Questions & Answers
The tenant refuses to give rental cheques to the agent or pay the renewal fee as per the contract. What to do?
The tenant refuses to give rental cheques to the agent or pay the renewal fee specified in the contract. He is forcing the landlord to directly renew the agreement without any agent in between, and the landlord is uncomfortable dealing with him directly.
The tenant submitted a renewal contract in RDC with an offer and deposit case with modified terms and conditions, and removed the addendum, which is an integral part of the existing contract.
Parallelly, he submitted an Ejari request to the landlord for approval. The landlord rejected his offer and deposit request at the RDC portal due to non-compliance with the existing contract.
Accordingly, his Ejari request was also rejected. Since then, the tenant has not approached the landlord for renewal. The landlord is willing to renew the contract without any change in the existing contract and addendum.
How can the landlord secure the renewal cheques and conclude the contract?
Can he ask the tenant to vacate the apartment?
Please advise
Based on the details provided, the tenant’s actions are non-compliant with the existing contractual obligations, and you have legal options to protect your rights as a landlord.
Legal Position & Available Options
Tenant’s Non-Compliance & Renewal Offer in RDC
The tenant has unilaterally modified the renewal terms and removed the addendum, which is an integral part of the existing contract.
You have rightfully rejected his offer and deposit request in the Rental Dispute Center (RDC) portal due to non-compliance.
Since the Ejari request was also rejected, the renewal remains incomplete, and the tenant is currently in breach.
How to Secure the Renewal Cheques & Conclude the Contract
The landlord can formally notify the tenant through a legal notice demanding adherence to the existing contract, including the agreed-upon addendum.
The tenant must submit the renewal cheques and pay the renewal fee as per the current contract.
If the tenant refuses, the landlord may escalate the matter to RDC for enforcement of contractual obligations or eviction.
Can the Landlord Ask the Tenant to Vacate?
Yes, under Dubai Rental Law (Law No. 26 of 2007 as amended by Law No. 33 of 2008), the landlord can request eviction if the tenant refuses to renew under the agreed terms.
To evict the tenant legally, a 12-month notarized and registered eviction notice must be served through a notary public or registered mail, citing the grounds for eviction under Article 25 of Dubai Rental Law (e.g., refusal to adhere to renewal terms).
If the tenant fails to comply, a formal case can be filed with RDC for eviction enforcement.
Recommended Next Steps
Step 1: Issue a formal legal notice to the tenant demanding compliance with the agreed renewal terms, including submission of rental cheques.
Step 2: If the tenant refuses, file a case with RDC to enforce renewal under existing terms or request eviction.
Step 3: If eviction is the preferred route, serve a 12-month legal eviction notice and proceed with RDC filing if the tenant does not vacate.
We can assist in drafting the legal notice, handling the RDC proceedings, and ensuring a legally enforceable resolution.
Please let us know how you would like to proceed.
Best regards,
Omar Mosaad
Senior Legal Consultant
OS Legal
Dear Sir/Madam,
Thank you for bringing this complex tenancy matter to our attention. Based on the information provided, I would like to offer the following professional advice regarding the landlord's options:
1. Formal Written Communication
The landlord should issue a formal written notice to the tenant, clearly stating:
a) The willingness to renew the contract under existing terms, including the addendum
b) That any modifications to the contract terms are not acceptable
c) A deadline for the tenant to comply with the renewal process
2. Mediation through RERA
Should the tenant remain uncooperative, the landlord may approach the Real Estate Regulatory Agency (RERA) for mediation. RERA can facilitate discussions between both parties to reach an amicable solution.
3. Legal Action via Rental Dispute Settlement Center (RDSC)
If mediation proves unsuccessful, the landlord may file a case with the RDSC. The center can issue a binding decision on the matter, including the renewal of the contract under existing terms or potential eviction.
4. Eviction Proceedings
As a last resort, the landlord may initiate eviction proceedings, adhering strictly to Dubai's tenancy laws:
- Provide a 12-month notice period
- Serve the notice through a Notary Public or registered mail
- Ensure valid grounds for eviction as per Article 25(2) of the Dubai Tenancy Law
5. Automatic Renewal Consideration
It's crucial to note that under Dubai's Tenancy Law, leases are automatically renewed on the same terms unless proper notice is given. The landlord cannot arbitrarily ask the tenant to vacate without valid legal grounds.
