norsk

It seems that in some areas (particularly those that are more affordable due to still being building sites or without proper access roads) the landlords are almost by norm stipulating that the property is only available for 12 months.

Since limiting a lease to 12 months in the contract itself is not binding (has this been confirmed by the way?), I assume they will just send an termination notice immediately after signing (saying that they want to sell I guess).

My question is how can you get out of this considering it is pretty obvious they are trying to bend the rules to their benefit as they expect the market rent to increase more than they will be allowed to increase rent on a sitting tenant by RERA. I have heard rumours of a fine (payable to wronged tenant) being applicable, but I assume this would only be done after you have moved out and spent 3 months in court...

Thoughts?

mikewot

There are only 4 reasons they can evict (unless you're a bad tenant) and 2 of those are concerned with renovation/extensions for which they must have licenses from the municipality. Another is if they're selling and no 'proof' is required. Lastly if the LL or his family of first degree are moving in, for this they must prove that they have nowhere else to live. It's this last one where you can receive compensation if they don't move in and rent it out again. Taking your case to the rental committee is comparatively simple and they do generally follow the rule of law.
In all cases the eviction notice must be correctly served, by notary public or registered mail.

norsk

Okay. That's more or less what I thought. So in essence this means that there exists a remarkably simple loophole in the law to let landlords evict tenants every year allowing them to always get market rent (if they are willing to take the risk of the property being empty for a month or so every year).

On top of that the agents get their 5% every year instead of every 3 years or whatever the average rental period is and the tenant pays the price..

Meow

The Appeal Department of the Rental Dispute Settlement Centre (RDC) has said that their view non-renewal agreement to be in breach of the rules, as such a clause does not comply with the four legal reasons to evict a tenant.

norsk

The issue for tenants is that there is actually no need for a clause in the contract regardless.

All the landlord needs to do is send you a letter by registered post a couple of days after you signed the lease giving you notice of their intention to sell and that you are out in 12 months...

I would love for someone to tell me I am wrong...

Meow

Yes, provided that is their actual intention. If they don't then sell there is some recourse for the tenant.

Who'd be a LL here?

norsk

According to one of Mike's earlier posts the recourse is reserved for the cases where the LL claimed he or his family of first degree was moving into the property. If this is the case I can see this being taken advantage of in a big way...

I sure as hell wouldn't want to be a LL here. The market is way too volatile...

scrubbedexpat141

This is sort of what our renewal hinges on. So I'm glad all sources are saying the same thing (RERA did this morning).

Now the difficult bit, we've told the Landlord and are waiting for the inevitably negative reply.

Hopefully he'll ring RERA himself and see we are right. That would save some effort.

If he argues I'm tempted to write an email along the lines of:

I'll give you a rise of 2,000 to 97,000 to NOT make us have to waste time and effort to prove you wrong. This is a one time offer.

Don't take it - We go through rent committee and you end up with a cheque for 95k.
Take it - you get a cheque for 97k. We all save time and hassle.

mikewot

Nice new intiative by Dubizzle, lets see what it's like when it's up and running, might mean I can get rid of the Renting in Dubai FAQ booklet

https://www.zawya.com/story/dubizzle...0140623111301/

‘Rent rules do work’ - expert says no Abu Dhabi-style surge for Dubai

Niko9999

What ever you do don't rent in old town! The water supply gets disconnected every two or three days! I spoke to the maintenance manager today and he can not give a date when the problem will be fixed! Also constant false fire alarms during the day or night! Avoid at all costs! Third world country at London prices! We have had the same problems for the last two years!!!!!

mikewot

Nice guide here:
Renting in Dubai: what you need to know | GulfNews.com

Eeyore

What actually is that recourse, out of interest? A friend has just been served with her year's notice to quit, days after signing her contract renewal in JBR, and the LL's stated reason is selling.

My friend says she's actually not all that bothered since she's tired of the hassles of living in JBR, but if there's anything she can do to stuff one up the LL, she's not averse

mikewot

Rent dispute in Dubai: How to file a case | GulfNews.com

Eeyore

So she'd have to monitor the situation after she moved out? Nah, she won't be bothered to do that. We just wondered if she'd be able to inform RERA or the RC *now* that she's being evicted on the grounds of selling, so that they'd be able to do the Ejari-blocking thing or whatever it is they do.

mikewot

My understanding is that there is only recourse to claiming compensation (6 months - 1 years rent) and blocking letting the place for 2 years is if the LL or relative of first degree is moving in. Not for 'selling' but not doing so. Although the RDSC are supposed to be providing clarification.