أسئلة وأجوبة

اسأل محاميًا
دبي, الإمارات العربية المتحدة

Is a rent increase notice sent by the previous property management still valid?

Good afternoon,

I have a Real Estate property management license in Dubai.

I recently entered into a management agreement with a landlord of a fully occupied building. Now, I am dealing with a situation where I can't send rent increase notices 90 days prior because my company was not managing the building 90 days ago.

If the previous real estate company did send these formal notices, can we consider those valid for us as well?

In the worst case, where we cannot reach an agreement with the tenant and open a lawsuit in RDC, can we present the notices that were not made by us but were still made in compliance with the laws?

As per RERA and UAE laws, can these formal notices for rental increases be sent via email to the tenant's registered email address?

Or must it be a notarized rental increase notice from a notary public for the judge to approve the rental increase?

متميز
جاسم علي الحداد للمحاماة والاستشارات القانونية
دردشة توظيف
اجتماع
12 Jun 2024, 08:19

Dear Questioner,

You can use the notices sent by the old management company if more than 90 days have passed.

The law does not require that the notice be sent through a notary public in the event of a request to amend the rent.

12 Jun 2024, 08:36

Dear Nasir,

Thank you for the information!

Since we are now the management company for this building, does it mean that we can use the rental increase notice sent by the previous management company 90 days prior to the tenant's lease expiry in RDC?

Is it okay even if it was only sent via email and not notarized by a notary public?

13 Jun 2024, 05:41

Referring to the law regulating the relationship between the landlord and the tenant, we find that Article 13 prohibits increasing the rent value for three years from the beginning of the rental relationship.

After the expiration of the three years, the landlord may increase the rent to the equivalent rental value.

The law does not oblige the landlord to notify the tenant of that increase.

What typically happens is that the increase is agreed upon when renewing the contract, and in the event of disagreement, the Rental Disputes Resolution Committee is responsible for determining the ideal rent.

متميز
ميدل إيست ليجل كونسولتانتس
دردشة توظيف
اجتماع
12 Jun 2024, 08:29

Dear client,

Yes, the legal notices previously sent by the landlord or his representative will work for you.

As per the rent law in Dubai, the increase notice does not need to be notarized by a public notary and can be sent via the registered email.

However, any notice requesting the tenant to vacate must be notarized. We can help you with any future legal notices through a notary public.

Our fees are only AED 500 + VAT for each notice, plus notary fees of AED 220, notification fees of AED 84, translation fees of AED 100 if the tenant is not an Arabic speaker and AED 120 for POA fees.

Just contact us at [------].

Best regards,

12 Jun 2024, 08:31

Dear Amar,

Thank you for the information!

Is it the same scenario if the notice was sent via email by the previous management company?

Because, as mentioned, we have just recently acquired the management rights for this property.

12 Jun 2024, 08:41

Yes, it is the same because it was sent to them by the old company as a representative of the landlord.

12 Jun 2024, 08:45

Thank you for confirming!

I've saved your number and will contact you in the future if we require any legal assistance.

متميز
أميري محامون ومستشارون قانونيون
دردشة توظيف
اجتماع
12 Jun 2024, 08:35

The previous notices are valid, as all the rights and obligations of the previous landlord transfer to the new landlord, and all the rights and obligations of the tenant with the previous landlord remain the same with the new landlord.

Any notice to the tenant can be sent via email, except for eviction notices.

12 Jun 2024, 08:41

Dear Ahmad,

Thank you for the information!

Is it the same scenario if the notice was sent via email by the previous management company and not the landlord?

Because, as mentioned, we have just recently entered into a management contract with the landlord.

If in the worst scenario the tenant files a lawsuit in RDC, will it be against us as the property management company or against the actual landlord of the building?

12 Jun 2024, 09:04

Yes, the scenario is the same.

The lawsuit is against the landlord; the person or company named in the lease agreement.

متميز
كي إتش إي للاستشارات القانونية
دردشة توظيف
اجتماع
12 Jun 2024, 09:28

Hello,

Any previous rent increase notices sent by the prior company following RERA guidelines could be considered valid if there is mutual consent between both.

The formal notice can be sent to the tenant's registered mail or via notary public by notarizing the same.

