Dubai, UAE

Can the landlord refuse to renew the tenancy contract if I do not accept rent increase?

I have rented an apartment in Dubai (business bay). My rent is up for renewal in May. A few weeks ago the landlord asked if I wanted to renew and I said yes.

Checking the RERA calculator, he is permitted to increase my rent by 10%. I agreed to that. He is asking for more and I declined his offer and mentioned that I would only pay the 10% increase.

He then said he is not willing to bargain and simply will not renew my contract. I told him I did not accept that.

He then made reference to a clause in the contract that says “A ninety days' notice in writing should be given by the landlord to the tenant if the landlord wishes to review the rent in accordance with the applicable RERA law at the relevant time for renewal OR if the landlord wishes to terminate the contract”.

He is relying on the second part of this statement for his argument. Can he decide not to renew my contract?

Please note he has not submitted any valuation certificate.

Thank you!

Premium

Shamsa Albedwawi

Shamsa Albedwawi Advocates & Legal Consultants

Chat

Hire

Meet

27 Jan 2023, 07:35

Hi M.,

In order to evict the Tenant from the property, the Landlord needs to send you a notary notice stating the reason for the eviction, and he needs to give you 12 months' notice period.

If the same has not been done, you can file a complaint to RDC about the same. Moreover, he needs to follow the Rental Index.

27 Jan 2023, 07:36

Hello Shamsa

Thank you very much for your help.

He is saying he is not evicting me. He is saying he just does not want to renew the contract as per the clause I mentioned.

27 Jan 2023, 07:37

Well, it is the same thing. If he is not renewing the contract it means you have to leave the property.

27 Jan 2023, 07:38

This is the clause he put in the contract.

15. Ninety (90) days' notice in writing should be given by the Landlord to the Tenant if the Landlord wishes to review the rent in accordance with applicable RERA law at the relevant time for renewal or if the Landlord wishes to terminate the Contract."

27 Jan 2023, 07:43

A minimum of 90 days' time period is provided to either party to make any changes to contract terms.

However, this non-renewal clause is not in accordance with the law.

However, since you signed it knowing the existence of this term he might challenge this in court. Yes, it means that you will have to leave the property.

27 Jan 2023, 07:44

So the best thing to do is to file a case and offer and deposit at RDC?

27 Jan 2023, 08:45

Yes, you should raise a complaint at RDC.

Was this content helpful?