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starsouthern
Posts 1690
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03/06/2012 21:37:31
Mandarine wrote:
thanks starsouthern. I will try to call RERA tomorrow...I am not sure if our agent registered our contract as he told us. But I will try to get info!
My contract isn't registered and they were still very helpful. Good luck
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Mandarine
Posts 47
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03/06/2012 21:32:30
thanks starsouthern. I will try to call RERA tomorrow...I am not sure if our agent registered our contract as he told us. But I will try to get info!
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starsouthern
Posts 1690
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03/06/2012 20:57:13
Mandarine wrote:
I was searching on web and found this on a real estate website: A landlord may sell his/her property during the period of a lease agreement. However, the tenant has the right to occupy the property for the period of their lease agreement and the new owner is obliged to honor the lease agreement until the end of the expiry. A renewal of the lease agreement will be at the discretion of the new owner, however, should he/she not wish to use the property for their own residential use, and then the tenant will have the right to ask for the renewal.
seems no chance for us....we have to move out
That's not RERA law even if the new owner wants to move in they have to give 12 months notice. Give RERA a call, they are helpful. I've been down there 3 times and was told the same thing 3 times.
edited by starsouthern on 03/06/2012
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Mandarine
Posts 47
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03/06/2012 20:54:32
I was searching on web and found this on a real estate website: A landlord may sell his/her property during the period of a lease agreement. However, the tenant has the right to occupy the property for the period of their lease agreement and the new owner is obliged to honor the lease agreement until the end of the expiry. A renewal of the lease agreement will be at the discretion of the new owner, however, should he/she not wish to use the property for their own residential use, and then the tenant will have the right to ask for the renewal.
seems no chance for us....we have to move out
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starsouthern
Posts 1690
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03/06/2012 20:46:25
Mandarine wrote:
we received call from agent that LL sold our house. Our lease ends in september 2012. Now agent wants us to sign lease contract with new owner details. But he said new owner will not renew from September as they want to move in themself.
Will contract now end in september ?
Or is there another notice they have to give us?
I have no reply from RERA right now. Just thought one of you have experience and can help? I am sick of moving every year....
RERA have told me it doesn't matter what the reason is all tenants need to be given 12 months notice to vacate. This can be given by registered mail or email either at the end of current contract or at the beginning of new contract.
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starsouthern
Posts 1690
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03/06/2012 20:44:00
Baloo wrote:
I hope this won't happen .... if the landlord refused to renew the contract ... but thought I'd ask - have posted on a different thread too:
We have just been visited by a potential buyer of the villa we are living in for the past (nearly) 2 years. Our rent is up end of June and have no intention of moving out. We will then be considering to renew the contract for the 3rd year.
what rights do we have now if the Villa gets sold and the new landlord himself wants to move in? We have put in writing our intention to extend our contract with the current landlord (thru agency) - what could happen if (God forbid) they refuse to extend the contract for another year or two??
Please help - really don't want to start stressing out but we are tired of moving houses and have finally find a place we really like......
RERA told me they have to give you 12months notice from either the end of current contract or beginning of new one. If they refuse to give you a new contract then you take your current contract and cheques to the rent committee and lodge it with them.
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Mandarine
Posts 47
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03/06/2012 20:28:09
we received call from agent that LL sold our house. Our lease ends in september 2012. Now agent wants us to sign lease contract with new owner details. But he said new owner will not renew from September as they want to move in themself.
Will contract now end in september ?
Or is there another notice they have to give us?
I have no reply from RERA right now. Just thought one of you have experience and can help? I am sick of moving every year....
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Baloo
Posts 51
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19/05/2012 18:00:11
I hope this won't happen .... if the landlord refused to renew the contract ... but thought I'd ask - have posted on a different thread too:
We have just been visited by a potential buyer of the villa we are living in for the past (nearly) 2 years. Our rent is up end of June and have no intention of moving out. We will then be considering to renew the contract for the 3rd year.
what rights do we have now if the Villa gets sold and the new landlord himself wants to move in? We have put in writing our intention to extend our contract with the current landlord (thru agency) - what could happen if (God forbid) they refuse to extend the contract for another year or two??
