Questions & Answers
Time frame for asking a tenant to vacate an apartment
Hi,
I received a call from the landlord that he wants to sell the property and is not planning to renew our contract which will end on the last of the next February. He requested us to pay the last quarter cheque in cash.
Please tell me about my legal situation and the right advice in the following cases:
1- What is your advice regarding paying the last quarter into cash (as he said that he closed his bank accounts)?
2- Does he has a right to ask me to leave the apartment before 3 months?
3- Is it right that as per Dubai law, he cannot increase the rent unless we continue for 3 years?
Thanks in advance!
Dear questioner,
As per the Dubai Tenancy law, the landlord can ask the tenant to vacate the premises after serving a written notice to the tenant to that effect.
Such notice must be served at least 12 months before the anticipated date of eviction and must be sent through the Notary Public or by registered mail.
You may pay the amount in cash and take an acknowledgment from the landlord about the receipt of the amount. The landlord in no case shall seek eviction without serving a notice of 3 months.
However, he may increase the rent by serving 3 months' notice. Such a rent increase shall be as per the RERA rental index which follows a graded structural approach as follows:
- If the current annual rent is below 10% of the calculated market value, there is no increase applicable.
- If the current annual rent is between 11% and 20% under the calculated RERA market value, the maximum rental increase applicable is 5%.
- If the current annual rent is 21% to 30% under the calculated RERA market value, the maximum rent increase applicable is 10%.
- If the annual rent on the property is 31% to 40% under the calculated RERA market value, the maximum rent increase applicable is 15%.
- If the annual rent on the property is more than 40% below the RERA calculated market value, the maximum rent increase applicable is 20%.
Regards,
Rajasree Ravivarma
