her any more money at all after her putting me through all this and her constant lying, but I think I will have to give in

I asked for a copy of the notes from the meeting as the lady was writing it all down but I was told I cannot have a copy therefore I can’t use it as evidence on court that my landlady was entering negotiations of price and therefore doesn’t really want to move in.


----------



## w_man

wow! That's sounds pretty bad. So what exactly did they say when you asked for proof of delivery? I mean, was there at least a receipt from Aramax or notary public or something similar that suggested the letter was delivered to you? 

I think it would be safe for you to start a case IF there's no proof of the method of delivery and there is no reason stated. FYI - most people who have filed a case with the rental committee don't get a lawyer so you really only pay 3.5% AND you should get the 3.5% back from the landlord if you win the case.


----------



## newtotown

I asked for proof of delivery and they had a copy of the notice and another piece of paper apparently from the notary public person who delivered it which explained that they had tried to deliver, my maid answered the door, the notice was put on my door etc. They said the copy that my landlady has is enough proof that the notice exists and they didn't seem too bothered with actual proof that I received it!

On top of that is the fact that the notice doesn't actually say why she wants me to leave either....which I thought by law it had to state on of the reasons. Apparently not, they brushed this aside also.

I do feel I was being bullied and also at a disadvantage at being a westerner and unable to speak Arabic. At one point they told me that in their culture it is important to be nice to the elderly women. ie my landlady, and that I should respect this and be reasonable!

It seems a joke to me as I have done nothing wrong yet everything she has done is wrong, not delivering the notice correctly, not stating why she wants me to leave, then changing her mind and saying that I can stay but at a huge increase that is above the legal increased outlined by RERA. Its clear she just wants more money so she is in the wrong. I understand her frustration that she feels she can earn money from the apartment but I have been there for 4 years and really looked after the place and given her no hassles, 2 company cheques every year etc so I feel I am fair in offering the 20% increase in rent. Yet she wouldn't accept this and the officials didn't push her to accept it.

My worry is if I let her file a case against me somehow strings will be pulled and I will lose. I can't afford to pay the court costs plus the landladys legal costs especially if I have to then go and find an apartment which will cost me more than I am currently paying.


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## w_man

Well it looks like she has some sort of proof from notary public - not sure if it's fabricated or not. 

Personally, I would tell the landlady that she's being unreasonable and that you will NOT pay more than 20%. At the same time, mention to her that if she decides to change her mind and rent out the unit again within the next 2 years of evicting you, you will definitely file a case against her and WILL win compensation - which can be quite a bit. But then you'll have to follow through if she doesn't change her mind.

That's me though - looks like you have a pretty good deal at the moment so maybe just settling this with her is your best option. 

Good luck


----------



## MVM

telecompro said:


> I have one comment on this please - i also received 12 months notice and it was via the court registered mail with a sticker on the back of the notice. But it was stuck to my door when i got back from work and i did not sign anything. Does this mean it is valid or not? I called up RERA and they advised that it does not matter whether you sign or not...any clues?


I received the same last week. Can anyone shed any light?


----------



## daudjafery

*Tenancy contract renewal problem*

Dear Friends,
Please help, my friend is in very disturbing situation and we need help.
My Friend rented a studio in al quasais for 30000 per anum.
he contract expired in september 2014 and the real estate company asked for renewal at 42000 which is too much, she had a long discussions during september with the company manager and ended at the demand by that real estate guy nothing but to leave the apartment or pay desired amount.
however she went to RERA and she put a case and she gave checques that old contract to rera.
Rera people informed her that they will call the real estate and ask for legal rise if he refuse then she might need to file a case on him and she has 99% chances of winning. She waited almost One and half month, during this period she called 2 times at same real estate to tell them to go to rera but manager did not come on phone, she also sent 2 emails to same companies but no responce,
on 6th November I go with her to RERA to ask them what to do as real estate people are silent, They told us they will put an advertisement and if they guy may not respond then you will have to file the case, rest you are safe and he cannot do anything. Today she travelled to her home country for 15 days and she got a call from a new guy from some other real estate that the building belongs to this new real estate company and they had put notice paper of building entrance that company is changed and tenants have to get/renew their new contract on expiry of old one from them!!!!!!
and as her contract is expired from last 2 months she must renew it otherwise they will cut electric and water supply, she must come back as they can not wait 15 days. and the case she put in RERA is on other company and not in new owner name so it has no legal status.
Please friends, advise what options we have and is it possible for them to cut off electric / water supplies and put case on her name?
i will be waiting for your kind sugestions impatiencly.


----------



## BedouGirl

Has she or you spoken with RERA about this? If not, I think one of you should call them tomorrow and see what they say.


----------



## newtotown

MVM said:


> I received the same last week. Can anyone shed any light?


When I was at the rental committee they said that this is valid if it is stuck to your door. in my case they said its even valid if it wasn't stuck to my door and I didn't receive it at all. as long as the landlord has a copy of the notice and says they tried to deliver it to you then its valid. no signature from your side is needed.


----------



## newtotown

daudjafery said:


> Dear Friends,
> Please help, my friend is in very disturbing situation and we need help.
> My Friend rented a studio in al quasais for 30000 per anum.
> he contract expired in september 2014 and the real estate company asked for renewal at 42000 which is too much, she had a long discussions during september with the company manager and ended at the demand by that real estate guy nothing but to leave the apartment or pay desired amount.
> however she went to RERA and she put a case and she gave checques that old contract to rera.
> Rera people informed her that they will call the real estate and ask for legal rise if he refuse then she might need to file a case on him and she has 99% chances of winning. She waited almost One and half month, during this period she called 2 times at same real estate to tell them to go to rera but manager did not come on phone, she also sent 2 emails to same companies but no responce,
> on 6th November I go with her to RERA to ask them what to do as real estate people are silent, They told us they will put an advertisement and if they guy may not respond then you will have to file the case, rest you are safe and he cannot do anything. Today she travelled to her home country for 15 days and she got a call from a new guy from some other real estate that the building belongs to this new real estate company and they had put notice paper of building entrance that company is changed and tenants have to get/renew their new contract on expiry of old one from them!!!!!!
> and as her contract is expired from last 2 months she must renew it otherwise they will cut electric and water supply, she must come back as they can not wait 15 days. and the case she put in RERA is on other company and not in new owner name so it has no legal status.
> Please friends, advise what options we have and is it possible for them to cut off electric / water supplies and put case on her name?
> i will be waiting for your kind sugestions impatiencly.


It is my understanding from my recent visits to the rental committee that your contract gets automatically renewed with your landlord if they have not come to a new rental price agreement or have not yet filed a case to evict you. Therefore your friends contract should have been automatically renewed and legal. It is also my understanding that if a new person buys the property they must honor all existing contracts of current tenants from the old landlord so if your friends contract was automatically renewed they must honor this. 

However as with all things there is no clear black and white so I suggest your friend calls the rental committee and gets them to contact the new property owners on her behalf.

Your friend does not need to file a case to stay, it is the landlords role to file a case if they want you to leave. I was told by the rental committee to sit tight in my apartment until a new rental price had been agreed or until my landlady filed and eviction case against me.


----------



## Samburukind

*Rental Commitee*

Hi,

as an Agent and lot of dealing with RDC i can tell you, the Landlord is not allowed to increase this way, also not to evict without 12 month notice from the the court in form of a Legal Notice via Aramex !

The RDC will either call her or if you want to renew, you have to place the cheques directlxy with a new contract which the Typing Center will make for you, The Landlord has to pick it up there in between 30 days, if not the case will open up automatically and the Lawyer will decides. How it look likes for your position , cause situation is very clear.



regards


----------



## tierento

*Notice*

12 Months ago I got a notice telling me I had 3 months to vacate. I managed to get another 12 month lease as I pointed out this wasn't legal, but they tacked on a non-renewal clause.

I know the non-renewal clause isn't legal but would the original 3 months notice be considered a replacement for a 12 month notice?


----------



## qtchick

hi can you explain a little more.
I have deposited cheques with required documents. I was told to come after a month....
until now, my chques has not been presented to bank, which means landlord has not collected the cheques so far. What happens next? does the case open automatically? or i have to open a case? can i just avoid it...and wait for landlord to open a case against me to save all the hassle?


----------



## Gavtek

I moved into a 2 bedroom apartment in January, I'm paying 140k.

