What to do if the landlord sent me a rent increase notice to an unregistered mail?

Dear Questioner,

Thank you for your inquiry.

I understand your concerns regarding the recent rent dispute and the landlord’s actions, and I’d like to provide you with some clarity on your situation.

1. Evaluation of Your Case:

Based on the information you've shared, you seem to have a valid case regarding both the rent increase and the landlord’s failure to provide proper notice. Here are the key points:

RERA Rental Index: The RERA Rental Index for December 2024 indicated no rent increase for your lease expiring in January 2025, which supports your position that there should not have been a rent increase.

Landlord's Notice: The landlord claims to have sent a rental notice over 90 days prior, but the notice was sent to an unregistered email address.

Since the tenancy contract specifies the use of an official email address for such communications, the notice may not be valid.

RDC's Recommendation: Since the RDC rejected the case due to the landlord’s non-response, and advised you to wait for the landlord to file a case, you should be prepared for potential future proceedings.

2. Steps to Protect Yourself and Avoid Non-Payment Claims:

Rent Payment: Although RDC has advised you to wait, you are concerned about possible legal consequences for non-payment of rent.

To avoid any accusations of non-payment, I strongly recommend depositing your rent through official channels:

Court or Escrow Account: You can deposit the rent through the Dubai Courts Rent Deposit Service or another RERA-approved escrow mechanism.

This will ensure that you have documented evidence of your payment, which will protect you from any claims of non-payment by the landlord.

Where to Deposit Rent: You can check with RERA or the Dubai Land Department for the latest procedures regarding rent deposits.

This will ensure that your payment is properly recorded, and you can use this as evidence if the landlord attempts legal action in the future.

3. Do You Have a Strong Case?:

Yes, you do have a compelling case for the following reasons:

The invalid rental notice due to the use of an incorrect email address weakens the landlord’s position.

The RERA Rental Index for December 2024 shows that no rent increase was due.

If the landlord files a case, you will be in a strong position to argue that the rent increase was invalid, and that you have made every effort to pay rent according to the original terms of your tenancy agreement.

4. Legal Repercussions:

Should the landlord file a case for non-payment, your proof of attempted payment will serve as a defense. You will also be able to argue that the rent increase was invalid due to the improper notice.

Please feel free to contact me if you require further assistance or have any questions about the next steps. I recommend taking prompt action to ensure your rent payment is handled in a way that protects you legally.

Best regards,

Mohammed Salah

Legal Consultant

Hello,

The landlord's notice was sent to an unregistered email address, which is not in compliance with the contract.

This could help you contest the rent increase and any subsequent legal actions by the landlord. You should continue to pay your rent to avoid the risk of the landlord taking legal action for non-payment.

You have a strong case based on the issues with the RERA Rental Index and the incorrect email address for the landlord’s notice.

Continue paying your rent in accordance with the tenancy agreement, ideally through bank transfer or cheque, and keep detailed records of all payments.

If the landlord files a lawsuit, you will have evidence of your attempts to pay and proof of any disputes regarding the rent increase.

For a detailed discussion, kindly share your Whatsapp number.

Hello,

According to Dubai's rental laws, including Law No. (26) of 2007 and its amendments by Law No. (33) of 2008. Based on your query, I will address your concerns as follows:

First, your reliance on the December 2024 RERA Rental Index to support your position regarding the rent amount appears sound, The index is a key determinant for calculating rent adjustments.

If the landlord's claim of a 5% rent increase is based on the updated index that was not available at the time of your filing, your argument regarding compliance with the prevailing index at the time of the offer is valid.

Second, as per Article (13) of Law No. (33) of 2008, any rental increase must be communicated to the tenant at least 90 days before the contract's renewal date unless otherwise agreed in the tenancy contract.

If the landlord's rental notice was sent to an unregistered email address that does not correspond with the address stipulated in the tenancy agreement, it could be argued that the notice was improperly served, rendering it invalid.

Regarding your concern about non-payment, Article (25)(2) of Law No. (33) of 2008 outlines conditions under which a landlord can seek eviction, including non-payment of rent after being given a 30-day notice to settle.

To avoid potential legal repercussions, it is prudent to ensure that the rent amount is paid or deposited.

The best course of action to protect yourself would be to deposit the rent amount with the Rental Dispute Center (RDC).

This demonstrates good faith and protects you from claims of non-payment. The RDC typically allows tenants to deposit rent if the landlord refuses to accept it, as long as the tenant complies with the due process.

While the advice to wait for the landlord to file a case is technically valid, preemptively depositing the cheques or rent amount can provide a stronger position for you in any future disputes.

If you would like further assistance in drafting the required applications or navigating the process with RDC, please do not hesitate to contact me by phone or email.

Thank you for reaching out regarding your tenancy issue. Based on the details you have shared, here’s my analysis and guidance:

Offer & Deposit Case Rejection: It appears that the RDC has rejected your case, possibly due to procedural grounds.

However, the fact that the landlord sent a rental notice to an unregistered email address could work in your favor, as it may not meet the contractual requirements outlined in your tenancy agreement.

This is something that could potentially be challenged if the landlord attempts to file a case against you.

RERA Rental Index vs. Landlord’s Claim: The RERA Rental Index for December 2024 indicating no rent increase is also crucial.

If the landlord claims a 5% increase based on the updated RERA Calculator, you may want to confirm if this updated calculator is applicable to your lease renewal.

You may have a valid argument that the landlord's actions are inconsistent with the RERA Rental Index, which could be important in your defense.

Non-Payment of Rent & Legal Repercussions: It is understandable that you are concerned about potential legal consequences for non-payment of rent.

In such cases, it is important to ensure that you have fulfilled your obligations to the best of your ability.

If there is a dispute regarding the rent increase, I recommend that you continue to deposit the rent into a neutral, reliable account, such as the Dubai Land Department (DLD) or the Rent Dispute Center (RDC), if possible, to protect yourself against any future claims of non-payment.

Regarding your specific questions:

Do you have a compelling case?

Based on the information you’ve shared, there may be a compelling case, particularly if the landlord’s notice was sent to an incorrect email address, violating the terms of your tenancy agreement.

The fact that there is a discrepancy in the RERA Rental Index also strengthens your position.

How & where to deposit the cheques?

I recommend that you deposit the rent cheques through the proper channels, such as at the DLD or RDC.

This will serve as a record that you are making payments in good faith, which can be critical in case of any future legal action.

To move forward, I would be happy to assist you in ensuring that your rights are protected and help you with the next steps.

Please feel free to contact me through WhatsApp, phone, or via email to discuss your case further.

Best regards,

Suhail Rana

As long as you have shown good faith by paying or depositing the rent in court, the landlord will not have a claim for late payment damages.

The court will consider the validity of the notice of increase, and if it is found to be illegal, you will only be liable for the previous rent.

You have a compelling case, especially for failure to properly serve the notice.

You can deposit the rent in court to ensure that you do not face any legal liability.