For further clarification, kindly share your WhatsApp number.

متميز
الفهد للاستشارات القانونية
دردشة توظيف
اجتماع
12 Jun 2024, 10:47

Dear Questioner,

Thanks for your inquiry!

Regarding the above, we would like to inform you that, according to RERA and UAE laws, rental increase notices must be sent by registered mail or delivered by hand to the tenant's registered address.

It is not sufficient to send the notice via email. The notice must also be notarized by a notary public in order for it to be considered valid in court.

In your situation, if the previous real estate company had already sent out the rental increase notices, you may be able to use those notices as evidence in court.

However, it is always best to consult with us as a legal professional for specific advice on your case.

Kindly do not hesitate to contact us at [-----].

Regards,

متميز
هند حميد النعيمي للمحاماة والاستشارات القانونية
دردشة توظيف
اجتماع
12 Jun 2024, 11:01

Dear Questioner,

- Validity of Previous Rent Increase Notices:

If the previous real estate company managing the building sent out rent increase notices in compliance with the laws and regulations, those notices should still be considered valid even if your company was not managing the property at that time.

As long as the notices were properly issued according to the required timelines and procedures, they should hold legal weight.

- Presenting Previous Notices in a Lawsuit:

In a situation where you are unable to reach an agreement with a tenant and need to escalate the matter to court, you can present the rent increase notices that were issued by the previous management company as evidence of compliance with legal requirements.

These notices, if correctly executed, can support your case for a rental increase.

- Sending Formal Notices for Rental Increase:

According to RERA (Real Estate Regulatory Agency) and UAE laws, formal notices for rental increases should typically be sent through registered mail or delivered in person to ensure proper documentation and acknowledgment by the tenant.

While sending notices via email may be convenient, it is advisable to follow the prescribed methods of delivery to avoid any disputes regarding receipt of the notice.

- Notarized Rental Increase Notice:

In some cases, having a rental increase notice notarized by a notary public can provide additional legal validity and assurance.

While it may not always be mandatory, having such a document notarized can strengthen its authenticity and credibility in legal proceedings.

متميز
إبراهيم البنا للمحاماة والاستشارات القانونية
دردشة توظيف
اجتماع
12 Jun 2024, 14:32

Dear Questioner,

Good afternoon and thank you for reaching out with your question regarding the management agreement and rent increase notices.

Regarding your situation, if the previous property management company sent out the rent increase notices in accordance with the laws and regulations, those notices should still be considered valid.

The fact that your company was not managing the building at the time the notices were sent does not invalidate them, provided they were issued correctly and within the required timeframe.

In the event of a dispute where an agreement cannot be reached with the tenants and the matter is escalated to the Rental Disputes Center (RDC), you should be able to present the notices sent by the previous management company.

Ensure you have all relevant documentation proving the notices were issued in compliance with the laws.

As for the method of delivering these formal notices, according to RERA and UAE laws, rental increase notices can be sent to the tenant's registered email address, provided that the tenant has agreed to this form of communication.

However, to strengthen your position, especially if the matter goes to court, it is advisable to send the notices through more formal channels.

A notarized rental increase notice from a notary public can provide additional legal validity and assurance that the notice will be accepted by a judge.

For further discussion on how to proceed effectively and to explore the best course of action tailored to your specific situation, please feel free to reach out to me directly via WhatsApp or phone at [------].

متميز
محمد بخيت للمحاماة والاستشارات القانونية
دردشة توظيف
اجتماع
12 Jun 2024, 23:21

The rent increase notice must be notarized. The judge approves the rent increase.

12 Jun 2024, 23:22

For assistance in renewing the lease with the same previous conditions, please contact us via phone or WhatsApp number [------].

خدمات برسوم ثابتة
2 2 خدمات متاحة •  عرض الجميع
احصل على عروض أسعار من محامين
ابحث عن المحامي المناسب لاحتياجاتك القانونية. أرسل طلبك واحصل على عدة عروض تنافسية من محامين مؤهلين.
هل تبحث عن شيء آخر؟
اطلب استشارة من محامٍ
الخدمة مجانية وهويتك مخفاة
لا حاجة للتسجيل
اسأل محاميًا