I just got notice from the landlord that they're putting my rent up 5% despite this already being in the RERA range for the Marina.

I checked the RERA calculator and it now seems to agree with the landlord when it didn't last month.



> The rent for a Two bedrooms apartment in Dubai Marina is in the range 140000 to 190000 AED per year.
> Your rent is 11% to 20% less than the average similar rent in the area
> So you are entitled to a maximum increase of 5% ( 7000 AED per year)


Do they still have the rule that rents can't increase after 1 year only?

I can't understand why the RERA calculator is now saying I'm paying less than the average when rents have stopped increasing lately.


----------



## TallyHo

RERA calculator is always a few months behind trends. Rents have stagnated or even started dropping a bit in the last month or two. Then again it could be that similar properties are still renting for more than what you paid last January (for example, you paid 140K, rents peaked at 160K and are now renting for 150k)

The law stating no rent increase in the second year was removed a few years back. Everything is now subject to the RERA calculator. 

But from what I understand the landlord has to notify you of any changes to the terms and conditions of the contract, including rent increases, 90 days before the end of the contract period. It's obviously too late now. 

This is what I've copied from a rental guide:

Renewal Timings – The 90 day Law (Article 14)
If either party of tenancy contract wishes to amend any of its conditions pursuant to Article (13) of this Law, then he must notify the same to the other party not less than 90 days prior to expiry date, unless both parties agreed otherwise.

One to be aware of as this generally works best for the tenant. The law is very specific for any change to the terms of your contract, including rent increases; the LL must inform you 90 days before the renewal date. You do not have to accept any change within the 90 day period.



Gavtek said:


> I moved into a 2 bedroom apartment in January, I'm paying 140k.
> 
> I just got notice from the landlord that they're putting my rent up 5% despite this already being in the RERA range for the Marina.
> 
> I checked the RERA calculator and it now seems to agree with the landlord when it didn't last month.
> 
> 
> 
> Do they still have the rule that rents can't increase after 1 year only?
> 
> I can't understand why the RERA calculator is now saying I'm paying less than the average when rents have stopped increasing lately.


----------



## BBmover

TallyHo said:


> RERA calculator is always a few months behind trends. Rents have stagnated or even started dropping a bit in the last month or two. Then again it could be that similar properties are still renting for more than what you paid last January (for example, you paid 140K, rents peaked at 160K and are now renting for 150k)
> 
> The law stating no rent increase in the second year was removed a few years back. Everything is now subject to the RERA calculator.
> 
> But from what I understand the landlord has to notify you of any changes to the terms and conditions of the contract, including rent increases, 90 days before the end of the contract period. It's obviously too late now.
> 
> This is what I've copied from a rental guide:
> 
> Renewal Timings – The 90 day Law (Article 14)
> If either party of tenancy contract wishes to amend any of its conditions pursuant to Article (13) of this Law, then he must notify the same to the other party not less than 90 days prior to expiry date, unless both parties agreed otherwise.
> 
> One to be aware of as this generally works best for the tenant. The law is very specific for any change to the terms of your contract, including rent increases; the LL must inform you 90 days before the renewal date. You do not have to accept any change within the 90 day period.


Agree re the 90 days unless there is an addendum in your contract stating 60 days renewal. We were stung with this on our renewal which Rera agreed on when we queried.


----------



## tierento

BBMover how easy was it to discuss with RERA? Were they friendly enough?


----------



## Gavtek

The landlord sent a letter by courier saying that the rent would increase in line with the RERA calculator well before the 90 days were up, also stating at the time of the letter no increase was due but was subject to change if the calculator changed.

I replied back agreeing to this, obviously not expecting the average prices to increase any further.

However, this e-mail advising of the change of the RERA calculator and asking for an extra 7000 has come about 6 weeks before the lease expiry so I'm going to tell them that the qualification in their original letter expired once the 3 month threshold passed, I was just hoping there was something else to strengthen my case as I can see this getting messy.

The landlord is a company that I would imagine has access to plenty of wasta so based on other people's experiences at RERA/Rent Committee in such cases, I don't fancy my chances if I file a case.


----------



## nmodha

I have found RERA officials to be more or less cordial and friendly


----------



## Gavtek

Cracking insight there fella.


----------



## BedouGirl

nmodha said:


> I have found RERA officials to be more or less cordial and friendly


Was it more or was it less ?


----------



## SgtRoswell

Anybody has reference to lawyer for rent disputes cases? I have to consult a lawyer...


----------



## Byja

SgtRoswell said:


> Anybody has reference to lawyer for rent disputes cases? I have to consult a lawyer...


Have you been before RDC before? Rental disputes are usually handled in a simplified way. What sort of issue you have that you need to consult lawyer for, if you don't mind me asking?


----------



## SgtRoswell

Sent you the PM. let me know if you received it. 

Many thanks!


----------



## ibkiss

https://en-maktoob.news.yahoo.com/b...celled-projects-dubai-055102450--finance.html

... A MUST LOOK FOR INVESTORS !!!!!!


----------



## Desertrose70

Anyone knows if a real estate agent can ask a fee for renewal as per latest regulations? Even when I did not request this agent to arrange renewal as I asked the landlord directly to provide me a renewal contract.
Landlord has decided to have this real estate agent to provide me the renewal contract & collect the cheque.
Besides this, this real estate agent tried to bypass the RERA rules with fidling rental amount & tenancy contract start date.


----------



## Zaugna

Ladies and gents!

I need your advice on an urgent matter









I have found a flat for myself at Bahar 6, and i cannot say that I quite trust my agent. He sent me a draft of the tenancy contract that we will be signing with the landlord. Please find the contract below

The reason I am concerned is that there are contract items within the document which say that:

- the contract will become null and void after 1 year
- no reference to maintenance / service charges to be paid by the landlord
- no reference to any problems that might arise such as leaks, major problems within the flat
- no reference to the current condition of the flat in terms of furniture (it was fully furnished) or painting etc.
- no reference to annual rental increase, or any eviction procedures


I have checked another example from Ejari's website and the example contract also does not have reference to some of the items above.

So I wonder:

- would I get into trouble with the absence of the contract items I mentioned above

- existence of an item making the contract null and void after 1 year actually makes me worries. Is this a normal thing and is it superceded by Rera regulations?

- are there any red flags within this contract?

- are there any actions that you recommend before or right after signing the contract. Such as documenting the flat's current condition by visiting with the agent once again?

Thank you truly a lot in advance for having a look at my questions. I'm worried about the contract and I know that the folks here could be an excellent source for me to find some answers and possibly some comfort










Edit: i guess I couldn't upload here for some reason, so please find a link below to the contract's image

http://i.imgur.com/93dixxU.jpg


----------



## twowheelsgood

Desertrose70 said:


> Anyone knows if a real estate agent can ask a fee for renewal as per latest regulations? Even when I did not request this agent to arrange renewal as I asked the landlord directly to provide me a renewal contract.
> Landlord has decided to have this real estate agent to provide me the renewal contract & collect the cheque.
> Besides this, this real estate agent tried to bypass the RERA rules with fidling rental amount & tenancy contract start date.


Refuse to pay. Take the cheque for the right amount and the contract (retyped if necessary) to RERA directly and they can call the landlord to collect. He'll cash it and as you have no legal arrangement with the Agent, then they cannot chase you.


