Questions & Answers
Can the landlord evict me if I don't accept rent increase against RERA Index?
I currently live in a 3-BDR apartment with a renewable 1-yr lease term ending 24.9.22. The apartment is the penthouse of a hotel building, but it's an Ejari apartment and not a serviced hotel apartment, although owned by the same company.
The annual rent is AED 165k. The landlord company has asked for an increase of AED 20k to AED 185k starting with the new lease term of 25.9.22.
As this is below the average rent (AED 146k-179k) of similar 3-BDR apartments in Dubai Marina, the RERA rental index calculator stipulates no increase.
The owner thinks that this is not a normal 3-BDR apartment but a penthouse and as such the RERA index for a 3-BDR apartment is not applicable.
I would like to renew the lease but under the same conditions as today.
How should I proceed?
Can the owner simply deny the renewal under the existing conditions and ask me to vacate the apartment?
Thank You
Y.
Dear Mr. Y.
For the purpose of amending the tenancy contract terms, the landlord should serve a notice 90 days prior to the end of the contract.
Moreover, if he/she did, we can deny the request based on the RERA calculation scheme and serve them a binding legal notice stating that the contract shall be auto-renewed on the same terms of the old contract.
The landlord cannot evict you unless they serve a 12 months notice prior to the expiry date of the ongoing contract.
Considering the fact they didn't, then they can't under any circumstances evict you, and you have the right to renew the contract via RDC within 10 days of issuing the submitted request to the RDC judge of urgent matters.
Kindly reach me by email for further clarifications.
