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The Tenant Is Now Questioning Whether The Confirmation Notice Needs To Be Prepared Through A Notary Public, As They Have Changed Their Decision.
1. Question:
I initially informed my landlord, via email, that I intended to move out of the property as a tenant. However, I later changed my mind. The landlord is now insisting that the email is binding, and I sought legal advice, which confirmed its enforceability.
In past, you mentioned that a tenant can only be compelled to adhere to an agreed move-out date if the confirmation notice is prepared through a notary public. Given this, can the landlord legally hold me accountable solely based on my email? AS, Dubai.
Response:
Your situation perfectly illustrates the importance of using a notary public when requesting a tenant to leave a rented property. If a tenant changes their mind due to personal circumstances or other reasons, the notarized request becomes the only legally compelling evidence.
While many may believe that an email confirmation of vacating is sufficient and legally enforceable as it is in writing, I still maintain that only notarized notifications have ironclad validity.
If you strongly wish to contest the situation, you have the option to file a case at the Rental Dispute Settlement Committee, explaining the reasons for withdrawing your agreement to vacate. The decision will then be left to a judge on the committee to determine the rightful course of action.
Based on my understanding, notarized notifications have historically held greater weight, as other forms of written communication may be open to interpretation.
2. Question:
I currently have a property that I am renting out at a rate significantly below the market rate. According to the Real Estate Regulatory Agency’s rental index, no rent increase is allowed. However, I am considering obtaining a rental valuation certificate from the Dubai Land Department to potentially raise the rent for the upcoming year.
My question is, can the rent be increased to the figure stated on the valuation certificate, or do the rental index rules still apply? For instance, if the current rent is 10 percent below the market value, the rental index prohibits any increase. Moreover, if it is 11% to 20% below the market rate, the maximum permissible increase is 5% only. KM, Dubai.
Response:
You have the option to request a DLD rental valuation certificate. However, it is essential to ensure that you have provided your tenant with a 90-day notice of any potential changes to the rental contract, including rent, at the time of renewal.
If you have missed this communication window, technically you cannot increase the rent or make any other alterations to the contract during the renewal process. In this case, the information provided by the DLD certificate regarding the correct rent to date becomes irrelevant.
On the other hand, if you are still within the communication period with your tenant, the rental index rules would still be applicable. You will need to calculate which rental band the current rent amount falls under to determine the specific rent increase percentage that can be claimed.