----------



## rsinner

Zaugna said:


> Ladies and gents!
> 
> I need your advice on an urgent matter
> 
> 
> 
> 
> 
> 
> 
> 
> 
> I have found a flat for myself at Bahar 6, and i cannot say that I quite trust my agent. He sent me a draft of the tenancy contract that we will be signing with the landlord. Please find the contract below
> 
> The reason I am concerned is that there are contract items within the document which say that:
> 
> - the contract will become null and void after 1 year I wouldn't worry too much about this. This is a year contract. You will sign a new contract for the second year
> - no reference to maintenance / service charges to be paid by the landlord Better to have this included, though as a matter of practice it is the landlord who pays it - however, read of some slimy landlords trying to invoice this to the tenant
> - no reference to any problems that might arise such as leaks, major problems within the flat better to specify that all "major maintenance" - maybe anything above AED 500 - to be done by the landlord
> - no reference to the current condition of the flat in terms of furniture (it was fully furnished) or painting etc. You should have an item list; also, take pictures and email them to the landlord as a record of the condition
> - no reference to annual rental increase, or any eviction proceduresnot needed in the contract as they are governed by RERA laws and the rent increase calculator
> 
> 
> I have checked another example from Ejari's website and the example contract also does not have reference to some of the items above.
> 
> So I wonder:
> 
> - would I get into trouble with the absence of the contract items I mentioned above
> 
> - existence of an item making the contract null and void after 1 year actually makes me worries. Is this a normal thing and is it superceded by Rera regulations?
> 
> - are there any red flags within this contract?
> 
> - are there any actions that you recommend before or right after signing the contract. Such as documenting the flat's current condition by visiting with the agent once again?
> 
> Thank you truly a lot in advance for having a look at my questions. I'm worried about the contract and I know that the folks here could be an excellent source for me to find some answers and possibly some comfort
> 
> 
> 
> 
> 
> 
> 
> 
> 
> 
> Edit: i guess I couldn't upload here for some reason, so please find a link below to the contract's image
> 
> http://i.imgur.com/93dixxU.jpg


I am hoping that someone who has more experience can give better advice. But please see my comments in red above.

also, would recommend that you include a break clause so that in case you have to leave mid way through the contract you can do so by giving X months of penalty/ notice.


----------



## AS100

My landlord gave me the one year notice on the day I moved in saying he wants to sell. 

The contract states that the tenancy will automatically renew if I don't give two months notice. Is this still applicable and how does the notice need to be given? 

I want to speak to the landlord to understand whether he still wants to sell but when is a good time to do this? I.e. do I need to do this prior to the two month deadline? 

If I do renew, how do I get a new tenancy contract? Rents have fallen, anyone managed a rent decrease? 

Thanks in advance for your help.


----------



## Saad Arif

*contract can't be renewed*



AS100 said:


> My landlord gave me the one year notice on the day I moved in saying he wants to sell.
> 
> The contract states that the tenancy will automatically renew if I don't give two months notice. Is this still applicable and how does the notice need to be given?
> 
> I want to speak to the landlord to understand whether he still wants to sell but when is a good time to do this? I.e. do I need to do this prior to the two month deadline?
> 
> If I do renew, how do I get a new tenancy contract? Rents have fallen, anyone managed a rent decrease?
> 
> Thanks in advance for your help.


Since you landlord has already given you one year notice, the contract cannot be renewed unless your landlord wants too. First make sure if your landlord is still interested in selling the apartment and then try and negotiate with him.


----------



## w_man

AS100 said:


> My landlord gave me the one year notice on the day I moved in saying he wants to sell.
> 
> The contract states that the tenancy will automatically renew if I don't give two months notice. Is this still applicable and how does the notice need to be given?
> 
> I want to speak to the landlord to understand whether he still wants to sell but when is a good time to do this? I.e. do I need to do this prior to the two month deadline?
> 
> If I do renew, how do I get a new tenancy contract? Rents have fallen, anyone managed a rent decrease?
> 
> Thanks in advance for your help.


This is a tricky one. Perhaps your landlord really wants to sell or perhaps he is using a trick to evict you at the end of the tenancy in case the rents go up and he wants to charge more for his property than what the RERA calculator allows. Some landlords have been known to use this trick.

Did he issue you an eviction notice through public notary? Or was it just told to you via e-mail or in the contract? The eviction notice has to be sent through the proper channel otherwise it's invalid. 

Personally, I would wait until you are past the two months (so perhaps a month and a half before the end of your contract) and suggest that you want to renew. Make sure you know what the going rate is on the RERA calculator for your property. Since the rates haven't really increased, there's a good chance he'll simply renew with you. But if he is really selling then I'm not sure if eviction still stands if he can't prove a pending sale - in this case you might want to talk to RERA and find out what your rights are.

Good luck. Come back and let us know how it went.


----------



## AS100

w_man said:


> This is a tricky one. Perhaps your landlord really wants to sell or perhaps he is using a trick to evict you at the end of the tenancy in case the rents go up and he wants to charge more for his property than what the RERA calculator allows. Some landlords have been known to use this trick.
> 
> Did he issue you an eviction notice through public notary? Or was it just told to you via e-mail or in the contract? The eviction notice has to be sent through the proper channel otherwise it's invalid.
> 
> Personally, I would wait until you are past the two months (so perhaps a month and a half before the end of your contract) and suggest that you want to renew. Make sure you know what the going rate is on the RERA calculator for your property. Since the rates haven't really increased, there's a good chance he'll simply renew with you. But if he is really selling then I'm not sure if eviction still stands if he can't prove a pending sale - in this case you might want to talk to RERA and find out what your rights are.
> 
> Good luck. Come back and let us know how it went.


Thanks for the advice. I'll let you know.


----------



## AS100

AS100 said:


> Thanks for the advice. I'll let you know.


The landlord has been advised by an agent that he can get more money doing short term renting. However the agent is taking a long time for the paperwork, so he is giving us the option to renew. 

Can he short term rent, given the eviction notice?

Unsurprisingly, he's not willing to budge on rental amount. If I insist on a lower amount (market amount) and he doesn't agree. What are his options? Can he then rent out to others or do a short term rent?


----------



## w_man

AS100 said:


> The landlord has been advised by an agent that he can get more money doing short term renting. However the agent is taking a long time for the paperwork, so he is giving us the option to renew.
> 
> Can he short term rent, given the eviction notice?
> 
> Unsurprisingly, he's not willing to budge on rental amount. If I insist on a lower amount (market amount) and he doesn't agree. What are his options? Can he then rent out to others or do a short term rent?


I think you should take your documentation and correspondence with the landlord and go to RERA. He's obviously no longer selling and wanting to do short term rentals in which case the eviction is invalid and the 'renewal' laws apply. He has to renew as per the RERA calculator - ALSO, if it's past the 3 month period and he did not give you a notice of rent increase then he may not even be able to increase the rent for the next year renewal.

Best to go speak with RERA before you accept any offer from them. Know the law and tell the landlord and his agent that you're ready to start a case if needed.


----------



## AS100

w_man said:


> I think you should take your documentation and correspondence with the landlord and go to RERA. He's obviously no longer selling and wanting to do short term rentals in which case the eviction is invalid and the 'renewal' laws apply. He has to renew as per the RERA calculator - ALSO, if it's past the 3 month period and he did not give you a notice of rent increase then he may not even be able to increase the rent for the next year renewal.
> 
> Best to go speak with RERA before you accept any offer from them. Know the law and tell the landlord and his agent that you're ready to start a case if needed.


Thanks for this. 

Just to clarify... He is keeping the rent the same for next yr (15/16) and to date our discussions have been verbal. 

The rera calculator is purely for increases. The website states that says the market rate is less than I'm paying so the landlord cannot increase the rent. Don't think it will ever say that the landlord must reduce the rent. 

What I want to understand is, if I insist on a lower rent and then he doesn't agree what are his options? Is he then able to short term rent or rent to someone else? 

Could you clarify what you mean when you say the following year (16/17), he can't increase?


----------



## w_man

AS100 said:


> Thanks for this.
> 
> Just to clarify... He is keeping the rent the same for next yr (15/16) and to date our discussions have been verbal.
> 
> The rera calculator is purely for increases. The website states that says the market rate is less than I'm paying so the landlord cannot increase the rent. Don't think it will ever say that the landlord must reduce the rent.
> 
> What I want to understand is, if I insist on a lower rent and then he doesn't agree what are his options? Is he then able to short term rent or rent to someone else?
> 
> Could you clarify what you mean when you say the following year (16/17), he can't increase?


OK - so that's a little different. As far as I know, the rent can not be reduced through RERA. That's between you two. You can certainly ASK him to reduce the rent but if he says NO, you can still renew as per the renewal law on the same rental rate as last year or you can move out and he can rent it to someone else.

Rental increase for all following years all depend on the RERA calculator, if next year or the year after, the rental calculator says he can increase, then *if he gives you 3 month notice* he can increase.


----------



## Krom

OK folks, ready for this one...

1. Land lady gave us our 12 months' eviction notice served through Aramex, as she required the property for her personal use. So far, so good.

2. We had agreed to move out along this condition, and had started looking for alternative properties.

3. We were rather surprised (or not), to find our very apartment listed this week with an agency for over 20,000 AED more than we currently pay.

