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How long can I stay if the owner sells the property after I declined the rent increase?

Dear Lawyers,

I started renting a unit in November 2023. The property manager offered a higher rent for renewal, even though the RERA index showed no increase in August 2024.

I refused and said I would follow the RERA index. Last week, the property manager informed me that the owner wants to view the unit because he is planning to sell it.

I asked for the price, and the manager said 2.5M, while similar units are on sale for 1.5M. I want to understand what the owner is trying to do, what my rights are, and how long I can stay in the unit if the owner sells or cannot sell it.

متميز
هند حميد النعيمي للمحاماة والاستشارات القانونية
دردشة توظيف
اجتماع
23 Sep 2024, 12:19

Dear Questioner,

Here’s a breakdown of your situation and your rights as a tenant.

1. Understanding the Owner's Intentions:

- Property Sale:

The owner likely wants to show the unit to potential buyers to maximize profit. Setting a price significantly higher than the market could indicate an attempt to gauge interest or take advantage of speculative buyer behavior.

2. Your Rights as a Tenant:

- Lease Terms:

Review your lease agreement for terms regarding viewings and rights to remain in the unit. Typically, landlords can show the property with notice.

- RERA Regulations:

The Real Estate Regulatory Agency (RERA) guidelines govern rental increases. If the RERA index shows no increase, you can refuse rent hikes based on that index.

- Occupancy Rights:

Even if the owner sells the unit, your rights as a tenant remain intact. The new owner would typically have to honor the existing lease until its expiration unless stipulated otherwise.

3. Duration of Stay:

- Lease Agreement:

You can stay for the duration stated in your lease unless there’s a clause allowing for early termination (which is rare). If your lease is set to end after November 2024, you should legally be able to remain until then.

- Selling the Unit:

If the owner sells the unit and the new owner accepts the current lease terms, you can continue your tenancy. If the new owner wants to terminate your lease, they may need to provide proper notice as per local laws.

4. Next Steps:

- Communicate with the Property Manager:

Confirm your rights concerning viewings and express your concerns about the sale price discrepancy.

- Seek Legal Advice:

If you suspect unfair practices or need clarification on your rights, consider consulting a legal professional familiar with UAE real estate law.

Please contact us via phone or email for further assistance.

- Stay Updated:

Keep an eye on local rental laws and market trends. Understanding your rights will help you navigate potential changes in your leasing situation.

متميز
كي إتش إي للاستشارات القانونية
دردشة توظيف
اجتماع
23 Sep 2024, 12:25

Dear Questioner,

You can stay in the unit for at least 12 months after receiving proper legal notice if the owner sells the property.

Rent can only be increased according to the RERA index, and the owner cannot enforce an unjustified hike.

The exaggerated sale price (2.5M AED) may suggest the owner is not serious about selling but is instead attempting to pressure you.

If the owner does not sell, your current lease continues as normal. They cannot evict you without following proper legal procedures (e.g., notice period for selling or personal use).

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

23 Sep 2024, 12:28

Yes, please! My WhatsApp is [---------].

23 Sep 2024, 12:36

One of the team members will contact you shortly.

متميز
علوي الجابري للمحاماة والاستشارات القانونية
دردشة توظيف
اجتماع
23 Sep 2024, 12:38

Dear Lawyers,

According to UAE law, the owner of a property has the right to sell their property at any time, even if it is currently being rented out.

However, the tenant has the right to continue living in the property until the end of their tenancy contract.

In your situation, if the owner decides to sell the unit, they must give you a written notice at least 12 months before the end of your tenancy contract.

This means that you have the right to stay in the unit for the remaining period of your contract, unless you and the owner come to an agreement for early termination.

23 Sep 2024, 12:38

Kindly contact me for further assistance.

متميز
الفهد للاستشارات القانونية
دردشة توظيف
اجتماع
23 Sep 2024, 12:47

Dear Questioner,

Thanks for your inquiry!

Regarding the above, we would like to inform you that, according to UAE law, the owner of a property has the right to sell their property at any time, even if it is currently being rented out.

However, the tenant has the right to continue living in the property until the end of their lease agreement.

In your case, if the owner decides to sell the unit, they must give you a written notice at least 12 months before the end of your lease agreement.

This means that you have the right to stay in the unit for the remainder of your lease, unless you and the owner come to an agreement for early termination.

As for the rent increase, the property manager must follow the RERA index and cannot increase the rent without a valid reason.

If the RERA index shows no increase, then the rent cannot be increased. If the property manager is not following the RERA index, you can file a complaint with the Dubai Land Department.

In terms of the owner's asking price for the unit, it is not uncommon for owners to ask for a higher price than the market value.

However, as a tenant, you are not obligated to pay any additional fees or charges related to the sale of the unit.

In summary, as a tenant, you have the right to continue living in the unit until the end of your lease agreement, and the owner cannot force you to leave before that.

If you have any concerns or issues, you can seek advice from the Dubai Land Department or a legal professional.

Kindly do not hesitate to contact us via phone or email for further guidance.

Greetings,

متميز
راشد خليل عبيد للمحاماة والاستشارات القانونية
دردشة توظيف
اجتماع
23 Sep 2024, 12:50

Dear Questioner,

From the explanation you have given, the property manager wants to send you an eviction notice, based on the reason for sale.

Since you have denied the rental increase, this might be their tactic to evict you from the property.

You can continue to stay in the property by challenging the eviction notice or if they're re-renting the property to a third party, you can file a compensation suit against the landlord.

Kindly share your WhatsApp number to discuss this further.

ليلى حمزة الملا محامون ومستشارون قانونيون
دردشة
توظيف
اجتماع
23 Sep 2024, 13:27

Dear questioner,

You can stay until the validity period of the eviction notice, if it was served due to the sale of the property. You can also try to renew through the RDC by way of offer and deposit.

If you need further clarification, you can contact me on my WhatsApp number [--------].

متميز
إبراهيم البنا للمحاماة والاستشارات القانونية
دردشة توظيف
اجتماع
23 Sep 2024, 13:55

Dear Questioner,

Thank you for reaching out with your question about the rent increase and the potential sale of the unit.

Based on the situation you described, the landlord cannot unilaterally increase the rent beyond what is allowed by the RERA index.

If the RERA index shows no increase, you have the right to refuse any higher rent demands, as you correctly did.

Regarding the owner's plan to sell the property, your tenancy remains protected under Dubai’s rental laws. Even if the owner decides to sell the unit, you can remain in the property until the end of your tenancy contract.

Should the new owner want to occupy the property for personal use, they would need to serve you with a 12-month eviction notice, sent via registered mail or Notary Public.

If the property remains unsold, your tenancy contract will continue as agreed, and the terms of renewal will follow the same process.

For a more detailed assessment and to ensure your rights are fully protected, I recommend we discuss your case further.

Feel free to reach out to me directly via WhatsApp at [--------], or call me at your convenience.

Best regards,

Suhail Rana

متميز
ناصر يوسف الخميس للمحاماة والاستشارات القانونية
دردشة
توظيف
اجتماع
23 Sep 2024, 14:47

Dear Questioner,

Yes, the owner has the right to sell the property as per the law.

In the event the owner does not sell the unit and rents it to another person, then you can file a compensation case against the landlord.

Please contact us on [-------] for detailed discussion and assistance.

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