Tenancy contract renewal / notice - HELP, please | ExpatWoman.com
 

Tenancy contract renewal / notice - HELP, please

182
Posts
EW NEWBIE
Latest post on 27 May 2012 - 11:39

Hi Ladies

I looked through the previous threads but cannot find the answer to my questions.

As our tenancy will be expiring soon I have read the contract and have couple of questions.

In our contract the period of tenancy is stated 1 year (dates specified).

The conditions on the contract says the folowing (blue page):
'Renewal of the tenancy is at the discretion of the landlord. If the Tenant does not renew the tenancy on the expiry date he will have to pay rent as demanded' and,
'the contract is valid up to the end of specified period after which date it is considered null and void'

In the Additional Conditions it states the following:
'In the event the tenant wishes to vacate the property he should notify the landlord 90days prior to the end of the lease. The lease will automatically renew for another 12 months should the tenant pay the rent for the prevailing 12months not later that 14days prior to the end of the tenancy'

My questions is - is our contract a renewable one???

Do we need to contact our LL and tell him we intend to stay (it is now a bit less than 3 months left till the contract expires)? Or do we just wait till the end and pay the rent 14 days prior to the expiry?

My DH is away and I need to know if we nee to give our notice now.

Thanks in advance!

2958
Posts
EW EXPERT
Latest post on 08 October 2012 - 23:54
We had 2 landlords giving us a notice of eviction so they could move in. the first time (we had only been there for 1 year) we went to the rent committee - they were fantastic and assured us that we would be allowed to stay for at least 2 if not 3 years. We were advised to file a case which we did and won in 2 minutes! Our Landlord was told in no uncertain terms that we had a renewable lease and that he could not evict us. He was told we were to be allowed to stay in the property for up to 3 years - no rent increase 2nd year and 5% (which was the rent cap at the time) for the 3rd year renewal. We signed a non renewable contract with our landlord agreeing to move out after we had been in the property for 3 years. He was furious that he was not allowed to move into his property but the rent committee told him he should not have placed the property on the rental market if he felt he wanted to move in after 1 year. We did move out and our Landlord DID NOT move in but placed the property back on the rental market - so he was playing a fast one but by then we wanted to move anyway. The second time we were sent a letter by our next landlord telling us that he was not going to renew as he was going to sell the property. Again we went to the rent committee who helped us - we were told he was perfectly free to sell his property but with tenants. he could not evict us after just 1 year. So he was advised to renew for the 2nd year with no rent increase but to renew with a non renewable contract - in effect giving us 12 months notice to move out. So - if your contract does not clearly state non-renewable it is a renewable contract and you have every right to stay for another 12 months from the end of your lease. If it's your first years renewal then it would be very very unusual if you were paying under the market rent but check the rental index - I'm sure that you will be within the rental band and will not be due a rent increase. You just have to refer your Landlord to the Rera rental index and refer to advice you have been give by the rent committee - they usually do know the laws but just try it on because often the tenants are not aware of the support they can get from the rent committee. Good luck - keep calm and know your rights.
1
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EW NEWBIE
Latest post on 08 October 2012 - 22:53
Hello Div I've just read your thread and in exactly same boat. Please tell me your outcome? Thank you
182
Posts
EW NEWBIE
Latest post on 28 May 2012 - 12:37
Thanks so much!:)
1618
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EW EXPERT
Latest post on 28 May 2012 - 11:37
No problem, just to let you know no matter the reason even the landlord moving in themselves they have to give 12 months notice for tenant to vacate.
60
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EW NEWBIE
Latest post on 28 May 2012 - 11:22
Thanks Emlsnere & Starsouthern! We're in same situ as Div, landlord claims he wants to move in less than 2 months before lease expiry. Any info as to the legality of that would be greatly appreciated, many thanks ladies!
182
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EW NEWBIE
Latest post on 28 May 2012 - 09:04