4. We know this breaks article 25/26 of the RERA regulations.

5. I have tried to reason with the land lady that this is breaking the law, and that we would like to stay, but she just started shouting incoherently down the phone and demanding that we leave the property.

6. We have screenshot evidence of the property online, the agency it was with, the reference number, and a voice recording of the agent confirming it was our apartment over the phone. We also have a copy of the signed tenancy agreement, an attested Ejari certificate, and the original 12 months' eviction letter.

If we were to open a case with the rent committee, would we be able to win compensation from the land lady, considering she hasn't actually leased the apartment at this point, even though we have her intentions bang to rights? She tends to go missing for 50 weeks of the year, her phone only mysteriously switching on around renewal time, so we are concerned she will lease, do a bunk and we won't be able to get the compensation from her, were we to move out.

Muchas gracias.


----------



## 200256

tell her what evidence you gathered and that you will be opening a dispute with RERA, I'd say she'll back down and renew with you. My experience with landlords (and most agents) here is that they are lowest possible scum there is, but when fought back they back down


----------



## AS100

Quick question..how early can you renew ejari. 

Im just in the process of signing my renewal but my new contract won't start for another month.

Should I (can I?) renew ejari now or wait until the new term starts. If the later, when is the latest date of registration. 

Thanks.


----------



## llugaric

*Landlord won't fix leak*

Hello everybody - been reading this forum for months but first time posting.

Got me a situation - my landlord simply won't arrange to have a leak fixed in the guest bathroom. After repair company came and did some inspection, turns out tiles have to be removed from the wall, wall opened up, pipe changed, etc. I understand that landlord *must* give approval for this at least as it messes with the wall. Now, contract is clear about major maintenance over 500 AED (quite is about 1800) is responsibility of the landlord. I guess good thing in all of this is that I closed the main valve in the guest bathroom so nothing is getting wet at least, but I think I should be able to use the apartment fully, especially as I'm paying an above market price.

But the guy won't budge. He keeps avoiding even reading whatsapp messages (he did respond way back saying that quote is too much, he'll look for another company etc.).

I've already sent a note of vacating as this is the third problem I have in the apartment and every time he's been more and more slow to respond - by now he completely stopped. I am already prepared to file a dispute at rent committee for the security deposit if the leak is not fixed.

What are my options? Filing a dispute with rent committee for full amount of rent (out of 6 months in the place so far, I may have been able to use it comfortably for less than 2), as giving 3.5% is a bit steep for me right now, and there's also all sorts of additional admin charges (typing centre, etc). 

Should I just ride it out to the end of the contract (6 more months) and get the hell out? Also, is there an option to somehow let the next guy know what this LL is like?

Another thing - Emaar requires this moving out permit, which is kind of ridiculous to me, as it's up to the landlord to arrange all service charges are paid for. Any idea on whether i can have problems on that? 

Thanks for reading to this point.


----------



## Stevesolar

llugaric said:


> Hello everybody - been reading this forum for months but first time posting.
> 
> Got me a situation - my landlord simply won't arrange to have a leak fixed in the guest bathroom. After repair company came and did some inspection, turns out tiles have to be removed from the wall, wall opened up, pipe changed, etc. I understand that landlord *must* give approval for this at least as it messes with the wall. Now, contract is clear about major maintenance over 500 AED (quite is about 1800) is responsibility of the landlord. I guess good thing in all of this is that I closed the main valve in the guest bathroom so nothing is getting wet at least, but I think I should be able to use the apartment fully, especially as I'm paying an above market price.
> 
> But the guy won't budge. He keeps avoiding even reading whatsapp messages (he did respond way back saying that quote is too much, he'll look for another company etc.).
> 
> I've already sent a note of vacating as this is the third problem I have in the apartment and every time he's been more and more slow to respond - by now he completely stopped. I am already prepared to file a dispute at rent committee for the security deposit if the leak is not fixed.
> 
> What are my options? Filing a dispute with rent committee for full amount of rent (out of 6 months in the place so far, I may have been able to use it comfortably for less than 2), as giving 3.5% is a bit steep for me right now, and there's also all sorts of additional admin charges (typing centre, etc).
> 
> Should I just ride it out to the end of the contract (6 more months) and get the hell out? Also, is there an option to somehow let the next guy know what this LL is like?
> 
> Another thing - Emaar requires this moving out permit, which is kind of ridiculous to me, as it's up to the landlord to arrange all service charges are paid for. Any idea on whether i can have problems on that?
> 
> Thanks for reading to this point.


Hi,
Use another maintenance company and get them to send bill directly to the landlord.
Don't tell them your plans to do this - until they have finished the job.
Cheers
Steve


----------



## llugaric

Stevesolar said:


> Hi,
> Use another maintenance company and get them to send bill directly to the landlord.
> Don't tell them your plans to do this - until they have finished the job.
> Cheers
> Steve


Hahah, not a bad idea but do you know any companies which might actually do this? The last one comes to the place to inspect, then says they have to get some more material and ask to be paid for inspection time too (smart, eh?) 

Anyway, just from a moral standpoint I don't wanna pass the buck on a shi**y situation, just wanna know what my options are towards the person who should be taking care of the damn thing.


----------



## Stevesolar

llugaric said:


> Hahah, not a bad idea but do you know any companies which might actually do this? The last one comes to the place to inspect, then says they have to get some more material and ask to be paid for inspection time too (smart, eh?)
> 
> Anyway, just from a moral standpoint I don't wanna pass the buck on a shi**y situation, just wanna know what my options are towards the person who should be taking care of the damn thing.


Hi,
Forget your morals! Just get them to bill the landlord!
Cheers
Steve


----------



## jabbadod

llugaric said:


> Hello everybody - been reading this forum for months but first time posting.
> 
> Got me a situation - my landlord simply won't arrange to have a leak fixed in the guest bathroom. After repair company came and did some inspection, turns out tiles have to be removed from the wall, wall opened up, pipe changed, etc. I understand that landlord *must* give approval for this at least as it messes with the wall. Now, contract is clear about major maintenance over 500 AED (quite is about 1800) is responsibility of the landlord. I guess good thing in all of this is that I closed the main valve in the guest bathroom so nothing is getting wet at least, but I think I should be able to use the apartment fully, especially as I'm paying an above market price.
> 
> But the guy won't budge. He keeps avoiding even reading whatsapp messages (he did respond way back saying that quote is too much, he'll look for another company etc.).
> 
> I've already sent a note of vacating as this is the third problem I have in the apartment and every time he's been more and more slow to respond - by now he completely stopped. I am already prepared to file a dispute at rent committee for the security deposit if the leak is not fixed.
> 
> What are my options? Filing a dispute with rent committee for full amount of rent (out of 6 months in the place so far, I may have been able to use it comfortably for less than 2), as giving 3.5% is a bit steep for me right now, and there's also all sorts of additional admin charges (typing centre, etc).
> 
> Should I just ride it out to the end of the contract (6 more months) and get the hell out? Also, is there an option to somehow let the next guy know what this LL is like?
> 
> Another thing - Emaar requires this moving out permit, which is kind of ridiculous to me, as it's up to the landlord to arrange all service charges are paid for. Any idea on whether i can have problems on that?
> 
> Thanks for reading to this point.


If I were you I would:

1. Get three quotations, send them by email, fax and post to the landlord. In the cover letter reel off dates of each previous communication on the matter (so you have a written record) and seeking written confirmation of the following within 7 days:
(a) approval of one of the plumbers/contractors to do the repair; 
(b) approval to directly invoice him as the landlord in accordance with the contract; 
(c) alternatively, the landlord to provide details of which plumber/contractor the landlord will use and date of when his chosen plumber/contractor will do the work which must be within 7 days.

2. If landlord responds giving approval, great - provide the letter to the plumber/contractor and say that the invoice is to be addressed to the landlord as per the landlord's approval which you can show him. This isn't passing the buck, you are being up front and the contractor can make his own assessment of whether he takes the risk which he should given there is a written confirmation. 

3. If the landlord fails to respond, he is likely to be deemed in breach of the tenancy contract as he had obligation to fix repairs over AED500. You have given him ample opportunity to repair the damage. Therefore, send him notice of termination due to his breach and request refund of your rent at the end of the notice period (30 days would be reasonable). Also warn him that if you do not receive a refund, you will issue claim with the rent committee.

