أسئلة وأجوبة
How to handle a 12% rent increase in Ras Al Khaimah when RAK RERA offers no guidance?
Dear Lawyers,
I have a tenancy contract in Ras Al Khaimah, expiring on January 1, 2025. This is my first year of tenancy with this particular landlord, and I intend to renew for a second year.
The landlord contacted me, requesting confirmation on whether I plan to renew the tenancy or vacate, and they quoted a new rent 12% higher than the rent in the first year.
The renewal terms and rates are not explicitly mentioned in the tenancy contract or the addendum. I understand that it is illegal to increase rent by more than 10%, but surprisingly, RAK RERA could not comment on this and failed to confirm which laws and regulations I could refer to.
I am familiar with the renewal and rental dispute process via Dubai RERA, which is straightforward, but I am unaware of the process in Ras Al Khaimah.
Could you advise on the correct and fair renewal process?
Thanks!
Dear Questioner,
Thanks for your inquiry!
Regarding the above, we would like to inform you that:
- Rent Increase Limit:
Landlords cannot legally increase rent by more than 10% upon renewal unless specified otherwise in the contract. A proposed 12% increase exceeds this limit.
- Response to Landlord:
Write to your landlord to confirm your intention to renew and address the excessive rent increase. Request to maintain the current rent or a maximum increase of 10%.
- Negotiation:
If the landlord insists on the higher rate, try to negotiate a mutually acceptable agreement.
- Dispute Resolution:
If an agreement cannot be reached, file a complaint with the RAK Rent Disputes Committee before your current contract expires. Include all relevant documentation.
- Documentation:
Keep records of all communications with your landlord and any relevant legal regulations.
You have the right to a fair renewal process, and you should not accept an increase beyond the legal limit without justification.
If needed, consider consulting a legal professional specializing in UAE real estate law for further assistance.
Greetings,
Hello,
While Ras Al Khaimah did not have distinct rental regulations like Dubai, it generally adheres to the federal laws.
The proposed 12% increase likely exceeds the legal limit unless there are exceptional circumstances, such as property enhancements.
The renewal process is to respond to your landlord in writing. Confirm your intention to renew the lease but express your concerns about the proposed 12% increase, referencing the typical legal limit.
If both parties agree on the terms (including rent), a new tenancy contract or an addendum to the existing contract should be drafted.
This document should specify the new rental amount, the duration of the renewed lease, and any other changes to the terms.
Dear Questioner,
Thank you for reaching out regarding your tenancy renewal in Ras Al Khaimah!
While you are correct in your understanding of the rental increase caps in Dubai, Ras Al Khaimah operates under a different regulatory framework, and rental disputes are handled separately from Dubai's RERA system.
Unfortunately, RAK RERA does not have the same clarity on specific rental increase limits, which can make these situations more complex.
In your case, since the renewal terms and rates are not explicitly stated in the contract, it is essential to review local regulations governing tenancy renewals in Ras Al Khaimah and assess whether the 12% increase is in line with any applicable local laws or customs.
It may also be possible to negotiate with your landlord if the proposed increase seems unreasonable.
I would be happy to assist you further by examining your contract and advising on the best approach to address this situation.
Please feel free to reach out to me on WhatsApp or by phone at [--------] to discuss this in more detail, or you can email me at [---------].
Dear Questioner,
Rent Renewal and Dispute Resolution in Ras Al Khaimah:
1. Legal Framework for Rent Increases:
Rental increases in Ras Al Khaimah (RAK) are generally limited to 10% unless specified otherwise. A proposed 12% increase exceeds this limit.
2. Review Your Tenancy Contract:
Check your contract for any clauses on rent increases or renewals. Lack of provisions for exceeding the legal limit strengthens your position against the proposed hike.
3. Communicate with Your Landlord:
Formally express your intent to renew and discuss the rent increase, insisting it complies with local laws.
4. Seek Mediation:
If discussions fail, consider mediation through RAK RERA, which can help resolve landlord-tenant disputes. Keep a record of all communications.
5. File a Complaint:
If mediation doesn't work, file a formal complaint with RAK RERA, including your tenancy contract and communication records.
6. Know Your Rights:
Understand your rights as a tenant in RAK, which protect you from unjust rent increases and ensure fair negotiations.
7. Finalize Renewal Terms:
Once an agreement is reached regarding rent, document the new terms in writing and ensure both parties sign before processing payments or continuing occupancy.