Questions & Answers
Breach of tenancy contract
Dear lawyers, I would like to ask you for an advice on my situation with the tenant. At the time of signing the contract we agreed to 3 cheques payment, but started defaulting. Now he is paying monthly.
How can I change this situation? Can I also increase the rent in this circumstances? Or ask the tenant to vacate the property without one year notice? Thanks and regards.
Unfortunately, you haven’t specified where your rented apartment is located. If you’re in Dubai, your relations with the tenant are regulated by Law Regulating Relationship between Landlords and Tenants in the Emirate of Dubai No. 26 of 2007 (amended by Law No. (33) of 2008).
To provide you with the most accurate information the terms of your tenancy contract must be studied. However, you may only increase the rent upon renewal of the contract and only subject to the terms specified in the Decree No. 43 of 2013 on Determining the Increase in the Real Estate Rentals in the Emirate of Dubai.
Nonetheless, you may demand eviction of tenant prior to the expiry of tenancy period if the tenant fails to observe any obligations imposed on him by the tenancy contract within 30 days from the date your Notice to abide by such obligations or conditions is served upon him. You must notify him via registered post or Notary Public.
You may refer your dispute to the Rental Dispute Settlement Centre established under Decree No. 26 of 2013. It was set up to settle all rental disputes arising between property landlords and tenants in Dubai.To be provided with more information and legal assistance you’re welcomed to our office.