4. If he fails to refund your rent, go to the rent committee after 30 days to open up a case to get approval of the termination and to get back rent for future months plus security deposit. You can show rent committee the above letters (including invoices) you sent showing how reasonable you were. May need to get these officially translated to Arabic first though (or get a friend to write the letters above in dual language). You are unlikely to be able to get back rent already paid for the months you have lived there as the rent committee will say you should have brought the case sooner if you were unhappy (i.e. you failed to mitigate your loss). Hopefully it wont come to this and he will have eventually agreed to do the repair.

5. For the time being, I wouldn't cancel any post dated cheques until you get a favourable decision at the rent committee as this is likely to open up a can of worms criminal wise for you.

Hope that helps.

Jabbadod


----------



## twowheelsgood

You sound like you have my landlord - leak in the wall behind the shower which is causing a wooden floor to warp.

He's ignoring me at the moment but maybe he's just on holiday so he'll get a wek and then I will send him a reminder.

Keep us up to date !


----------



## llugaric

jabbadod said:


> If I were you I would:
> 
> 1. Get three quotations, send them by email, fax and post to the landlord. In the cover letter reel off dates of each previous communication on the matter (so you have a written record) and seeking written confirmation of the following within 7 days:
> (a) approval of one of the plumbers/contractors to do the repair;
> (b) approval to directly invoice him as the landlord in accordance with the contract;
> (c) alternatively, the landlord to provide details of which plumber/contractor the landlord will use and date of when his chosen plumber/contractor will do the work which must be within 7 days.
> 
> 2. If landlord responds giving approval, great - provide the letter to the plumber/contractor and say that the invoice is to be addressed to the landlord as per the landlord's approval which you can show him. This isn't passing the buck, you are being up front and the contractor can make his own assessment of whether he takes the risk which he should given there is a written confirmation.
> 
> 3. If the landlord fails to respond, he is likely to be deemed in breach of the tenancy contract as he had obligation to fix repairs over AED500. You have given him ample opportunity to repair the damage. Therefore, send him notice of termination due to his breach and request refund of your rent at the end of the notice period (30 days would be reasonable). Also warn him that if you do not receive a refund, you will issue claim with the rent committee.
> 
> 4. If he fails to refund your rent, go to the rent committee after 30 days to open up a case to get approval of the termination and to get back rent for future months plus security deposit. You can show rent committee the above letters (including invoices) you sent showing how reasonable you were. May need to get these officially translated to Arabic first though (or get a friend to write the letters above in dual language). You are unlikely to be able to get back rent already paid for the months you have lived there as the rent committee will say you should have brought the case sooner if you were unhappy (i.e. you failed to mitigate your loss). Hopefully it wont come to this and he will have eventually agreed to do the repair.
> 
> 5. For the time being, I wouldn't cancel any post dated cheques until you get a favourable decision at the rent committee as this is likely to open up a can of worms criminal wise for you.
> 
> Hope that helps.
> 
> Jabbadod


Jabbadod, you are a genius, thank you so much for taking the time!
I've actually copy-pasted your answer to the LL and his lawyer just to ask them whether they want me to go down this road. 

Shoot me a private message with your contact details if you wish, you got a beer & burger on me - I must admit I already gave up on getting any usable advice here. And here I am positively surprised.

Here's an excerpt from the e-mail just for everyone's fun: "..I have a lot of time to spare really, but would prefer to spend it in more fun ways. Although, potentially getting my whole rent back sounds like fun too, so at this point it’s your choice whether to fix the existing issues in the apartment or not."


----------



## llugaric

Hi all,

just one more question relating to my troubles as written earlier - if I file a dispute with the rent committee and the case is still pending after I move out of the apartment, does that mean that the apartment is "blocked" for renting for the landlord?

It is very bad karma to look forward to other people's misfortune, even if they deserve it, but I really can't help myself - I just don't want to see the next guy go through what I am going through at no lost income to the landlord.


----------



## AFCChris

Hi all

Done some text searches but got nothing just wondering if anyone had any trouble lately with an agency running off with the landlord's money after cashing the rental cheque? Not sure whether i should say the name of the agency here but can PM anyone who might have had similar issue to us

Regards
Chris


----------



## mariot

AFCChris said:


> Hi all
> 
> Done some text searches but got nothing just wondering if anyone had any trouble lately with an agency running off with the landlord's money after cashing the rental cheque? Not sure whether i should say the name of the agency here but can PM anyone who might have had similar issue to us
> 
> Regards
> Chris


Why do you think Dubai Land Department insists on rental cheques being made out to title deed owner or legally appointed POA?


----------



## AFCChris

I haven't even given details of the issue yet. I was just asking if anyone had the same thing happen. I wrote the cheque to the landlord's name and this was cross checked with his passport by our relocation agent and my estate agent. The agent cashed the cheque with his Emirates ID. The problem was that the cheque wasn't crossed. I wasn't told to do this and my agent said 90% of cheques aren't crossed and people are just honest. The guy shouldn't be able to cash it . I'm certainly going to be looking for that lost billion dirham cheque that is uncrossed now to go and pay it into the bank....he said ruefully...

According to RERA we are legally in the property and the landlord has to fight this out with his agent.


----------



## mariot

AFCChris said:


> I haven't even given details of the issue yet. I was just asking if anyone had the same thing happen. I wrote the cheque to the landlord's name and this was cross checked with his passport by our relocation agent and my estate agent. The agent cashed the cheque with his Emirates ID. The problem was that the cheque wasn't crossed. I wasn't told to do this and my agent said 90% of cheques aren't crossed and people are just honest. The guy shouldn't be able to cash it . I'm certainly going to be looking for that lost billion dirham cheque that is uncrossed now to go and pay it into the bank....he said ruefully...
> 
> According to RERA we are legally in the property and the landlord has to fight this out with his agent.


At least Ejari is done now any complaints go between owner and agent. If agent has done anything wrong it's a hefty fine for him and other legal snags


----------



## Many ya

Hi !
Has anyone won a case against landlord for unfair eviction ....evicting on the pretext of selling but instead re renting it to someone else. I would like to know what is the compensation one can expect in such a case from the landlord.
Regards


----------



## The Rascal

If they don't sell and rent out again, you can claim a full year's rent from them. Why don't you just file a case.


----------



## Many ya

Thanks for your reply.
I have heard about that but dont know if actually anyone has got a full year's rent as compensation. Do you know of anyone who has indeed got it.
Regards


----------



## Many ya

Hi!
Would appreciate if anyone can advise on my case.

My ladlord evicted me on the pretext of selling the apartment....after a few weeks of eviction he rerented the house

I filed a case in Rera ...on the first hearing the LL upon being asked by the judge if he knew the case...he replied "no"

The judge gave another date and asked him to check the details of the case and reply in few days...to which he said he wanted to file a counter case against me for damages to his house...which he did file and i was supposed to reply on that plus i need to give him building maintenance charges as per my contract ( i signed the second year contract At same price as previous year with no changes ....as he had not given me 90 days notice...though he wanted to increase rent by 15 percent but couldnt coz of that)

But he cleverly added a point of buiding service charges to be paid by me which was not in my previous year contract...n my fault that i missed reading it on signing.
Now both my case and his counter case have been clubbed together.

As for the damages he now claims after 2 months of eviction with already a new tenant in his house...can he make me liable to pay??....i have his final email that he would deduct certain amount from my security deposit which i didnt agree to as i had given the house clean ,maintained and painted.

What would be my chances of winning the compensation for unfair eviction and will i need to pay what he claims now after i filed the case?? ...throughout the year of my stay he never asked for the building maintenance not even after i vacated...only when i filed a case he realised.

Looking forward for a reply
Thanks and regards


----------



## Many ya

The Rascal said:


> If they don't sell and rent out again, you can claim a full year's rent from them. Why don't you just file a case.