Please help - really don't want to start stressing out but we are tired of moving houses and have finally find a place we really like......
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m_king
Posts 1173
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30/04/2011 16:14:14
Claire, do you know if there is anywhere online where one can read the rights etc? Or is such logic too much to ask for?
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desert_wolf
Posts 23
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30/04/2011 14:03:29
thanks to everyone for the responses, im a bit relieved that we also fall under "12 month notice" rule. I will inform the new owner of our intention to stay + rera rule of 12 months notice. Hopefully we can work something out.
Claire & Jewelsmiddle, this is our first year in the villa. thanks ladies.
edited by desert_wolf on 30/04/2011
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m_king
Posts 1173
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30/04/2011 13:57:28
Clairehdp wrote:
I think June/July is always better than August. Most people who leave Dubai leave when the schools finish so a whole load of villas become available. those moving to Dubai usually come in august for September school starts and that's when it's busy for villas. I think you would have more choice in June/July
Thanks again Claire. Will have to have a good think about this. Ugh. SO don't want to move but wondering if we shouldn't just jump in and do it.
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busybee2
Posts 10387
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30/04/2011 09:05:14
jewelsmiddle wrote: It depends on how long you have been living in your villa . busybee2 wrote: desert_wolf wrote:
Im in a slightly different situation and would like to know if anyone has faced a similar dilemma. Our landlord is selling the property and the new owners have told us that they want to move in. Our rent is valid till September and the new landlord wants to move in once our contract is over. We are very happy in our current villa and prefer not to move. Does anyone know if the 12 month notice applies in our situation too? yes they have to give you 12 months notice to leave at the end of your contract date. if a property is sold with tenants then the new owners have to abide by the contract etc.
i know that in abu is different to dubai, and that in dxb you should get no increase second year and be allowed to live in the house for at least 3 years, in abu there is an increase every year (so no free year on first renewal) and you should be allowed to stay for 3 years, but any landlord should give you notice of 12 months at the end of your contract if he wants to live in, but of course the majority of ll's did this as a way of getting tenants out. a landlord can sell the property with sitting tenants, the problem arises when the landlord truely bought the property to live in but cant because the tenants will not move.
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jewelsmiddle
Posts 872
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30/04/2011 08:58:21
It depends on how long you have been living in your villa .
busybee2 wrote: desert_wolf wrote:
Im in a slightly different situation and would like to know if anyone has faced a similar dilemma. Our landlord is selling the property and the new owners have told us that they want to move in. Our rent is valid till September and the new landlord wants to move in once our contract is over. We are very happy in our current villa and prefer not to move. Does anyone know if the 12 month notice applies in our situation too? yes they have to give you 12 months notice to leave at the end of your contract date. if a property is sold with tenants then the new owners have to abide by the contract etc.
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busybee2
Posts 10387
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30/04/2011 08:39:23
desert_wolf wrote:
Im in a slightly different situation and would like to know if anyone has faced a similar dilemma. Our landlord is selling the property and the new owners have told us that they want to move in. Our rent is valid till September and the new landlord wants to move in once our contract is over. We are very happy in our current villa and prefer not to move. Does anyone know if the 12 month notice applies in our situation too?
yes they have to give you 12 months notice to leave at the end of your contract date. if a property is sold with tenants then the new owners have to abide by the contract etc.
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Clairehdp
Posts 15145
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30/04/2011 08:05:16
I think June/July is always better than August. Most people who leave Dubai leave when the schools finish so a whole load of villas become available. those moving to Dubai usually come in august for September school starts and that's when it's busy for villas. I think you would have more choice in June/July
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Clairehdp
Posts 15145
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30/04/2011 08:03:32
desert_wolf wrote:
Im in a slightly different situation and would like to know if anyone has faced a similar dilemma. Our landlord is selling the property and the new owners have told us that they want to move in. Our rent is valid till September and the new landlord wants to move in once our contract is over. We are very happy in our current villa and prefer not to move. Does anyone know if the 12 month notice applies in our situation too?