6. Rent Increase Procedure
If a rent increase is desired, the landlord must provide at least 90 days' notice before the contract expiry date, in accordance with RERA's rent calculator.
7. Documentation
The landlord should meticulously document all communications and attempts to resolve the issue amicably, as this will serve as crucial evidence if legal action becomes necessary.
Given the complexity of this situation, we strongly recommend that the landlord consult with a legal professional specializing in Dubai tenancy laws.
This will ensure all actions taken are in full compliance with current regulations and protect the landlord's interests.
Should you require any further clarification or assistance, please do not hesitate to contact us.
Yours sincerely,
ABDUL WAHIED
The tenant's refusal to provide rental cheques to the agent is a breach of the agreed-upon process, especially if the agency is authorized to collect them.
The tenant cannot unilaterally change the terms and conditions of the existing contract.
Contract amendments require mutual consent from both parties (landlord and tenant). The landlord should strongly consider sending a 30-day compulsory notification to the tenant to evict them from the property due to non-payment of rent.
We will let you know the procedures in detail. Kindly share your WhatsApp number to discuss further.
Dear G.,
Thank you for your inquiry. Based on the situation you described, here are your options:
Tenant Refusing to Provide Cheques/Pay Fees:
The tenant’s refusal to provide the required cheques or pay the renewal fee is a breach of contract. The landlord can demand compliance with the original terms.
Modified Terms from the Tenant:
The tenant cannot unilaterally alter the contract terms. The landlord has the right to reject these changes and proceed with the renewal under the original agreement.
Landlord's Position on Renewal:
The landlord can renew the lease under the original terms and request payment of the renewal fee and cheques. If the tenant refuses, the landlord may issue a formal notice or reminder, with potential legal action for eviction.
Next Steps:
The landlord should formally request the tenant to provide the necessary cheques and pay the renewal fee as per the existing contract.
If the tenant does not comply, legal action can be taken via the Rent Disputes Center (RDC) to either enforce the contract or request eviction.
Please let me know if you need assistance with any legal documents or further steps.
Best regards,
Mohammed Salah
Legal Consultant
Hello,
The landlord is entitled to ask for the rental cheques as per the signed lease agreement.
If the tenant has failed to provide the cheques as agreed, the landlord should send a formal reminder (either via email or a letter) requesting the tenant to submit the cheques.
If the tenant continues to refuse to provide the cheques, the landlord may need to approach the Real Estate Regulatory Agency (RERA) or file a complaint with the Dubai Rental Dispute Center (RDC).
Since the tenant has submitted an altered contract and a request for Ejari without the landlord’s consent, the landlord should reject this formally and inform the tenant that such changes are not acceptable.
The landlord should reaffirm that they are happy to renew the lease under the current terms without any modifications.
If the tenant insists on changing the terms or insists on renewal without paying the renewal fee, the landlord may resort to legal measures to enforce the original terms.
For further assistance, kindly share your WhatsApp number.
Greetings,
In this situation, the landlord has the right to insist on renewing the contract under the existing terms, including the addendum.
Since the tenant attempted to modify the terms unilaterally and the Ejari request was rejected, the landlord is in a strong legal position.
Options Available:
Securing Renewal Cheques: The landlord can formally notify the tenant to provide the rental cheques and comply with the existing contract. If the tenant fails to do so, legal action can be taken.
Eviction Process: If the tenant refuses to renew under the existing terms, the landlord may have grounds to file for eviction through RDC (Rental Dispute Center), following the legal notice period.
To proceed effectively and protect your rights, we recommend consulting a legal expert. Book a consultation with Future Vision for Advocacy and Legal Consultancy or authorize us to handle the case on your behalf.
Best regards.
In the presented scenario, the landlord is faced with a tenant's refusal to comply with the rental agreement and attempts to unilaterally modify its terms.
The landlord's options include adhering to the legal framework governing lease agreements, communicating clearly about tenant obligations, documenting interactions, seeking legal counsel, considering mediation, and preparing for eviction if necessary, all while ensuring compliance with existing contractual obligations to safeguard their interests.
