Rental Question | ExpatWoman.com
 

Rental Question

333
Posts
EW EXPLORER
Latest post on 13 March 2011 - 15:29

I have been in my rental property for 2 years now. The landlord has agreed (reluctantly) that we can stay for a 3rd year however, his agent, is saying that in the 4th year (2012) basically after the 3rd year that it will not be renewable. I haven't disputed this yet with him until I get my facts straight. I was under the impression (through RERA Law) that a tenant could only be "kicked" out if, the landlord wants to sell, live in the villa himself, do renovations or if a tenant were bad payers. How can he say a year in advance that it is non-renewable?
We are also asking him to register the property with EJARI which his agent has said you need to have 10 properties before you have to do this! but its ok, I do have evidence that you don't need to have 10 properties - just one!
Hope you can throw some light my way please. Thank you.

73
Posts
EW NEWBIE
Latest post on 13 March 2011 - 17:32
Hey, I used to work for a Real Estate company and we had a 6 page comprehensive rental contract and they had it stated this was written for us by one of the law firms and was proof read and seen By RERA etc. check your rental contracts etc as it may well be stated in their unless you only have the municipality lease.
333
Posts
EW EXPLORER
Latest post on 13 March 2011 - 17:25
The landlord does have the right to give you notice to leave in your 3rd year as is the case that they can also increase the rent by 5% in your 3rd year Hiya, just out of interest tho, did you read this somewhere? Obviously I need proof. I totally get the fact it's their property but I know that you as a tenant have the right to stay a second year with no rent increase and I know that if you secure a third year, they can increase the rent by 5% but in our case we checked the rental table and the landlord cannot put the rent up (which he has agreed to) but this is such a "grey" area in terms of what right a landlord has to kick someone out! If that was the case, tenants would be moving every two years with landlords kicking them out just to try and get more money.
73
Posts
EW NEWBIE
Latest post on 13 March 2011 - 16:47
The landlord does have the right to give you notice to leave in your 3rd year as is the case that they can also increase the rent by 5% in your 3rd year
333
Posts
EW EXPLORER
Latest post on 13 March 2011 - 16:43
Thank you for your input sam7 - when I finally find out from RERA, I'll post it on here! Cheers
577
Posts
EW GURU
Latest post on 13 March 2011 - 16:01
I am currently checking this with RERA but although you say he can give 90 days notice, again it comes back to the same question - why? i thought they HAD to give one of these reasons I mentioned because this is just the whole problem with landlords trying to kick someone out so that they can get more money for it? Again, not 100% sure, but I believe they only HAD to give one of those reasons if they wanted to kick you out BEFORE your tenancy was up. Otherwise, it's their right to not renew a tenancy at the end of it's term (as long as they give you the correct notice, etc, etc). It stands to reason, really; I mean, it IS their house and they've got to have some rights ...
333
Posts
EW EXPLORER
Latest post on 13 March 2011 - 15:54
I am currently checking this with RERA but although you say he can give 90 days notice, again it comes back to the same question - why? i thought they HAD to give one of these reasons I mentioned because this is just the whole problem with landlords trying to kick someone out so that they can get more money for it?
577
Posts
EW GURU
Latest post on 13 March 2011 - 15:39
I'm not 100% sure, but my understanding is that you are correct in that a landlord can only "kick you out" in the ways you've mentioned BEFORE your rental tenancy period has ended. However, it is a landlords right (as long as he gives you a certain amount of notice - ours is 90 days) not to renew your tenancy once it has finished, i.e. if you sign an agreement for a 12 month period and the landlord doesn't wish to renew your tenancy, he must give you notice at the 9 month mark that you'll have to leave at the 12 month point. Hope that makes sense?
2725
Posts
EW EXPERT
Latest post on 13 March 2011 - 15:35
Im not sure of all the rules but I dont think your LL has to renew your contract. I could be wrong here. Maybe its time for you to move to a new place where a new LL will welcome your money. Plenty of places to rent, so you have lots of choice I would think.
 
 

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