Yes have filed a case


----------



## w_man

Many ya said:


> Hi!
> Would appreciate if anyone can advise on my case.
> 
> My ladlord evicted me on the pretext of selling the apartment....after a few weeks of eviction he rerented the house
> 
> I filed a case in Rera ...on the first hearing the LL upon being asked by the judge if he knew the case...he replied "no"
> 
> The judge gave another date and asked him to check the details of the case and reply in few days...to which he said he wanted to file a counter case against me for damages to his house...which he did file and i was supposed to reply on that plus i need to give him building maintenance charges as per my contract ( i signed the second year contract At same price as previous year with no changes ....as he had not given me 90 days notice...though he wanted to increase rent by 15 percent but couldnt coz of that)
> 
> But he cleverly added a point of buiding service charges to be paid by me which was not in my previous year contract...n my fault that i missed reading it on signing.
> Now both my case and his counter case have been clubbed together.
> 
> As for the damages he now claims after 2 months of eviction with already a new tenant in his house...can he make me liable to pay??....i have his final email that he would deduct certain amount from my security deposit which i didnt agree to as i had given the house clean ,maintained and painted.
> 
> What would be my chances of winning the compensation for unfair eviction and will i need to pay what he claims now after i filed the case?? ...throughout the year of my stay he never asked for the building maintenance not even after i vacated...only when i filed a case he realised.
> 
> Looking forward for a reply
> Thanks and regards


Well - I think the wrongful eviction should stand but of course will depend on the judge. The deduction for damages - did he mention in the e-mail how much he wanted to deduct? If so, the judge might give him that if there is no evidence to prove otherwise and specially if he's giving you the wrongful eviction - but that's just my opinion. 

The building service charges is bad - as you said, your fault for agreeing to it but you COULD perhaps argue that he updated the contract even though it was past the 90 day notice - see technically - any changes to the contract, including changes to the rent amount needs to be given to you 90 days in advance - after the 90 days, landlord can not raise rent or change the term of the contract. So in theory, he made the change without giving you a valid notice - BUT you signed it ... sooo?!? maybe try that angle?

Good luck and keep us posted.


----------



## Many ya

w_man said:


> Well - I think the wrongful eviction should stand but of course will depend on the judge. The deduction for damages - did he mention in the e-mail how much he wanted to deduct? If so, the judge might give him that if there is no evidence to prove otherwise and specially if he's giving you the wrongful eviction - but that's just my opinion.
> 
> The building service charges is bad - as you said, your fault for agreeing to it but you COULD perhaps argue that he updated the contract even though it was past the 90 day notice - see technically - any changes to the contract, including changes to the rent amount needs to be given to you 90 days in advance - after the 90 days, landlord can not raise rent or change the term of the contract. So in theory, he made the change without giving you a valid notice - BUT you signed it ... sooo?!? maybe try that angle?
> 
> Good luck and keep us posted.


Thanks for your reply...really appreciate.


----------



## scratchmoney

Whatever the local says , it happens and consider it written on stone ... This is Dubai Baby


----------



## The Rascal

scratchmoney said:


> Whatever the local says , it happens and consider it written on stone ... This is Dubai Baby


What a load of tosh, there are locals and locals, and an expat backed by a higher local will always trump the lower one.


----------



## Many ya

The Rascal said:


> What a load of tosh, there are locals and locals, and an expat backed by a higher local will always trump the lower one.


Does it Imply that people with backing, even on wrong side of law are able to circumvent the law ...in that case no outsider will win


----------



## The Rascal

Many ya said:


> Does it Imply that people with backing, even on wrong side of law are able to circumvent the law ...in that case no outsider will win


No, what it means is if it's not a cut and dried case (a high wasta/respected local would not be seen to be backing an obviously guilty party, it wouldn't happen), so if there is some doubt the judge is more likely to back the higher guy, not all the time, just more likely.

No-one is above the law in the UAE (unlike Qatar for example where diplomats get away with murder).


----------



## Many ya

Many ya said:


> Thanks for your reply...really appreciate.


Hi all!
So I win my case and landlord's counter case gets rejected.

But the compensation offered is just the amount i paid extra for new rented apartment plus court fee......not full year rent as mentioned by many.
The landlord can still appeal against the judgement.

So the landlord got away easily and stands to gain as the rent he got from new tenant is 30% more than what i was paying....and here subsequently i have to keep paying more rent in new apartment every year.


----------



## Many ya

w_man said:


> Well - I think the wrongful eviction should stand but of course will depend on the judge. The deduction for damages - did he mention in the e-mail how much he wanted to deduct? If so, the judge might give him that if there is no evidence to prove otherwise and specially if he's giving you the wrongful eviction - but that's just my opinion.
> 
> The building service charges is bad - as you said, your fault for agreeing to it but you COULD perhaps argue that he updated the contract even though it was past the 90 day notice - see technically - any changes to the contract, including changes to the rent amount needs to be given to you 90 days in advance - after the 90 days, landlord can not raise rent or change the term of the contract. So in theory, he made the change without giving you a valid notice - BUT you signed it ... sooo?!? maybe try that angle?
> 
> Good luck and keep us posted.[
> 
> Hi!
> So I win my case and landlord's counter case gets rejected.
> 
> But the compensation offered is just the amount i paid extra for new rented apartment plus court fee......not full year rent as mentioned by many.
> The landlord can still appeal against the judgement.
> 
> So the landlord got away easily and stands to gain as the rent he got from new tenant is 30% more than what i was paying....and here subsequently i have to keep paying more rent in new apartment every year.


----------



## QOFE

Many ya said:


> Hi all!
> So I win my case and landlord's counter case gets rejected.
> 
> But the compensation offered is just the amount i paid extra for new rented apartment plus court fee......not full year rent as mentioned by many.
> The landlord can still appeal against the judgement.
> 
> So the landlord got away easily and stands to gain as the rent he got from new tenant is 30% more than what i was paying....and here subsequently i have to keep paying more rent in new apartment every year.


Thanks for the update. What about moving costs? Did you ask to get compensated?
I'm wondering if the committee does not award one year's rent as compensation for the illegal eviction any more?


----------



## Many ya

QOFE said:


> Thanks for the update. What about moving costs? Did you ask to get compensated?
> I'm wondering if the committee does not award one year's rent as compensation for the illegal eviction any more?


Its a big task to seek compensation even after winning the case. After the judgement i was told to file application for execution of compensation after 15 days. Now when i did that the landlord who lost the case and whose counter case was rejected files an appeal against the judgement ...so another round of hearing after 15 days. Its already been 3 n 1/2 months since i filed the case. So don't know what will the outcome and what i will get as compensation or not.


----------



## Many ya

Hi All !
I would like to know if anyone knows of someone getting one year rent as compensation for wronful eviction. And how much time it takes for getting compensation.
Thanks


----------



## yoplu

Many ya said:


> Its a big task to seek compensation even after winning the case. After the judgement i was told to file application for execution of compensation after 15 days. Now when i did that the landlord who lost the case and whose counter case was rejected files an appeal against the judgement ...so another round of hearing after 15 days. Its already been 3 n 1/2 months since i filed the case. So don't know what will the outcome and what i will get as compensation or not.


If the Iltimas appeal judgement is rejected, your original appeal judgement will stand, but youll need to return to execution department once again.

This government department is a total disaster and is failing Dubai's residents quite miserably I'm sorry to say. 
There are a number of wrongful evictions, many of which are because the RDC didn't check the facts before evicting tenants. Then the sheer fact that their appeal process is so drawn out, means that the existing eviction case becomes more complicated eg tenant has to then find and pay for a new place to live, for new furniture, for financial claims etc....this takes more time and more queuing up for days and days "take a token, take a seat. come back tomorrow before 11am, come back tomorrow he's not working today. come later he's in a meeting. I am not the person, you need to speak to XXXXX but he's not here"

Staff are pigeon-holed in there own areas and the majority take no decision and have no sympathy or escalation. Cases run on and on for months and months which is clear in the desperation of the people sitting down who have no choice but to pounce on any available member of staff before all the other poor customers have the opportunity. The opportunities are rare because the staff know too well that as soon as they do emerge from behind their protected No Access area, the will be inundated by suffering people who are sick and tired of going round and round. 

The best thing to do is try to arrive early (no-one does much after of any importance after 12pm), if you speak with someone make a note of who they are, what they said and when they said it. Double check any important recommendation with either the judges or the senior managers. The judges are the most useful people there mainly because they are the only ones whose advice you can be sure is correct and in the interests of justice and not in the interests of laziness.


----------



## w_man

Hello All,

So, we have come to a disagreement with our landlord. I have been expecting this as he wanted us to move out of this property for the last 3 years but each time would either forget to send us an eviction notice or not give us enough notice for rent increase. 

