scrubbedexpat141

Hi all,

I've read the sticky (thanks Mikewot) but seem to be unclear on one area:

Renewal date is 10th July.
Landlord was contacted today to ask about signing new contract.
Landlord replied saying yes, but rent is 105, an increase from 95.
He says, according to the contract it is non-renewable for 12 months. There are a few clauses...eg; strictly one year, non renewable. Renewal subject to landlord and increase to market rate.

Where do we stand on this?

Thanks in advance

mikewot

Non-renewable is not allowed and RERA will tell him to poke it. He must, by law, give 12 months notice of eviction for 1 of the 4 reasons under the law. Rent increases must be in line with the RERA rental calculator, by law.

scrubbedexpat141

Just read your V2 mate, hadn't seen it previously.

So not allowed regardless of the fact it's signed etc?

Thanks

mikewot

Yup it's not allowed because the law says 12 months. End of. You can sign and then, at the end, make him take you to rent committee ;-)

scrubbedexpat141

Perfect. Thanks pal.

Will make the mrs make this clear to him.

Irishbeekeeper

funny, I was JUST typing this at another place so :
I have been told that if the LL does not comply, then just take the case to the Dubai Municipality Office (theres one in Deira) and they will make the LL renew the lease and also the jump in the rent will be according to the property law ara fact that there is nothing called a non-renewable contract, if the tenant wants to renew, theres not much the LL can do about it, well atleast thats what I have been told and I might be puting to the test soon I think

scrubbedexpat141

Keeping it friendly:

Good Morning,

Thanks for your email last night.

I have spoken with RERA today and they say that the rent cannot be increased (in line with the rental calculator; http://www.dubailand.gov.ae/English/...culatorEN.aspx ). They also said that the law does not recognize non-renewable contracts, so it stays in line with current laws.

I’m really happy with the apartment and would like to stay in it for as long as possible. I can have the cheque prepared for 95,000 and with you ready for the renewal date.

Thanks and Kind Regards

scrubbedexpat141

He finally came back, rang last night.

Very polite, very friendly, explained his costs have gone up, the apartment is renting for 115 on the open market, doesn't want to change tenant etc etc etc.

Originally asked for 105.

Now asking if we can get to 100/102 from 95.

My first response (in my head) was...hahaha, get ****ed.

Now, to show a bit of willing, to hopefully prevent getting served notice and that head ache, might offer him 98,000. He's in theory asking for 100. I'm paying 95. I DON'T have to pay more, but going just over halfway seems generous and laid out in a nice way, he can't say no.

If he does say no, that's not enough... I'll laugh and tell him it's 95.

If he says yes and hands me 12 months notice, I'll call him a deceitful, lying **** and warn him that I'll be watching that apartment like a hawk when we've moved out to see if he's re-rented it.

If he understands, acts like a reasonable human being and see's my generosity as a token of goodwill (which is ****ing is) then all will be fine.

Any comments / suggestions?

Bahtatboy

Sound plan

Irishbeekeeper

I went to the Dubai Municipality office yesterday and formally asked them to open a file for a rental dispute against my LL.
Its a tedious process but I felt that it needed to be done as the LL is being a total prick!
Will let you guys know how that works out.

scrubbedexpat141

So, ended up going to 99,000.

Re-structured it. He was specific about 102,000. The difference is 7,000 / 2 = 3,500 = 98,500. Offered 99,000 with that explanation.

He was alright, not over the moon, pushed for 100k. Told me the agent is begging him to get us out so he can get 120 for it etc etc. Ignored all that.

Not expecting to get the 12mth notice, but it's a possibility. BUT - It seems his only reason to do so is to re-rent for more. So, will be interesting to see if he does it or not.

Out of interest - if the 12mth notice letter isn't notarised and couriered, do you tell them it's not accepted or just ignore it and tell them it's not right at next renewal when he's expecting you out?

Also - if we get it properly and have to leave next renewal...how can we check and catch him out if he does just get a new tenant in? What's the gain for us? Don't want to be vindictive but don't want to let some cunthead boot us for more money when he legally can't.

Millhouse

I love the fact that you two were begging over 80dh a month.

scrubbedexpat141

Indeed.

**** it, I'd rather have it than not though. Especially when I don't HAVE to pay it.

scrubbedexpat141

^^

What I mean is, I'd rather it be 80 extra than 130 extra etc.

mikewot

The law is very clear about notary public and registered mail. If he fails to follow the law (you catching my drift) then you ignore and if at the 12 month point he says get out then you tell him to make you. It is difficult to evict in Dubai and he has to go to the Rental Committee and prove his case. If he failed to follow the law then his case fails and he has to do it properly with 12 months notice.

The only circumstance for claiming compensation in the event of wrongful eviction is if him or family of first instance do not move in and it is rented again within 2 years.