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Dubai, UAE

How can I vacate my tenant if the rental agreement ends before the eviction notice deadline?

My Dubai tenant's rental agreement is ending by the end of September 2024 and the completion of 12 months of legally served Eviction Notice is the end of December 2024.

I have two questions:

(a) Can I send a rent increase notice 3 months before as the rent has increased as per the RERA rent calculator?

(b) The second question is, do I have to renew the rental agreement for 3 months (until December 2024) or not?

Thank you.

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KHE Legal Consultancy
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1 May 2024, 07:28

Hello,

1. According to Dubai rental law, you can increase the rent as per the RERA index with a 90-day written notice to the tenant.

2. You are not obligated to renew the lease for the remaining 3 months if the tenant receives a valid eviction notice. However, you can offer a short-term renewal if both parties agree.

If you have any clarifications regarding this, please share your WhatsApp number for further discussion.

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Elnaggar & Partners
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1 May 2024, 08:02

Dear Questioner,

(a) According to UAE law, landlords are allowed to increase the rent in a manner that is regulated by the law and in layers where the minimum is 5% and by a maximum of 20% depending on a few factors.

In simple words, the main criteria for whether a landlord can or cannot increase the rent is the fact that if the rent at the time of checking, is below the average market rent for similar properties in the same area.

Additionally, the notice for such an increase in the rent should be sent to the tenant 3 months before the end of the tenancy contract.

(b) It is not necessary to renew the rental agreement for 3 months if the tenant has already been served with a legally served eviction notice.

However, to secure the 3-month rent, it is recommended to have a written agreement between both parties to avoid any misunderstandings or disputes in the future.

The above is a theoretical response based on the givens mentioned in your question.

To advise you precisely we will have to review the contract, the notices, emails, or communications between the landlord and tenant to advise and recommend the best route to be taken.

Ahmed Elnaggar

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Jassim Ali Al Haddad Lawyers and Legal Consultants
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1 May 2024, 08:37

Dear.

This depends on the reason for the eviction mentioned in the warning, whether due to selling the property or due to personal use. Was the warning actually received?

The contract also automatically extends to the actual eviction date.

If anything else is required, don’t hesitate to contact us via email or call our offices in Dubai or Sharjah.

Jasim Al Haddad Law Firm Legal Counsel and Consultations

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Mohamed Bakheet Advocates & Legal Consultants
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1 May 2024, 10:21

Yes, a notice of rent increase must be sent 3 months in advance due to the rent increase according to the RERA rent calculator.

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Ibrahim Al Banna Advocates & Legal Consultants
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1 May 2024, 19:32

Thank you for reaching out with your inquiries regarding your tenancy situation in Dubai. I appreciate the opportunity to assist you.

Regarding your first question, according to the regulations set by RERA (Real Estate Regulatory Authority), landlords are generally allowed to issue a rent increase notice to tenants three months before the expiration of the tenancy contract, provided that the increase complies with the guidelines outlined in the RERA rent calculator.

Therefore, yes, you can send a rent increase notice three months before the end of the tenancy agreement if the rent has increased in accordance with RERA guidelines.

As for your second question, it's essential to evaluate the terms of your current tenancy agreement.

Typically, if the agreement is set to expire at the end of September 2024, and you have served a legally compliant 12-month eviction notice ending in December 2024, there may not be a requirement to renew the rental agreement for an additional three months.

However, to ensure compliance with all legal obligations and to navigate this situation effectively, I recommend reviewing your tenancy agreement and discussing the specifics of your case during a consultation.

I understand that navigating rental regulations and tenancy matters can be complex, and I am here to provide you with comprehensive legal guidance tailored to your specific situation.

Please feel free to reach out to me via WhatsApp or phone to schedule a consultation. During our discussion, we can address any further questions you may have and outline the best course of action moving forward.

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