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Dubai, UAE

What are my legal options if the rental company demands increased rent or moving out?

Dear Lawyers,

The rental company didn’t notify me within 90 days about the 15% increase. Now, they are stating that I must either pay the increase or move out of the property.

The agreement is due to end on 01/10/2024. What options do I have under Dubai law to negotiate this situation?

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KHE Legal Consultancy
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16 Sep 2024, 09:53

Dear Questioner,

The landlord must give a written notice to the tenant at least 90 days before the end of the tenancy contract if they plan to increase the rent or make any changes to the terms of the lease.

Since your contract ends on 01/10/2024, the landlord was required to notify you by 01/07/2024 (90 days prior) if they intended to increase the rent.

If they failed to notify you within this timeframe, you have the legal right to reject the rent increase and continue the tenancy under the same terms as the previous year.

If the landlord insists on the increase or pressures you to move, you can file a formal complaint with the Rent Dispute Settlement Center (RDSC) at the Dubai Land Department (DLD).

16 Sep 2024, 09:54

For further clarification, kindly share your WhatsApp number.

16 Sep 2024, 10:02
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16 Sep 2024, 10:13

One of the team members will contact you shortly.

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Jassim Ali Al Haddad Lawyers and Legal Consultants
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16 Sep 2024, 10:19

Dear Questioner,

The tenant must be notified at least 30 days before the end of the contract of the desire to increase the rent. If this does not happen, the contract will be renewed without an increase.

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

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Ibrahim Al Banna Advocates & Legal Consultants
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16 Sep 2024, 10:38

Dear Questioner,

Thank you for reaching out with your question regarding the rental increase and the notice period.

Under Dubai law, any rent increase must be communicated at least 90 days before the contract renewal date.

Since the rental company has not provided you with the required notice, you are not obligated to accept the rent increase. You have a few options available:

- Negotiate with the landlord:

You can negotiate to maintain the current rent or agree to a more reasonable increase.

- File a complaint:

If the landlord insists on the 15% increase without following proper procedures, you may file a complaint with the Dubai Land Department’s Rental Dispute Settlement Centre (RDC).

To provide you with more specific advice tailored to your situation, I’d recommend discussing further. You can reach me directly on WhatsApp or phone at [--------]. Let’s ensure you are protected under the law.

Best regards,

Suhail Rana

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Alawi Aljaberi Advocates & Legal Consultants
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16 Sep 2024, 10:53

Dear Questioner,

According to UAE law, a landlord must provide a tenant with a written notice at least 90 days before the end of the tenancy contract if they intend to increase the rent.

If the landlord fails to provide this notice, the tenant has the right to reject the increase and continue paying the current rent amount.

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Hend Humaid Alnuaimi Advocates & Legal Consultants
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16 Sep 2024, 11:02

Dear Questioner,

Since you were not notified about the rent increase within 90 days as required by law, you have several options for negotiation including direct communication with your landlord, referencing RERA guidelines for permissible increases, filing a formal complaint if necessary, or seeking legal counsel.

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Saeed Aldahmani Advocates & Legal Consultants
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16 Sep 2024, 11:34

Dear Inquirer,

1. Rent Increase:

According to Dubai rental law, landlords are allowed to increase rent by up to 20% if the lease term has ended and the contract is renewed.

However, the landlord must notify the tenant of the rent increase at least 90 days before the lease expires.

2. Notification Requirement:

If you were not notified of the rent increase at least 90 days before the lease expiration, the landlord is not legally entitled to enforce the increase.

You can refuse the increase and request the landlord to comply with the law.

3. Available Options:

- Reject the Increase:

You can negotiate with the landlord to reject the increase or reach a different agreement regarding the rent increase.

- Negotiate:

Attempt to negotiate a lower increase or a lease extension under the current terms.

- Move Out:

If no other options are viable and you choose to move, you must provide notice as specified in your lease agreement (usually 30 days). It is best to have a lawyer present to prevent any risks that may occur

If you need further clarification, you can contact us.

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Al Fahad Legal Consulting
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16 Sep 2024, 12:59

Dear Questioner,

Thanks for your enquiry!

According to UAE law, a landlord is required to give a tenant a minimum of 90 days' notice before increasing the rent.

If the landlord fails to give this notice, the tenant has the right to negotiate the increase or terminate the tenancy agreement without penalty.

In your situation, it seems that the rental company did not give you the required 90 days' notice before increasing the rent. In this case, you have the following options:

1. Negotiate with the rental company:

You can try to negotiate with the rental company and explain that they did not give you the required notice before increasing the rent.

You can also provide evidence, such as emails or letters, to support your claim. You can negotiate for a lower increase or for the rent to remain the same.

2. File a complaint with the Rent Committee:

If the rental company refuses to negotiate or does not respond to your request, you can file a complaint with the Rent Committee.

The Rent Committee is a government body that handles disputes between landlords and tenants. They will review your case and make a decision based on UAE laws and regulations.

3. Terminate the tenancy agreement:

If you do not wish to negotiate or file a complaint, you have the right to terminate the tenancy agreement without penalty.

You can give the rental company a written notice stating that you are terminating the agreement due to their failure to give the required notice before increasing the rent.

Kindly do not hesitate to reach out to us at [-------] for further assistance in your specific situation.

Greetings,

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Khalid Alsarookh Advocates and Legal Consultants
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18 Sep 2024, 11:42

Dear questioner,

In accordance with Dubai’s rental laws, particularly Decree No. 43 of 2013 and the regulations set by the Real Estate Regulatory Agency (RERA), you have certain rights when it comes to rent increases and notification timelines.

Here's how Dubai’s rental laws apply to your situation:

1. 90-Day Notice Requirement:

According to Article 14 of Law No. 26 of 2007 (as amended), the landlord or the rental company must notify you of any intended rent increase at least 90 days prior to the expiration of your rental agreement.

In your case, the due date for your rental agreement is October 1, 2024. This means they should have notified you of the increase no later than July 3, 2024.

Since you were not notified within this period, the landlord is not entitled to enforce the rent increase for the renewal period.

2. Rental Increase Limits:

If the landlord had provided proper notice, the rent increase must still comply with the rent increase limits set by RERA.

According to the RERA rent calculator, the maximum allowable increase depends on how much your current rent deviates from the market rate in the area.

Even if they notified you within the 90 days, a 15% increase might not be legal unless your rent is significantly lower than the current market rate.

3. Negotiation Options:

- Reject the Increase:

Since they did not provide the required 90-day notice, you can refuse to pay the increase. Inform the landlord that any rent increase is invalid for this renewal term due to non-compliance with the notification requirement.

- Continue Paying the Current Rent:

You can notify the rental company that you are willing to renew the lease under the current rent without any increase.

- File a Complaint with the Rental Dispute Center (RDC):

If the landlord insists on enforcing the rent increase or attempts to evict you, you can file a complaint with the Rental Dispute Center (RDC).

The RDC typically upholds tenant rights when landlords fail to follow legal procedures.

- Eviction Notice:

If the landlord is asking you to move out, be aware that eviction must also follow a legal process. They cannot simply ask you to leave unless they provide valid reasons under Dubai’s rental laws, such as:

  • Personal use of the property by the landlord or his immediate family.
  • Sale of the property.
  • Major renovations requiring the property to be vacated.

Even in these cases, the landlord must provide 12 months’ notice via a notary public or registered mail.

4. Next Steps:

Send a formal written notice to the landlord or rental company stating that the rent increase is invalid due to the lack of a 90-day notice and that you will continue under the existing rent.

If the landlord insists, be prepared to file a case with the Rental Dispute Center (RDC) to protect your rights.

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