Q: What are the tenant's termination rights of a commercial lease in RAK if the rent is being paid based on production and no advance rent paid? The contract does not provide the right to terminate for the tenant. Thank you.

Q: Dear Sir/Madam, I have been a tenant of an industrial unit since 2017. In 2022, the landlord's real estate forced extra rent on me, and without much thought, I agreed to it. In 2023, they asked for another increase just one day before the tenancy expired. At that time, I filed with RDC and the tenancy was renewed. Later, the real estate sent me an email for non-renewal for the year 2024, but since it was not an official legal notice, I filed again with RDC and deposited the cheques. Now, the real estate wants to renew with a 10% increase in rent. I received the email 6 days prior to expiry, and I informed them about the law requiring a 90-day notice as per RERA. Yes, it is a challenge for me to fight for my rights, but I am not interested in giving the real estate an undue advantage in the case of renewal. RERA should look into the facilities and amenities that the property has before granting them rights to increase the rent as per the Index. Kindly guide me!

Q: Dear Madam/Sir, We live in Dubai. My landlord is trying to increase my rent outside the RERA index, based on a DLD valuation, which he still hasn't received (for 2 months). 1. 90 days before the renewal of my lease, the landlord offered me a new lease with a 20% increase in my current rent, with these words: "Please be advised of a rent increase of 20% based on rental evaluation report which is under process and in line with RERA rules and regulation." 2. I contested this offer by communicating the result of the RERA rent index, indicating that the maximum percentage increase is 5%. 3. The landlord insisted, saying that the 20% increase would indeed be effective and that he would communicate the rental evaluation to us shortly. 4. Now, we still don't have the evaluation report, 2 months after his e-mail requesting a 20% rent increase. Can the landlord legally increase our rent without even waiting for the evaluation report and without respecting the RERA rules? Thank you!

Q: Dear Lawyers, I have a tenancy contract in Ras Al Khaimah, expiring on January 1, 2025. This is my first year of tenancy with this particular landlord, and I intend to renew for a second year. The landlord contacted me, requesting confirmation on whether I plan to renew the tenancy or vacate, and they quoted a new rent 12% higher than the rent in the first year. The renewal terms and rates are not explicitly mentioned in the tenancy contract or the addendum. I understand that it is illegal to increase rent by more than 10%, but surprisingly, RAK RERA could not comment on this and failed to confirm which laws and regulations I could refer to. I am familiar with the renewal and rental dispute process via Dubai RERA, which is straightforward, but I am unaware of the process in Ras Al Khaimah. Could you advise on the correct and fair renewal process? Thanks!

An interview-format article covering the topic of defaulting on commercial lease in the UAE and related procedures. This is from the legal podcast of lawyer Ludmila Yamalova, the founder of Lawgical with LYLAW. In this article, Ludmila discusses what one should do if the tenant becomes unresponsive.

In the UAE, the relationship between landlords and tenants in terms of their responsibilities is primarily governed by Federal Law No. 5/1985. This law covers commercial properties without addressing the part related to maintenance and duties. However, it is common for commercial tenants to assume responsibility for repairs and upkeep.

An interview-format article covering the topic of residential retail properties pertaining to the liability for property maintenance and the repercussions of defaulting on rent payments in the UAE. This is from the legal podcast of lawyer Ludmila Yamalova, the founder of Lawgical with LYLAW.