How long have you been in this property? Is this your first year renewal???? A similar thing happened to us last year we had only been in the villa for a year and our LL served us notice as he wanted to sell the property. The rent committee told us that he had to give us 12 months notice - he was free to sell the property but with us as tenants. So we got to stay for a further year. He now has a buyer but we have had our 12 months notice period so we will be moving out at the end of our tenancy contract. If you have only been in the property for a year then you should be allowed to stay and the new owners will have to give you 12 months notice to leave.......it's a hard one - because you want to stay but the new owners want to move in - to be honest often the buyers don't actually want to move in they re-rent - if they really wanted to move in it might have been better for them to have bought an empty place......you might find that they offer you some compensation to leave.....
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emlsnre
Posts 2153
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30/04/2011 07:42:16
desert_wolf wrote:
Im in a slightly different situation and would like to know if anyone has faced a similar dilemma. Our landlord is selling the property and the new owners have told us that they want to move in. Our rent is valid till September and the new landlord wants to move in once our contract is over. We are very happy in our current villa and prefer not to move. Does anyone know if the 12 month notice applies in our situation too?
http://www.rpdubai.ae/rpdubai/rentals/for_landlords.do?lang=0 may have some helpful info... but I am sure Claire will be much more informed and will let you know.
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desert_wolf
Posts 23
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30/04/2011 00:21:27
Im in a slightly different situation and would like to know if anyone has faced a similar dilemma. Our landlord is selling the property and the new owners have told us that they want to move in. Our rent is valid till September and the new landlord wants to move in once our contract is over. We are very happy in our current villa and prefer not to move. Does anyone know if the 12 month notice applies in our situation too?
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m_king
Posts 1173
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29/04/2011 12:53:37
Clairehdp wrote: m_king wrote:
Thank you Claire. Really appreciate that. It does not say anything about non-renewable. I am SO relieved.
And I am quite certain that this is the classic wanting us out so he can hike the rent and nothing to do with his daughter.
However, much as I cringe at the thought, still may go through the ordeal of moving just to get away from the slime-ball but at least, under these circumstances, we can insist on a couple of extra months so the timing isn't quite so bad for us.
Will have to talk it over with DH. But again, thank you. Thank you to everyone who gave me advice.
Good luck with your situation emlsnre. I would say if you like the place you have every right to stay same deal as before. Be warned you could get an even slimier landlord than the one you have now.
No, I really don't think they come any slimier than this. In fairness, he hasn't actually caused us too much hassle over the past year and I am well aware that some cause huge amounts of trouble and headache. But he is slime nonetheless and every time we have to speak to them it turns my stomach all over again and I spend the rest of the day regretting the day we moved in here.
All of that said, it really would suit my family better to stay put for now.
But we have to make a decision ... either do that - stay put - one more year. Or, insist on an extra couple of months so we can move when we come back from the summer hols.
Does anyone know if it is easier to find a place in June or August?
I'm guessing AUgust is better.
hmmm... perhaps I should start a new thread with this question.
Anyway, thank you Claire. I really do appreciate your taking the time to share your experience and give advice.
Best of luck emlsnre.
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Clairehdp
Posts 15145
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29/04/2011 10:18:39
emlsnre wrote:
OK, lets just hope now that he is in agreement that there can be no rent increase. Last email he sent he said that they had to insist on the 20% as per RERA. But hopefully he now understands how that bit works.... wait and see I guess.
Yeah not worth worrying about your case is water tight......he'll come to realise that soon enough and if he doesn't he'll end up in the rent committee court room and will have to pay from your annual rent cheque!
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emlsnre
Posts 2153
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29/04/2011 10:14:40
OK, lets just hope now that he is in agreement that there can be no rent increase. Last email he sent he said that they had to insist on the 20% as per RERA. But hopefully he now understands how that bit works.... wait and see I guess.
