Landlord's notice | ExpatWoman.com
 

Landlord's notice

101
Posts
EW NEWBIE
Latest post on 14 February 2016 - 13:42

I signed up my tenancy contract last summer with a clause that it is valid for three months only, as an emergency while continuing to look for a better/cheaper place to live in. It worked perfectly well for both parties, as the landlord was away for the summer and was planning to come back after three months period, so he even kept his food in the kitchen cabinets.

The Rera certificate although says that the contract is valid for 12 months. So in theory it's a normal one year contract with four checks.

Anyway, my landlord changed his mind after one month, packed up his stuff he had kept in the apartment and let me stay till the end of the contract (that is, June), and I paid him on time every three months. Everybody happy. The next pay is in March, and I just got a text message from him demanding me to leave by then (two weeks notice via a text message). That happened a few days after I took a chance and asked whether it was possible to have a cheaper rent. Shouldn't he send me a written notice a bit more in advance? What are the rules here? There is also a clause in the contract that either of us should give a written notice 1 month in advance if any of us wants to change anything, although verbally we agreed on three months notice, that is, right after a check.

p.s. I added more detail to the background story, for those who think I have it both ways.

101
Posts
EW NEWBIE
Latest post on 15 February 2016 - 16:49
innon, there's no need to "spit the dummy" and leave! :) You have to agree that you didn't give us the full story from the start. The way you wrote your post made it sound as though you only had a three month contract to begin with so posters responded based on this. You should have explained the situation in full. You signed a three month contract with the landlord which was being extended until now. Was it extended officially (i.e. did you sign a new three month contract every time or was it just word of mouth, with nothing in writing)? Do you have anything in writing from the landlord about making this a long term lease? You seem to have an Ejari certificate which can only be issued for 12 months because anything shorter falls under the short term lease category, which is under the Department of Tourism (DTCM). Unless your landlord is licensed by DTCM, he can only rent out his property on an annual basis. So you now find yourself in legal limbo because you have entered into a three month agreement with a landlord who may not be licensed to lease his property short term, and he has now asked you to leave after accepting rent payments from you for 9 months. This seems complex to me from a number of perspectives (legal, regulatory, moral) so I would advise you to either consult the Rent Committee or a lawyer to find out where you stand. Good luck! Rawla, aren't you the sweetest! Thanks for your support. I was quite upset when writing my first post, as I was in the middle of baking a cake and boom- no more cake, get out! I think I have already figured out what to do, I won't be the person that feels entitled to the rented property and will stay in for 12 months out of spite (I read in some other posts that was the case). I have already started looking for a new place, and I will leave the last check and the 90 days notice with the Rera.
405
Posts
EW EXPLORER
Latest post on 15 February 2016 - 16:39
innon, there's no need to "spit the dummy" and leave! :) You have to agree that you didn't give us the full story from the start. The way you wrote your post made it sound as though you only had a three month contract to begin with so posters responded based on this. You should have explained the situation in full. You signed a three month contract with the landlord which was being extended until now. Was it extended officially (i.e. did you sign a new three month contract every time or was it just word of mouth, with nothing in writing)? Do you have anything in writing from the landlord about making this a long term lease? You seem to have an Ejari certificate which can only be issued for 12 months because anything shorter falls under the short term lease category, which is under the Department of Tourism (DTCM). Unless your landlord is licensed by DTCM, he can only rent out his property on an annual basis. So you now find yourself in legal limbo because you have entered into a three month agreement with a landlord who may not be licensed to lease his property short term, and he has now asked you to leave after accepting rent payments from you for 9 months. This seems complex to me from a number of perspectives (legal, regulatory, moral) so I would advise you to either consult the Rent Committee or a lawyer to find out where you stand. Good luck!
8965
Posts
EW MASTER
Latest post on 15 February 2016 - 16:39
