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Is a one-year non-renewability clause in a tenancy contract legally binding?

Dear Lawyers,

My tenancy contract contains a 1-year non-renewable term. I understand that even if this is written in the contract, it is not legally binding and they must still follow the proper procedure.

If they don't make contact within the 90-day period, are we entitled to stay in the apartment because they missed the threshold?

متميز
الحجية النوبي للمحاماة والاستشارات القانونية
دردشة
توظيف
اجتماع
8 Jul 2024, 07:01

Hello,

Thank you for your inquiry regarding the non-renewable clause in your tenancy contract.

In response to your question, if your property is located in Dubai, judicial rulings and applicable laws stipulate that the non-renewable clause you mentioned is effective and enforceable in only one situation: it must be added to a subsequent contract after the first year.

This means that after the rental relationship is established in the first year, an agreement in the second or subsequent years to vacate at the end of the contract term would be enforceable.

We have numerous judicial rulings issued in accordance with this judicial direction.

8 Jul 2024, 07:04

This was added to the first contract. I have only been living in the apartment since April.

8 Jul 2024, 07:20

It would be difficult to evict the tenant based on this clause alone.

متميز
مركز لندن للاستشارات القانونية
دردشة توظيف
اجتماع
8 Jul 2024, 07:11

Greetings,

Despite the stipulation that the contract ends at the end of the term, if the landlord takes the rent, the lease contract is considered to have been automatically renewed.

For further inquiries about your topic, you can visit our office or contact us on WhatsApp at [------] or email at [------].

متميز
الفهد للاستشارات القانونية
دردشة توظيف
اجتماع
8 Jul 2024, 07:59

Dear Questioner,

Thanks for your inquiry!

Regarding the above, we would like to inform you that, according to UAE law, a tenancy contract can be renewed or terminated by either party at the end of its term.

However, if the contract states that it is non-renewable, then the landlord has the right to refuse to renew the contract at the end of the term.

If the landlord does not make contact within the 90-day period, it does not automatically entitle the tenant to stay in the apartment.

The landlord can still choose not to renew the contract and ask the tenant to vacate the premises.

However, if the landlord does not give the tenant a notice of non-renewal at least 90 days before the end of the contract, the tenant may be entitled to compensation for any losses incurred due to the sudden termination of the contract.

It is important to note that the terms of the tenancy contract, including the non-renewable clause, must be agreed upon by both parties before signing the contract.

If the tenant has any concerns or questions about the terms of the contract, they should seek legal advice before signing it.

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

Greetings,

وفاء علي الحوسني للمحاماة والاستشارات القانونية
دردشة
توظيف
اجتماع
8 Jul 2024, 10:12

Welcome,

Yes, you can stay in the house and you have the right to renew the lease, even if you are sent a warning 90 days before the end of the contract.

To obtain free legal advice that includes all the details, kindly contact us.

Dr. Mohamed Allam

Doctorate in Public Law

متميز
بدر ليجال كونسولتانتس
دردشة
توظيف
اجتماع
8 Jul 2024, 11:13

A landlord can not add a non-renewable cause as it goes against the general laws in Dubai.

If there is no contact between the tenant & landlord before the 90-day notice period, the contract is renewed with the same rent and conditions as the previous year.

Safa

Badr Legal Consultants

متميز
كي إتش إي للاستشارات القانونية
دردشة توظيف
اجتماع
8 Jul 2024, 11:35

Dear Questioner,

Yes, as per rental laws, these terms are invalid or they should give you prior notice as per the requirements of law according to the appropriate emirate.

8 Jul 2024, 11:35

If you need further clarification, please share your WhatsApp number.

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