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Clairehdp
Posts 15145
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29/04/2011 10:03:56
emlsnre wrote:
Learning as I go here, so we have the number of cheques under control, getting there with the increase, but he has said that the next contract will state Non-Renewable. I am assuming that he can do that, but does he have to state Non-Renewable and a reason or can he just leave it at Non-Renewable? Don't want to get caught signing something that we don't have to.... thanx
Right - so sounds to me like someone has had a word in his ear and told him exactly what the law is....... By putting non-renewable in your new contract he is effectively giving you a years notice. so....you get one more year at the same rent and the same number of cheques and he gets his villa back in a years time. Fair to all - he probably isn't going to move in but at least you get to stay for one more year. In another year there will be tons and tons of villas on the market for you to choose from. He doesn't have to put a reason - if I were him I would put a reason (especially if he wants to move in and does move in). You are openly signing a non-renewable lease now so you know you can stay for just one year but.........as HAK says - come notice time - if the market has dropped further and he realises that getting new tenants might not be easy he may well come to you and offer for you to renew again.......Up to you then if you renew or move. Just make sure that you sick to the 90 days notice period.
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Hello.Again.Kitty
Posts 2043
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29/04/2011 09:47:17
emlsnre wrote:
Learning as I go here, so we have the number of cheques under control, getting there with the increase, but he has said that the next contract will state Non-Renewable. I am assuming that he can do that, but does he have to state Non-Renewable and a reason or can he just leave it at Non-Renewable? Don't want to get caught signing something that we don't have to.... thanx
we asked to have "Non Renewable" in our second-to-last contract as a carrot to get the LL to agree to a far lower rent. Needless to say, when the contract was up, rents had dropped further, so it worked well for both of us and we drew up a new contract, this time using fewer cheques as a carrot to get a low rent.
You LL is obviously accepting to keep the rent without the increase, but trying to hedge his bets and won't be tied in to more than 1 year with what he considers to be the low rent.
So, it doesn't really matter, but, as I said earlier, treat the property as it is - rented. Don't go investing loads and loads of your own cash into it unless you're happy to walk away from that sum. If it's not up to standard, either walk away or get the LL to do something.
edited by Hello.Again.Kitty on 29/04/2011
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emlsnre
Posts 2153
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29/04/2011 09:31:35
Learning as I go here, so we have the number of cheques under control, getting there with the increase, but he has said that the next contract will state Non-Renewable. I am assuming that he can do that, but does he have to state Non-Renewable and a reason or can he just leave it at Non-Renewable? Don't want to get caught signing something that we don't have to.... thanx
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Clairehdp
Posts 15145
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29/04/2011 06:50:07
m_king wrote:
Thank you Claire. Really appreciate that. It does not say anything about non-renewable. I am SO relieved.
And I am quite certain that this is the classic wanting us out so he can hike the rent and nothing to do with his daughter.
However, much as I cringe at the thought, still may go through the ordeal of moving just to get away from the slime-ball but at least, under these circumstances, we can insist on a couple of extra months so the timing isn't quite so bad for us.
Will have to talk it over with DH. But again, thank you. Thank you to everyone who gave me advice.
Good luck with your situation emlsnre.
I would say if you like the place you have every right to stay same deal as before. Be warned you could get an even slimier landlord than the one you have now.
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busybee2
Posts 10387
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28/04/2011 23:36:04
m_king wrote:
Thank you Claire. Really appreciate that. It does not say anything about non-renewable. I am SO relieved.
And I am quite certain that this is the classic wanting us out so he can hike the rent and nothing to do with his daughter.
However, much as I cringe at the thought, still may go through the ordeal of moving just to get away from the slime-ball but at least, under these circumstances, we can insist on a couple of extra months so the timing isn't quite so bad for us.
Will have to talk it over with DH. But again, thank you. Thank you to everyone who gave me advice.
