أسئلة وأجوبة
The landlord demands increased rent without proper notice. What to do?
Dear Sir/Madam,
I have been a tenant of an industrial unit since 2017. In 2022, the landlord's real estate forced extra rent on me, and without much thought, I agreed to it.
In 2023, they asked for another increase just one day before the tenancy expired. At that time, I filed with RDC and the tenancy was renewed.
Later, the real estate sent me an email for non-renewal for the year 2024, but since it was not an official legal notice, I filed again with RDC and deposited the cheques.
Now, the real estate wants to renew with a 10% increase in rent. I received the email 6 days prior to expiry, and I informed them about the law requiring a 90-day notice as per RERA.
Yes, it is a challenge for me to fight for my rights, but I am not interested in giving the real estate an undue advantage in the case of renewal.
RERA should look into the facilities and amenities that the property has before granting them rights to increase the rent as per the Index.
Kindly guide me!
Dear Questioner,
Increasing or decreasing the rent is subject to the rent index, but there are conditions that must be met by the property; the most important of which is that it is fit for use.
If you have any reasons that prevent you from making good use of the property, you must file a lawsuit with the Dispute Resolution Center to oblige the owner to remove them.
If anything else is required, don’t hesitate to contact us via email or call our offices in Dubai or Sharjah.
Jasim Al Haddad Law Firm
Legal Counsel and Consultations
Dear Questioner,
According to the UAE Tenancy Law, a landlord is required to give a tenant a minimum of 90 days' notice before the expiry of the tenancy contract if they wish to increase the rent.
This notice must be given in writing and must include the proposed new rent amount.
In your case, it seems that the landlord did not give you the required notice before the expiry of your tenancy contract in 2023.
As a result, you were able to file a complaint with the Rental Dispute Settlement Center (RDC) and have your tenancy contract renewed without the rent increase.
Now, the landlord is once again trying to increase the rent without giving you the required 90 days' notice.
In this situation, you have the right to file a complaint with the RDC and request that your tenancy contract be renewed without the rent increase.
It is important to note that the RDC will consider various factors, such as the condition of the property and the amenities provided, before allowing a rent increase.
If you believe that the property does not warrant a rent increase, you can provide evidence to support your claim during the RDC proceedings.
In addition, you can meet our lawyer who specializes in tenancy law to assist you with your case.
You can easily contact us via phone or email for assistance.
Thanks!
Dear Questioner,
Thanks for your inquiry!
Regarding the above, we would like to inform you that, according to UAE law, landlords are required to give tenants a 90-day notice before increasing the rent.
This notice should be given in writing and should include the new rental amount and the effective date of the increase.
If the landlord fails to give the required notice, the tenant has the right to reject the increase and continue paying the current rent.
In your case, it seems that the landlord did not give you the required notice before increasing the rent in 2022 and 2023.
You have the right to reject these increases and continue paying the original rent amount. However, since you agreed to the increase in 2022, it may be difficult to challenge it now.
As for the 2024 renewal, the landlord should have given you a 90-day notice before the expiry of the tenancy contract.
If they did not do so, you have the right to reject the increase and continue paying the current rent. You can also file a complaint with the Rental Dispute Center (RDC) to resolve the issue.
It is important to note that landlords are allowed to increase the rent based on the Real Estate Regulatory Agency's (RERA) rental index.
This index takes into consideration the facilities and amenities of the property. If you believe that the increase is not justified, you can also file a complaint with RERA to review the increase.
In conclusion, you have the right to reject any rent increase that is not in accordance with the law. You can also seek legal advice from us as a lawyer who specializes in UAE law.
Kindly feel free to contact us via phone or email for further inquiry.
Greetings,
Dear Questioner,
Thank you for reaching out to me regarding your tenancy situation. I understand the challenges you've faced with the real estate company regarding rent increases and renewal terms.
Based on the details you've provided, it's evident that you've taken proactive steps to assert your rights as a tenant under the Dubai rental laws.
Your decision to file with the Rental Dispute Center (RDC) and deposit the cheques demonstrates your commitment to protecting your interests.
Regarding the latest communication from the real estate company proposing a 10% increase in rent, it's important to adhere to the legal requirements outlined by RERA (Real Estate Regulatory Agency).
As you rightly pointed out, RERA mandates a 90-day notice period for any rent increase, and it's crucial for the real estate company to comply with this regulation.
Furthermore, it's essential to ensure that any proposed rent increase is justified and in accordance with the guidelines set forth by RERA, considering the facilities and amenities provided by the property.
RERA's index for rental increases takes into account various factors, and it's imperative that the real estate company follows these guidelines appropriately.
In light of your situation, I would recommend continuing to engage with the real estate company in a constructive manner while also seeking legal advice and representation to safeguard your rights effectively.
As an experienced attorney specializing in rental disputes and tenancy matters, I am here to provide you with expert guidance and representation throughout this process.
Please feel free to reach out to me via WhatsApp or phone to discuss your situation further and explore the best course of action.
Your rights as a tenant deserve protection, and I am dedicated to assisting you in achieving a fair and favorable resolution.
Dear questioner,
You are not obligated to provide the extra rent in the name of renewal, which is outside the purview of the RERA index. You are only required to pay the rent according to RERA rules.
Additionally, you can continue to pay the old rent. If the landlord does not accept, you can file a case against them and seek compensation for the mental agony you faced each time.