Thanks all. From all the threads I remember that the landlord has to give us 12 months notice if he wants us out, however, is it the same if he wants to move in himself and lets say can prove he would be living here? It is our first year in this apartment but the landlords have changed. Despite our old landlord telling us that the purchase was purely for investment as far as he knew, we now think the new guy may want to move in. Do you think we can stay here for another year?
1618
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EW EXPERT
Latest post on 27 May 2012 - 14:34
I've just been to RERA this morning. Landlord can only put rent up within rental calculator limits and must give you 90 days notice to do so. The renewal discretion clause means that if the landlord wants you out they have to give you 12 months notice either at the end/beginning of contract, they don't have to state a reason if they give you 12months notice. The 90 days is only applicable for you if you do not want to renew. If you want to renew let landlord know but it is assumed that you will stay as have not given notice to leave.
1692
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EW EXPERT
Latest post on 27 May 2012 - 13:53
Hi I don't knkw where it states it online, but when we needed RERA they told us that if the LL wanted to make any changes to contract we had to be guven 90 days notice.
60
Posts
EW NEWBIE
Latest post on 27 May 2012 - 13:18
Thanks Emlsnre! Ladies, I'm unable to find where it says that the landlord has to give 60 or 90 days notice to the tenant if he wants to change the contract clauses. This piece of info would be crucial in our discussions with the landlord, appreciate if someone could indicate, if possible, where it is specifically mentioned in official links. For info, our contract does not say anything like that. Thanks!
1692
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EW EXPERT
Latest post on 27 May 2012 - 13:04
Sure glad to be reading all the reassurance about automatic contract renewal - I'm in a similar boat at the mo and landlord wants to up rent and claims he wants to move in as a second alternative - it's less than 90 days before our lease expiry. Does anyone have the link to the RERA website pls? http://rpdubai.ae/English/Tanzeem/Rentals/for_tenants.aspx
60
Posts
EW NEWBIE
Latest post on 27 May 2012 - 12:55
Sure glad to be reading all the reassurance about automatic contract renewal - I'm in a similar boat at the mo and landlord wants to up rent and claims he wants to move in as a second alternative - it's less than 90 days before our lease expiry. Does anyone have the link to the RERA website pls?
35
Posts
EW NEWBIE
Latest post on 27 May 2012 - 12:42
It's the strange thing about Dubai tenancy contract. It says renewal is at the landlords discretion, but there are only very specific reasons (see the laws) whereby he can refuse to renew. So providing it does not say NON RENEWABLE anywhere on the contract, then you'll be fine.
1692
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EW EXPERT
Latest post on 27 May 2012 - 12:42
Unless it specifically has the wording Non Renewable it will automatically renew.
182
Posts
EW NEWBIE
Latest post on 27 May 2012 - 12:38
I just wasn't sure whether we have a renewable or non-renewable contract as the conditions doesn't state clearly and the only thing I remember from the agency that we need to give 90days notice if WE want to move out wich we obviously do not want to. It is our first year of renting in this place, too.
35
Posts
EW NEWBIE
Latest post on 27 May 2012 - 12:31
Providing the rental contract specifically doesn't say it is non renewable, then you can renew it. Refer to the RERA rent increase calculator to see if there can be a rent increase. Plus the landlord has to give you 60 or 90 days notice to change the terms of the contract. If he want to evict you, he has to give 12 months notice. You can see the laws on the RERA website and also the BetterHomes website. Just let him know you are renewing.
60
Posts
EW NEWBIE
Latest post on 27 May 2012 - 12:16
Hi Div The way I read the clauses in your contract, the contract is renewable subject to your landlord's agreement to renew the lease. Sake of good relations, if you plan to renew the contract, I would let the landlord know as soon as you can. Do bear in mind though that rents seem to be going up again generally and the landlord can decide to increase the rent - but can only do so up to a point for an existing tenant. You could also wait till a couple of weeks prior to lease expiry, but if the landlord decides to up the price then, you may be in for a bad surprise without much time left to negotiate/ look for another place. Do note that I may be wrong - I'm not an expert, just sharing my views.
 
 

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