Good luck with your situation emlsnre.
we had this problem where we rented new house, on first year a "cousin" yeh not, came around gave us all this blah blah funny though they didnt know the rules, and i did gave them the law so we negotiated to stay another year, they put on non renewalable which was fine as we counter acted with must prove they are moving in etc etc, at the time in abu dhabi it would have cost us a lot more to move and the hassle factor so we decided it was best to stay, anyways on the next years renewal they came back "ready to negoitate again", we knew this was coming, knew they didnt want to live in it etc, and said nope we are moving as they obviously "need" the house back etc, by this time we knew the market would be different, more houses on offer and now the rents had come down, and so they would now have to rent to someone else at a much lower rent lol
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m_king
Posts 1173
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28/04/2011 22:45:12
Thank you Claire. Really appreciate that. It does not say anything about non-renewable. I am SO relieved.
And I am quite certain that this is the classic wanting us out so he can hike the rent and nothing to do with his daughter.
However, much as I cringe at the thought, still may go through the ordeal of moving just to get away from the slime-ball but at least, under these circumstances, we can insist on a couple of extra months so the timing isn't quite so bad for us.
Will have to talk it over with DH. But again, thank you. Thank you to everyone who gave me advice.
Good luck with your situation emlsnre.
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busybee2
Posts 10387
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28/04/2011 22:28:32
emlsnre wrote:
Busybee, the RC told us that unless our contract specifically had the wording Non Renewable then we were entitled by law to 12 months notice. So as already said, for your own reassurance get them to look at your contract and tell you. We are still battling.... he has now realised he can't change the qty of cheques, but is insisting that he is entitled to 20% increase. RERA have said there is a max 20% but that depends on different variables none of which he fits so no increase. How difficult is that to understand honestly? We would have to be paying 56% less than the average rental price for our place in order for him to charge 20%.
yes thats right he has to give 12 months notice if they are moving in, they cannot change the terms ie number of cheques etc, but obviously the increase is a different matter, but then you have got some where with the first two things, only one more to go.
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busybee2
Posts 10387
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28/04/2011 22:27:08
Chocs01 wrote:
No it doesn't trump it. Many LL's were using that as an excuse to kick tenants out then re-rent for more money! Hence why RERA has now brought in rules, that they have to prove their family is moving in and if they don't have have to pay the previous tenant compensation. Rights for tenants have come a long way in recent years.
if they kick you out and dont move in, i know the law for abu dhabi is that they have 3 months to move in otherwise you can be compenstated but obviously thats a lot of hassle, and how do you know if they have moved in not that easy to prove, unless of course its a completely different "family" etc.
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busybee2
Posts 10387
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28/04/2011 22:22:34
Hello.Again.Kitty wrote: busybee2 wrote: m_king wrote:
emlsnre... ladies..., I hope you don't mind me jumping in but but this thread has been enormously helpful as we are in the same boat. Lease up in June and we've only been here almost a year and landlord rang us Easter day to tell us he wants the house back as his daughter will live in it because she's tired of driving from Sharjah every day!
And like emlsnre, we've created a garden. I say 'created' because it was a real disaster. And a dead one too! And we've painted and done all sorts.
Anyway. My point is... how do you know if your lease agreement is renewable or not. Ours doesn't say either way. It does say at the top, in the 'term' field: "One year only". But it also says that if we want to stay (or go) we have to give written notice within 2 months before the end of the lease and that if the LL wants us out, he has to do the same... written notice with 2 months of end of lease.
DH did go to the rent committee this morning and they told him everything that's been said here about 12 months notice etc... but the guy didn't actually look at the agreement and DH didn't insist and I'm worried that he said all he said assuming it was a renewable lease when it might not be.
Sorry for the long post. This whole thing has me so wound up, I'm incapable of being succinct!!!
Thanks so much, you've all helped so much already. if it says one year only then it sounds like a non renewable lease you must go to the rent committee and ask them again, perhaps a different person, dont say its non renewable let them tell you what is what. Well, doesn't the LL wanting his house "for his family" trump that? I'm also afraid to say that this is a harsh warning - do not invest in a rented place, either by doing the landscaping or by repainting/ doing internal work... it's just not worth it and it's money down the sink at the end of your contract (which may come sooner rather than later). There are plenty of other properties out there.
yes some do need to live in them, but they have to prove its immediate family, and quite often its just a scam to get someone out and rent it again at different terms etc.
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