mikewot

I am sure some of you brains out there will know the answer to this

There is an inceasing trend where I live for LL to attempt to get tenants to sign non-renewable contracts. I advise them not to sign, they don't have to accept this change, but some do.
I've heard that RERA advise people that a non-renewable contract is not recognised by them (if you've registered with Ejari) and you can roll over for another year as is normal. The problem is that I've never seen a legal opinion, or a law to this effect. Can anyone point out such a law?

Bongoman2

I did sign a non-renewable on my last place, but it was more as a compromise to the LL who was going through divorce and was looking to sell the place. I said to give me 12 months notice to vacate and she asked me to sign a non-renewable which would have the same effect, although would allow us to stay in the house if she couldn't sell the place and then wanted us to stay in there.

I did have legal advice that the non-renewable clause was not enforceable and that the base rera conditions would always be referred to i.e. rollover on same conditions without 3 months notice to change after 2 years of tenancy.

mikewot

Thanks Bongoman, the law is that you have to be given 12 months notice by notary public or registered mail and there are only 4 allowable reasons that you can be given notice to vacate.

Blazeaway

I'm in that position and with missing Estate Agent and absentee landlord not sure whether to renew or move!

Have to say that seen property that I like better than current so may be move!

LaLaLayla

And the 12 months notice must be on renewal of Contract. Not on the first day of your tenancy.

mikewot

Recent sharpening on the rules over non-renewables. They are only legal when used for short term holiday lets. The agent must have applied for the short term let licence to do these lets and only 2 agencies in Dubai currently have them Better Homes & Hamptons. Be warned that you can pay up to 20% agents fee instead of the standard 5%.

Ditzy

I had heard that LL were giving a non renewable TC and then giving 12 months notice the next day - so a loophole but a legal one?

Brains1983

I thought the 12 months notice was from expiry of current contract, so in your example, essentially 24 months notice?

mikewot

It's a grey area. Although how I read the wording it seems straight forwards, 12 months from expiry of contract. But many of the 'legal experts' say 12 months from receipt of the eviction notice.
Article 24:
2. Landlord may demand eviction of tenant upon expiry of tenancy contract limited to the following cases:

"Upon expiry" is the bit I interpret as they have to wait until the contract expires, not just part way through.

mikewot

On the non-renewable side:
http://www.thenational.ae/business/i...contract-legal

the_red_sheep

Can we agree that pretty much ever LL in this country in a devious, back-stabbing, money grabbing prick and they will try to ignore, bend and break every law to earn a few extra dirhams.

mikewot

Your cynicism is shocking! LL are simply trying to recoup the money they've spent out on buying a property and are very generously allowing you peasants who cannot afford to buy to live in it. Taking care of your every need on maintenance and faults with the speed of a thousand gazelles startled by a lion.
You should be grateful to your LL and offer up prayers every day for their health and wellbeing and those of their families. You also neglected to mention agents, who work extraordinarily hard to earn their paltry 5% commision.

the_red_sheep

Don’t get me started on that shower of shite! I had one round with a prospective new tenant, he new **** all about the apartment or building. Literally he didn’t know what the rent was going to be, how many cheques, if the a/c was central, where the facilities were, if it was furnished/unfurnished, he even asked me for the LL’s mobile number… I did his sales pitch for him. The lad he showed round (who was new to Dubai, and the sort of young Yank who views apartments on a Saturday afternoon in slacks, a shirt and a blazer – I gave him a few pointers!) took the apartment, I feel I’m owed most of the AED5.5k commission.

Bahtatboy

Provided that "pretty much" acknowledges exceptions. My previous LL cooperated with the break clause and accepted some of the hassle in making it work. Some prior LLs were also flexible in various ways.

Meow

Yes, taking into consideration the large number of emails I receive about their efforts to kick out tenants every week nowadays.