by admin
The Tenant Had Previously Entered Into A Rental Agreement That Explicitly Stated The Lease Was Not Renewable.
1. Question:
I have been residing in a Dubai apartment for three years, and my current lease is set to expire in August. Last year, during the renewal process, my landlord included a clause in the “additional terms” section stating that the tenancy is limited to one year and is non-renewable. However, I have not received an eviction notice through registered mail or notary. I wish to extend my tenancy and continue living in the same property for another year. According to the Real Estate Regulatory Agency, the landlord cannot lease the property to an unrelated tenant. What options do I have for renewal considering the signed contract?
Answer: Although you have signed the contract, the non-renewal clause is not legally valid, as landlords are obligated to allow tenants to renew their leases if desired. Since you disagree with this clause, a dispute has arisen. If you choose to file a case with the Rent Dispute Settlement Committee, the default position under the law would likely favor your request for lease renewal.
According to the law, landlords can only seek eviction for four specific reasons: selling the property, personal use or occupation by the landlord or their next of kin (with a restriction on re-leasing for a specific period), undertaking major renovations that render the property uninhabitable during the work, or demolishing the property.
2. Question:
I have been a tenant in a Dubai villa for five years, and it is time to renew the contract. However, the landlord sent an incorrect contract with the wrong figures, and despite reminders, he has been unresponsive for three weeks. I am now receiving reminders from the Dubai Land Department and the community office to upload the new contract. What can I do if the landlord remains silent? Can the property developer evict me without a new contract?
Answer: In this situation, I recommend utilizing Rera’s rental cheque deposit scheme. Submit your rent cheques to the Dubai Land Department, and they will provide you with a receipt. They will also contact the landlord to inform them about the cheques. Regarding the rent amount, adhere to the figure that was mutually agreed upon, not the old rent or the incorrect amount in the contract. Ensure you have evidence of the agreed terms.
When dealing with the property developer, present the incorrect rental contract (to demonstrate your intent to renew) and the receipts from RERA as proof of rent payment. Explain that the paperwork is being updated and will be resolved soon. This should suffice for the developer to allow you to continue residing there until the correct paperwork is finalized.