Regardless of this, I have paid and maintained my own maintenance contract so for small AC/electrical or plumbing issues, I don't have to wait for the landlord to agree to fix it or chase him to pay for someone to come and look at it. It's worth the cost to avoid a headache. 

Just last night, we had a leak in the ceiling and it it's been confirmed to be the water heater sitting in the ceiling. I received an estimate which I sent to the landlord. This is the first repair I have sent to the landlord in the past 5+ years. He came back and said that he considers this repair to be my problem as it's a 'wear & tear' issue.

I am absolutely not going to pay for his water heater to be replaced. In our contract it clearly states 'Major maintenance in terms of AC unit, main plumbing system is the responsibility of the landlord' but somehow replacing the water heater is 'wear & tear'. With that logic, AC unit would also be 'wear & tear'.

Anyways, I guess my question is if anyone has ever faced similar issues and exactly what is the correct way forward. Do we contact the rent committee? I am assuming they are the governing authority for all tenancy contract related issue? I have given him until Sunday to reconsider and then I want to start a case (if starting a case is the correct process). I will go talk to the rent committee guys (assuming it's the same location as where RERA was/is - across from the Sheraton Creek hotel?!?). But if someone has any experience to share or suggestions, I would appreciate it.

Thanks - let's see how this turns out.


----------



## Reddiva

w_man said:


> Hello All,
> 
> So, we have come to a disagreement with our landlord. I have been expecting this as he wanted us to move out of this property for the last 3 years but each time would either forget to send us an eviction notice or not give us enough notice for rent increase.
> 
> Regardless of this, I have paid and maintained my own maintenance contract so for small AC/electrical or plumbing issues, I don't have to wait for the landlord to agree to fix it or chase him to pay for someone to come and look at it. It's worth the cost to avoid a headache.
> 
> Just last night, we had a leak in the ceiling and it it's been confirmed to be the water heater sitting in the ceiling. I received an estimate which I sent to the landlord. This is the first repair I have sent to the landlord in the past 5+ years. He came back and said that he considers this repair to be my problem as it's a 'wear & tear' issue.
> 
> I am absolutely not going to pay for his water heater to be replaced. In our contract it clearly states 'Major maintenance in terms of AC unit, main plumbing system is the responsibility of the landlord' but somehow replacing the water heater is 'wear & tear'. With that logic, AC unit would also be 'wear & tear'.
> 
> Anyways, I guess my question is if anyone has ever faced similar issues and exactly what is the correct way forward. Do we contact the rent committee? I am assuming they are the governing authority for all tenancy contract related issue? I have given him until Sunday to reconsider and then I want to start a case (if starting a case is the correct process). I will go talk to the rent committee guys (assuming it's the same location as where RERA was/is - across from the Sheraton Creek hotel?!?). But if someone has any experience to share or suggestions, I would appreciate it.
> 
> Thanks - let's see how this turns out.


What does it say in your contract? Mine states any repairs over AED500 are covered by the LL. If it doesn't then yes you will have to open a case which will cost you 3% of your annual rent. I would keep the messages he has sent saying no and also take receipts of any other work you have had done
I would explain to him that you are opening a case against him as he is liable to pay this cost. 
The rent committee is near Union Street Metro station I think

https://ezestate.com/rera-file-case-rental-committee.html


----------



## w_man

Reddiva said:


> What does it say in your contract? Mine states any repairs over AED500 are covered by the LL. If it doesn't then yes you will have to open a case which will cost you 3% of your annual rent. I would keep the messages he has sent saying no and also take receipts of any other work you have had done
> I would explain to him that you are opening a case against him as he is liable to pay this cost.
> The rent committee is near Union Street Metro station I think
> 
> https://ezestate.com/rera-file-case-rental-committee.html


Thanks for your reply.

So I was about to head over to RERA and informed the landlord that I would be filling a case if this is not resolved. He has since agreed to pay for the repairs. 

I'll keep my fingers crossed until I get the payment before getting the repairs done. Hopefully we won't have to go through the rent committee.

Thanks for your feedback. I'll update if things change.


----------



## wfcp

I am single with over 10 years of experience and moving to Dubai. My housing allowance seems very good and it could easily rent a 3 bedroom apartment or a villa. However, as single, I could comfortably live in a 1 bedroom or 2 bedroom apartment as well. The culprit is, they *won't* give me the rest of the housing allowance if I rent a smaller apartment (they keep the rest). So therein is the dilemma. 

What would you say I do? Live in a 3 bedroom or a villa even I don't really need it? Or rent the smaller apartment like 2 bed-room a give up the rest of the housing allowance?

Also importantly, what would be my additional cost for a 3 bedroom vs. 2 bedroom or 1 bedroom when it comes to housing fees, electricity, other fees I can't think of (insurance)? 

What would you do?


----------



## Byja

Ethical answer: get whatever you like, as you can afford whatever you want.

Semi-ethical answer: get whatever you like, add clause that all expenses (DEWA, housing, internet) are on landlord, with your rent being equally higher than it normally would.

Unethical answer: Find a place that you like, negotiate with your landlord, put higher rental value than asked and pocket the difference.

Illegal answer: Find a bigger apartment/villa, sublet it and keep the money. Don't know if it's illegal if your landlord agrees that you can sublet a room or a whole apartment.

No point getting a bigger apartment just because you can, as your expenses (DEWA, housing) will be equally higher, and you cover it out of your own pocket. Unless you go for the semi-ethical option.


----------



## wfcp

How does DEWA, Housing fee, other fees rise relative to the size of the apartment? How much additional fees should I budget for 1-bedroom, or 2-beroom, or 3-bedroom apartment? Even if I would try to negotiate towards having those fees included in my housing allowance or yearly rent, how much roughly should that be?


----------



## w_man

wfcp said:


> How does DEWA, Housing fee, other fees rise relative to the size of the apartment? How much additional fees should I budget for 1-bedroom, or 2-beroom, or 3-bedroom apartment? Even if I would try to negotiate towards having those fees included in my housing allowance or yearly rent, how much roughly should that be?


Housing fees is 5% of the rent (divided by 12) - so you can calculate that based on what you're spending.

DEWA - for me - in a 2 bedroom apartment in marina (no chiller) has been roughly 500aed on average per month. That's with AC on all year long. Of course, in a villa, Dewa would be higher - my friends complain the most about watering the garden.


----------



## wfcp

w_man said:


> Housing fees is 5% of the rent (divided by 12) - so you can calculate that based on what you're spending.
> 
> DEWA - for me - in a 2 bedroom apartment in marina (no chiller) has been roughly 500aed on average per month. That's with AC on all year long. Of course, in a villa, Dewa would be higher - my friends complain the most about watering the garden.


Thanks, just now I figured out that the Housing Fee is some sort of a government tax that is paid as an additional part of the DEWA bills. Is there any other fee to the property itself? Like, I could imagine a "maintenance fee" to keep the building running (e.g. elevators, corridors cleaning, security of the building) or is this type of a fee always paid by the landlord, so it never is levied on me?

So based on a quick calculation, the DEWA seems max around 5% of the rent (i.e. 500 / 120,000 x 12) and the housing fee is 5% ---> so that is max. 10% of the annual rent value goes on DEWA and Housing fee per year, that is doable. 

What are the other property-related costs? Only internet and TV? How much would that be?


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## LesFroggitts

wfcp said:


> Thanks, just now I figured out that the Housing Fee is some sort of a government tax that is paid as an additional part of the DEWA bills. Is there any other fee to the property itself? Like, I could imagine a "maintenance fee" to keep the building running (e.g. elevators, corridors cleaning, security of the building) or is this type of a fee always paid by the landlord, so it never is levied on me?
> 
> So based on a quick calculation, the DEWA seems max around 5% of the rent (i.e. 500 / 120,000 x 12) and the housing fee is 5% ---> so that is max. 10% of the annual rent value goes on DEWA and Housing fee per year, that is doable.
> 
> What are the other property-related costs? Only internet and TV? How much would that be?


There is NO MAXIMUM for the DEWA account, it's based upon your consumption of electricity and water (i.e. utilities), plus the fuel surcharge and the sewerage charge. Oh and dont forget the rental of your meter 

The 500 AED you were quoted by the previous user was THEIR consumption, as they say "your mileage may differ".