You signed up for a flexible 3-month contractso you could move out at short notice once you'd found a cheaper place. Now he's (presumably) found a new tenant willing to play more, you suddenly want the legal protection of a 12-month contract. Sorry, but regardless of what legal loopholes you might be able to exploit, i think you have a moral obligation to leave the apartment at the end of this 3-month period. You can't have it both ways. I added more detail to the first post. Initial three months period ended in September, btw. Would be perfectly ok with him giving me a three months notice right after I gave him my last check. Not with two weeks notice after we agreed I should stay till June. Ok, I am outta here, arguing and explaining is strangely addictive. I imagine he may of been a little ticked off as you asked for a discount. Perhaps ask if he can be a little more flexible to give you time to find somewhere else. Is it worth hanging in there for 12 months or cutting your losses and finding somewhere else to live
101
Posts
EW NEWBIE
Latest post on 15 February 2016 - 16:18
You signed up for a flexible 3-month contractso you could move out at short notice once you'd found a cheaper place. Now he's (presumably) found a new tenant willing to play more, you suddenly want the legal protection of a 12-month contract. Sorry, but regardless of what legal loopholes you might be able to exploit, i think you have a moral obligation to leave the apartment at the end of this 3-month period. You can't have it both ways. I added more detail to the first post. Initial three months period ended in September, btw. Would be perfectly ok with him giving me a three months notice right after I gave him my last check. Not with two weeks notice after we agreed I should stay till June. Ok, I am outta here, arguing and explaining is strangely addictive.
59
Posts
EW NEWBIE
Latest post on 15 February 2016 - 15:28
You signed up for a flexible 3-month contractso you could move out at short notice once you'd found a cheaper place. Now he's (presumably) found a new tenant willing to play more, you suddenly want the legal protection of a 12-month contract. Sorry, but regardless of what legal loopholes you might be able to exploit, i think you have a moral obligation to leave the apartment at the end of this 3-month period. You can't have it both ways.
101
Posts
EW NEWBIE
Latest post on 15 February 2016 - 13:52
sorry but you can't have it both ways - you do something dodgy to look after your interests and then shout RERA when he sticks to it. And if you haven't realised this is a Muslim country so Christmas and St Valentine's day don't really count.... :) Oh, he is a non-muslim Westerner. Nothing dodgy, don't judge before knowing the whole story. Also all I saw last week in the supermarkets were hearts and roses, so I don't really know how it suddenly doesn't count. Feels good to complain about him, now I just need to get a lazy maid, so I can be a proper EW.
5334
Posts
EW MASTER
Latest post on 15 February 2016 - 13:46
sorry but you can't have it both ways - you do something dodgy to look after your interests and then shout RERA when he sticks to it. And if you haven't realised this is a Muslim country so Christmas and St Valentine's day don't really count.... :)
101
Posts
EW NEWBIE
Latest post on 15 February 2016 - 13:42
Thanks, indeed the dubailand told me he was supposed to give me a 12 months notice and that clause doesn't matter. So not moving out in three weeks time! Also what a ... telling me to move out on a Valentine's Day. Then he has to go to the Land department and file a 12 months eviction notice with one of the four reasons to evict. The courier will tape the eviction notice to your door Please excuse my ignorance but what has Valentines day got to do with it? Its just another day to most people :biggrin: Ruined my romantic mood! All the holidays are just another days for him, he came to check whether the apartment is in good condition on Christmas, for example!
8965
Posts
EW MASTER
Latest post on 15 February 2016 - 12:19
Thanks, indeed the dubailand told me he was supposed to give me a 12 months notice and that clause doesn't matter. So not moving out in three weeks time! Also what a ... telling me to move out on a Valentine's Day. Then he has to go to the Land department and file a 12 months eviction notice with one of the four reasons to evict. The courier will tape the eviction notice to your door Please excuse my ignorance but what has Valentines day got to do with it? Its just another day to most people :biggrin:
101
Posts
EW NEWBIE
Latest post on 15 February 2016 - 11:56
Thanks, indeed the dubailand told me he was supposed to give me a 12 months notice and that clause doesn't matter. So not moving out in three weeks time! Also what a ... telling me to move out on a Valentine's Day.
8965
Posts
EW MASTER
Latest post on 14 February 2016 - 14:06
I signed up my tenancy contract in summer with a clause that it is valid for three months only, as an emergency while continuing to look for a cheaper place to live. The Rera certificate although says that the contract is valid for 12 months. So in theory it's a normal one year contract with four checks. Anyway, my landlord let me stay in the current apartment, and I paid him every three months. The next pay is in March, and I just got a text message from him demanding me to leave by then. Shouldn't he send me a written notice a bit more in advance? What are the rules here? Did you get a second contract after your first three months was up? or did you just carry on With a normal contract they have to issue you with a 12 month eviction notice ( This has to be notarized) with one of the four reasons to evict written on it I would speak with the Rent Committee in Deira as they will give you the correct and legal advice which you can pass onto your LL
 
 

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