Q: I have given notice by the notary public to my tenant to vacate my apartment. He is not agreeing on terms and conditions and is asking to have the same terms… A: You cannot give notice to your tenant by the notary public to vacate your property because the tenant does not agree to the new terms…

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Vacating an apartment by the landlord upon tenant's refusal of the new contract

Hi,

I have a query regarding a contract renewal. I have given notice by the notary public to my tenant to vacate my apartment.

He is not agreeing on terms and conditions and is asking to have the same terms and conditions as the previous year's contract, for which I said that I will not sign the contract which contains renewal terms and conditions.

(I told him 90 days before the current contract expiry date that I am not willing to renew and I will give the notice to vacate).

So if I do not sign the contract and it gets renewed automatically, can my tenant challenge the notice by a notary public at the time of vacating the apartment?

Thank you!

Khaled Mahmoud Shibl

MIO Law Firm (Abu Baker Salem Advocates & Legal Consultants)

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23 Jan 2022, 08:13

Hello,

As per your question, as the contract got renewed by the same terms, hence during the time of vacating the premises the same terms follows.

If you want to challenge the terms of the contract, please contact RERA for your objection.

Kindly contact us via phone or email for further assistance.

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Jennifer Arkhurst

Arkhurst & Abdellah Solicitors

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24 Jan 2022, 06:33

Dear Sir/Madam,

You cannot give notice to your tenant by the notary public to vacate your property just because the tenant does not agree to the new terms.

If there is a disagreement, it is decided upon by the Lands Department Rent Disputes Committee. Until a decision is made and applied, your tenant will be entitled to continue to stay at the property under the old tenancy terms and rent.

The notary public notices are used where possession is required at the end of the tenancy for a landlord's use or refurbishment etc.

A year's advance notice has to be given in such circumstances.

Hope you find this advice helpful. For any further support, please contact me via phone.

26 Jan 2022, 15:01

Dear Jennifer,

Thanks for your reply.

I believe my question was a bit misleading. My point is:

1. I have given 12 months notice because I want to use my property for myself.

2. I want to add new terms in the contract that it is NON renewal contract and end date of contract. Which will be based on end date of Notice by notary public.

I want to add these terms because I do not want my tenant to challenge eviction notice in any way.

26 Jan 2022, 16:43

Dear Sir/Madam,

As long as you serve the original Notary Letter, it is fine.

What you can do is mention the Notary Letter as well (title, date, reference... etc) in the additional terms on page 2 of the tenancy agreement and attach a copy of the letter to the tenancy agreement.

The text you use should draw attention to the final end date of the tenancy. There is no need to add it will not be renewed, as the letter says it all.

Get the tenant to sign the tenancy as well as the bottom of the copy of the Notary letter attached, to show the tenant's acknowledgment.

Hope this helps.

Many thanks,

Jennifer Arkhurst

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