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## w_man

LesFroggitts said:


> There is NO MAXIMUM for the DEWA account, it's based upon your consumption of electricity and water (i.e. utilities), plus the fuel surcharge and the sewerage charge. Oh and dont forget the rental of your meter
> 
> The 500 AED you were quoted by the previous user was THEIR consumption, as they say "your mileage may differ".


Correct!

So you can use 500aed for a 2 bedroom apartment as a guideline but it could be more or less depending on your consumption (not a % of rent at all). The Housing Fees is certainly 5% of the rent. Other than that, depending on where you rent, you may also be paying a 'chiller' charge. I have no idea how this works as this isn't the case in Marina buildings. I simply tend to stay away from areas where 'chiller' is not included.

Usually there is no other fees - landlord should be paying any general maintenance fees for the common area of the building. TV/Internet is on you. This of course depends on the package you get. Best to check on DU or Etisalat's website to get an idea of what you'll be paying based on their packages.


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## svgeorge

wfcp said:


> What are the other property-related costs?


Apart from what the others have listed down, don't forget the 5% agency costs and another 5% towards security deposit.. it all adds up..


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## sghkdub

Hi

My first year's tenancy is coming up for renewal in 3.5 months.

Anybody have an idea of the best I can reasonably expect in terms of negotiating a break clause (eg in the event of unemployment) and protecting myself against losing a year's rent?

Thanks


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## Nariele

Dear All, 

I need your brains and experience.

I've rented a 1 bed in JLT for AED 75k (1 bed in that building goes from 74-80k) on 1.11.16.

I've informed, via WhatsApp, my landlord I would like to extend my contract for the following year to which he responded new rent would be AED 78k. Few questions:

1. Since it is past 3 months notice and I never received an official memo, is he allowed to increase the rent?
2. The contract is non-renewable, and I know that is not legal in Dubai - does this make contract void and is he still allowed to increase the rent since it is supposedly not recognized by RERA?
3. Is it worth ruining the relationship with the landlord and going through RERA debate to save AED 3k?

I'm not sure what to do, 3k would look nicer in my savings account but I don't know how much strength I have here for an actual fight (legally) and if it is worth it.

Please advise if you have been in a similar situation and what would be the best move.

Thank youuuu!


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## rsinner

Nariele said:


> Dear All,
> 
> I need your brains and experience.
> 
> I've rented a 1 bed in JLT for AED 75k (1 bed in that building goes from 74-80k) on 1.11.16.
> 
> I've informed, via WhatsApp, my landlord I would like to extend my contract for the following year to which he responded new rent would be AED 78k. Few questions:
> 
> 1. Since it is past 3 months notice and I never received an official memo, is he allowed to increase the rent?
> 2. The contract is non-renewable, and I know that is not legal in Dubai - does this make contract void and is he still allowed to increase the rent since it is supposedly not recognized by RERA?
> 3. Is it worth ruining the relationship with the landlord and going through RERA debate to save AED 3k?
> 
> I'm not sure what to do, 3k would look nicer in my savings account but I don't know how much strength I have here for an actual fight (legally) and if it is worth it.
> 
> Please advise if you have been in a similar situation and what would be the best move.
> 
> Thank youuuu!


You have a written record (Whatsapp). That should be enough. Did you accept the 78K?
A case in RERA (actually the RDC) definitely won't be worth the time for 3K. But up to you.


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## QOFE

Nariele said:


> I've rented a 1 bed in JLT for AED 75k (1 bed in that building goes from 74-80k) on 1.11.16.
> 
> I've informed, via WhatsApp, my landlord I would like to extend my contract for the following year to which he responded new rent would be AED 78k. Few questions:
> 
> 1. Since it is past 3 months notice and I never received an official memo, is he allowed to increase the rent?
> 2. The contract is non-renewable, and I know that is not legal in Dubai - does this make contract void and is he still allowed to increase the rent since it is supposedly not recognized by RERA?
> 3. Is it worth ruining the relationship with the landlord and going through RERA debate to save AED 3k?
> 
> I'm not sure what to do, 3k would look nicer in my savings account but I don't know how much strength I have here for an actual fight (legally) and if it is worth it.
> 
> Please advise if you have been in a similar situation and what would be the best move.
> 
> Thank youuuu!


Even if he had commuted to you within the deadline, he's still not allowed to increase the rent as per the RERA rent increase calculator.
Dubai Land Department
Just tell him that. The agreement should automatically renew with the same terms since the deadline was missed by both of you (you didn't communicate about not renewing and he did not communicate about change in rent).
Here's a link to the rental laws. 
Don't even mention to refer to RERA dispute at this stage. He's trying it on with you and you have the law on your side.
http://www.dubailand.gov.ae/Style Library/download/EN-Legislation.pdf


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## rsinner

QOFE said:


> Even if he had commuted to you within the deadline, he's still not allowed to increase the rent as per the RERA rent increase calculator.


Agreed - however not clear from the post whether they agreed on the higher rent, within the notice period. It seemed to me that the poster had a change of heart after agreeing to the rent.

If no agreement was reached, then, he should stick to 75K and show the rental calculator.


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## Nariele

Thank you all!

No, it was never agreed (in WhatsApp or in any other form) on the increase, it was clearly communicated that we are happy to stay with rent as it is.

Lets see how it plays out, I feel a tad more confident after people confirming what I have googled (google means little to people with no experience, still feels like I'm on the losing side).

My main worry is the non-renewable clause and the fact I have not registered at Ejari (landlord said he will sort it and I have been foolish and new enough not to double check this entire time).

I have not played this contract wisely, very much aware of it and now have to wait it out and see what happens.

Thank you all once again!


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## shaunfella

Landlord has given me 2 weeks notice to vacate. 

He served the eviction notice by email when I renewed last years, which was fine. He had done this every year to cover himself.

This year he chose to act on it as he wished to sell up. We subsequently agreed (via email) a 6 month extension as he didn't want the apartment empty whilst under sale, and I didn't necessarily want to move.

I sent him the renewal contract earlier this week but today he has emailed to say he won't be signing it and I now must vacate as per terms of the contract/ eviction notice.

I appreciate he served the eviction notice 1 year ago but surely I have some leg to stand on? Or do I need to scramble around for the next 2 weeks to find somewhere for me and the family?

Sent from my SM-G950F using Tapatalk


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## SwitchHit

Dear all
I am hoping to get some advice/help from you guys. 
I will be starting a new job in Dubai from May 2020 and have started looking at rental properties. Looking at the rental price index, it says there is 30-40000 aed difference between the asking price and agreed price for a 3-4 bed villa.
What is your experience? Is this true is all areas? Appreciate any advice about negotiating rental prices in Dubai. 
I could not find any rental estate agent recommendations anywhere? If any of you had particularly good experience from any agents or if anyone was very helpful, please let me know. 
Any help would be great. This is going to be my first time in Dubai.
Thanks in advance
Harry


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## hannahzoom

Hi Dear 

I read your post and it's very informative, please keep replying so we can get help from your knowledge.


TallyHo said:


> I don't think you'll need to formally open a case.
> 
> The landlady can't evict you in three months notice. You get a full 12 months after the conclusion of the current contract. Then she's not allowed to rent out the property for a subsequent two years.
> 
> Take all the documents you have plus the landlady's phone number. Odds are the people you speak to at RERA will simply call the landlady and tell her she's in the wrong.
> 
> As it is if the landlady isn't returning your calls your contract will automatically roll over and be renewed on the same terms. That's how the RERA people will put it.
> 
> Still, go down in person. But speak to RERA first before formally opening a case with the Rent Committee.


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## greencover

It's very informative thread and it's encouraging to see that tenants are quite protected. I am hoping to get some advise on my situation. 

My lease got over in July end and I am on month on month since last 2 months. I have prior email agreement with landlord to pay same rent for month on month for 2 months (Till sept end). However when I asked for Sept extension the landlord insisted on a 30% surcharge. I have shared all email agreements but landlord refuses to understand and are insisting on the 30% surcharge. 

The surcharge amount comes to 3000 AED. Seeing that their renewal quote for the same amount as the last year in spite of rentals falling by 13% , I decided to move out and have found a better and cheaper property. I want to save the 3000 AED surcharge. I was impacted due to covid and am living off my savings until I find re-employment, so every penny counts. 

How do you advise I take it up with the land lord ? They are not listening to any reason and send robotic replies to my email saying - we regret to inform you we cannot waive the surcharge........

greencover.


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