Questions & Answers
Is a non-renewable rental contract clause enforceable under UAE law?
Dear Lawyers,
While signing a rental renewal contract, the following clause is added:
"This contract is a non-renewable contract, and the tenant agrees to vacate the premises at the end of the tenancy contract. He acknowledges that he has no right to file or claim in the future any lawsuit or compensation claim against the owner regarding this property, including what’s in it."
The tenant signs the contract. My questions are:
Q1. Is it legally enforceable within the UAE legal system, as it basically contradicts the basic rights of residents and tenants in the UAE? "No one has the right to prevent another person from resorting to the judiciary."
Q2. This was used as a pressure instrument by the landlord as a condition of renewal after serving an eviction notice. This is all documented over emails.
Q3. Can I sue the landlord for using the pressure tactic of serving me an eviction notice, pressing me for a rental increase, and making me sign this clause? All communications are documented.
Dear Questioner,
Thanks for your inquiry!
Regarding the above, we would like to inform you that:
A1. No, this clause is not legally enforceable within the UAE legal system. According to Article 25 of the UAE Constitution; every person has the right to resort to the judiciary to protect their rights and interests. This clause goes against this fundamental right and cannot be enforced.
A2. If the landlord is using this clause as a pressure tactic to force you to sign the contract, it may be considered an act of coercion and can be challenged in court. It is important to document all communication and evidence of this pressure tactic.
A3. Yes, you may have grounds to sue the landlord for using this pressure tactic and for violating your rights as a tenant. It is recommended to seek legal advice and gather all evidence before taking any legal action.
Kindly do not hesitate to contact us via email for further guidance.
Greetings,
Dear Questioner,
UAE law, specifically the Rental Law, grants tenants certain rights
These include the right to automatic renewal of the tenancy agreement at the end of the term under the same conditions (unless the landlord has a legal reason for eviction) and the right to seek legal recourse if their rights are violated.
Also, it's important to note that a well-drafted contract can have some influence. While the clause itself might not hold up, the landlord might argue that you willingly agreed to a non-renewal at the time of signing.
We will discuss the possibilities in detail. Kindly share your WhatsApp number to proceed.
Dear Client,
Q1: Such a clause may not be enforceable under UAE law as it contradicts tenants' rights to access judicial recourse.
Q2: Using such a clause as a pressure tactic could be considered improper conduct.
Q3: Contact us to assess the specifics of your case and to take legal action against the landlord.
For assistance, please contact us.
Dear Questioner,
1. No one can force you to accept this kind of clause. Also, you can renew the contract by yourself without the landlord.
2. You can stay in the unit and pay the rent as agreed. If the landlord sent you a 3-month increase notice, you should check the RERA index whether the proposed range is acceptable legally.
3. If you are still staying in the unit, you don’t have to claim. Just wait until the landlord does and we can assist you in defending your legal position.
If you need more clarification, please don’t hesitate to contact us through WhatsApp.
It’s a pleasure for us to serve you.
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