Questions & Answers
What's more important: the tenancy contract or UAE rental laws on tenancy renewal?
Hello,
I hope you can advise me, please!
I'm a tenant in Dubai. The owner/agency didn't send me the rent increase notice 90 days in advance. It was sent to me on Thu, 18 Apr, 22:16. My lease expires on June 24, 2024.
So it's 78 days instead of 90. But they claim that in the signed contract there is a statement:
"In the event that the tenant wishes to renew the lease at the end of the tenancy, they should notify the landlord in writing 90 days prior to the expiry date of the rental contract."
Since I didn't do this, they demand to increase my rent by the maximum amount possible as per RERA.
As far as I can understand, according to the law, if no one notifies anyone before 90 days, the default is to extend the lease. So there is no increase.
What is more important according to law, the signed contract, or UAE laws in this case?
Thank you very much, hope you can advise and help me!
Dear Questioner,
Thanks for your inquiry!
Regarding the above, we would like to inform you that, according to UAE law, the default is to extend the lease if neither party notifies the other before the 90-day deadline.
This means that if you do not notify the landlord of your intention to renew the lease, the lease will automatically be extended for the same terms and conditions, including the rent amount.
However, if the contract specifically states that the tenant must notify the landlord in writing 90 days prior to the expiry date, then the landlord may have the right to increase the rent if the tenant fails to comply with this requirement.
In this case, it is important to carefully review the terms of your lease agreement to determine if there is a clause regarding notification for lease renewal.
If there is, then the landlord may have the right to increase the rent. If there is no such clause, then the default rule of extending the lease without any increase in rent will apply.
It is also important to note that the Real Estate Regulatory Agency (RERA) sets a maximum limit for rent increases in Dubai. If the landlord is demanding an increase that exceeds this limit, you may file a complaint with RERA.
In any case, it is recommended to seek legal advice from us and review your lease agreement before taking any further action.
Kindly feel free to contact us via phone or email for further inquiries.
Greetings,
Dear Questioner,
You are right about renewing automatically in case of no notice.
As for the legal notice for increasing the rent, you can wait for the legal period, which is approximately 90 days.
If the owner refuses, you can submit an offer and deposit before DLD.
Hello,
Thank you for reaching out with your query regarding your tenancy situation.
Based on Article 14 of the rental law, if either party wishes not to renew the lease or to modify any of its terms, they must notify the other party at least ninety days before the contract expires, unless both parties agree otherwise.
Therefore, if you have been consistently paying the rent on time and have also provided post-dated checks for the new year, your contract is automatically renewed under the same terms as per the law.
Regarding the 90-day notice period mentioned in your contract, it is possible to agree on a different timeframe as long as both parties consent and document it in the contract.
Therefore, I advise you to carefully review the clauses of your contract to determine the specifics.
If you have any further questions or need assistance, please feel free to ask us.
Dear Questioner,
The landlord and tenant must meet the period stipulated in the law; (90) days. If one of them violates this period, the warning will not be taken into account and the contract will continue under the same previous conditions.
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
Hello,
According to Dubai rental law, landlords must give tenants 90 days' notice to raise rent.
Since they only notified you 78 days before, the rent increase is invalid and it can only be raised according to the guidelines of RERA.
You can respond by mentioning RERA's 90-day notice requirement.
If you have any clarifications, kindly share your WhatsApp number for further discussion.
Hello Sir/Madam,
Good day!
Regarding your inquiry, as per law, the landlord cannot increase the rent without serving proper 90-day notice to the tenant.
Here, as the landlord hasn't adhered to the 90-day notice period, the extension of the lease period will fall for default extension.
However, it is advised for you to remind them of the failure to comply with the notice period.
Should you have any further inquiries, you may kindly contact us.
