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Tenant says notice rental notice period to leave not due because didn't agree on renewal price

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ChilliChai81609

102

Posts

EW NEWBIE

Latest post on 18 November 2014 - 17:05

For the benefit of anyone else in this situation: I have now spoken to RERA and rent committee and they have both advised with certainty that 90 days notice must be provided by the tenant if they wish to end the contract, whatever the reason, and that an additional two months rent is payalble in this instance. If the tenant doesn't agree with the rent increase then they can take the case to the rent committee, or give 90 days notice to vacate.

ChilliChai81609

102

Posts

EW NEWBIE

Latest post on 18 November 2014 - 16:21

I am sure you will be able to find a new tenant at a higher rent than the current tenants pay. Rather than being difficult I suggest you refund the deposit and move on. Ejari frequently get the information on their contracts wrong, I did one last week and he put that the deposit is AED75,000 not 7,500 - do you think the landlord will refund that amount?? It isn't worth falling out over! edited by Cornish Pixie on 13/11/2014 I don't want to find a new tenant...I had wanted to sell quite a few months ago, but couldn't because I had to provide 12 months notarised eviction stating reason etc etc... But now i do not have sufficient notice to market the property and find a buyer without leaving the mortgage not covered by rent for a significant amount of time. And I don't accept the request for an additional 5% rent was incorrect - it has been registered with Ejari in the past as a 4-bed. I play by the rules as a landlord...and I expect the tenant to do the same. My question is, whether or not the company agreed with the increase, what penalty is due if they don't give sufficient notice to terminate the contract. I know, through the tenants, that they are only cancelling the contract with 4 weeks to go because they have sacked the employee, so any excuse re rent increase is disingenuous.

2043

Posts

EW EXPERT

Latest post on 15 November 2014 - 16:06

Also still people looking for properties to rent, even in December just put a fair price to it OR and this is just a suggestion, see if you can find a short term tenant and ask them if they'd mind showing potential buyers round.

2043

Posts

EW EXPERT

Latest post on 15 November 2014 - 16:03

You seem to want to have your cake and to eat it. You admit that the RERA rent calculator increase is wrong, and they won't accept it and then in the next breath you want to sell but you'd like your tenants to be the ones showing potential buyers round.........mmmmmmmm I know what I think!!

ChilliChai81609

102

Posts

EW NEWBIE

Latest post on 15 November 2014 - 15:54

I really don't think it's being difficult to want more than three weeks notice. Being objective, I don't think the advice to a tenant saying given three weeks notice would be to get over it and move on. I had wanted to sell and start viewings three or four months before the expiry of the contract so the mortgage would be covered by rent, but couldn't because I was required to give 12 months notice, which was to expire next June. I don't want a tenant for another twelve months, but now there is not sufficient time sell the property, or really to find new tenants, and Christmas is a very quiet time.

2043

Posts

EW EXPERT

Latest post on 13 November 2014 - 13:21

The contract states "three months notice in writing should be given to the Landlord if the Tenant wishes to vacate the property on expiry of the lease". Only one month's notice is being given, which is likely insufficient to find a new tenant. The deposit is only 5%, so less than one month's rent, and may be absorbed by damage anyway. Some floor plans show the apartment as having 2 beds plus a maids room, others show it as a 3-bed. The 'study' is also large enough to be a bedroom and has a balcony, which is why there was a difference in opinion. The 2 bed apartments in the same block do not have a maid's room. My interpretation of the law would be that if they did not agree with the rent increase then they could raise that query with the rent committee, or have their contract renewed through RERA, and that is a separate issue from the notice period. In this case, the employee has confirmed they no longer will be employed and that is the reason the contract will not be renewed, not because there was any dispute over rent increase, which amounted to 5%. I am sure you will be able to find a new tenant at a higher rent than the current tenants pay. Rather than being difficult I suggest you refund the deposit and move on. Ejari frequently get the information on their contracts wrong, I did one last week and he put that the deposit is AED75,000 not 7,500 - do you think the landlord will refund that amount?? It isn't worth falling out over! <em>edited by Cornish Pixie on 13/11/2014</em>

ChilliChai81609

102

Posts

EW NEWBIE

Latest post on 13 November 2014 - 13:01

The contract states "three months notice in writing should be given to the Landlord if the Tenant wishes to vacate the property on expiry of the lease". Only one month's notice is being given, which is likely insufficient to find a new tenant. The deposit is only 5%, so less than one month's rent, and may be absorbed by damage anyway. Some floor plans show the apartment as having 2 beds plus a maids room, others show it as a 3-bed. The 'study' is also large enough to be a bedroom and has a balcony, which is why there was a difference in opinion. The 2 bed apartments in the same block do not have a maid's room. My interpretation of the law would be that if they did not agree with the rent increase then they could raise that query with the rent committee, or have their contract renewed through RERA, and that is a separate issue from the notice period. In this case, the employee has confirmed they no longer will be employed and that is the reason the contract will not be renewed, not because there was any dispute over rent increase, which amounted to 5%.

59

Posts

EW NEWBIE

Latest post on 13 November 2014 - 09:12

What notice period is stated in the contract for the tenant not to renew? It is usually either one month (which they have given you) or two months (which would already be covered by you keeping the security deposit). If no period is stated in the contract, I believe the legally recognised standard is 2 months (but you would need to confirm this with RC as I'm not 100%). I assume a new contract was never signed, in which case it will certainly not be worth your while pursuing this any further as you've not actually lost out on anything. And BTW, a 2-bed plus maid is classed as a 2-bed. I appreciate that this is a major limitation of the rental calculator but that still doesn't mean it should be classed as a 3-bed.

2264

Posts

EW EXPERT

Latest post on 13 November 2014 - 09:09

I think the 90 day period is to give notice of intended changes - wrangling over them can go right up to the contract end date - mine certainly have in the past. It's a 2 bed, not a 3 bed. They've told you they're not renewing. So I'd say that's that. No know what the problem is, as now you can find a new tenant and the rent you want.

IzzyOnTheSeat82823

5334

Posts

EW MASTER

Latest post on 13 November 2014 - 08:51

Because all tenancy contracts automatically renew IF no notice of intention to quit is received, so in theory, as no notice to quit has been received in the required time frame then the contract will renew - therefore they are breaking the contract. If tenants want to have laws such as 90 day notice upheld they have to play ball and also hold up to their legal requrements.

993

Posts

EW GURU

Latest post on 13 November 2014 - 08:18

Why should any further compensation be required? A 2 bedroom with a maid and study is not a 3 bedroom

IzzyOnTheSeat82823

5334

Posts

EW MASTER

Latest post on 13 November 2014 - 03:04

Actually - will depend on contract. If it states you need to give two months notice and the 90 day period was kept to and its within the rental contract, the contract may automatically renew.

2287

Posts

EW EXPERT

Latest post on 12 November 2014 - 22:53

I think the company is right. They didn't agree to renewal, so the contract terminates December 19th. And as far as I see it, unless the apartment is destroyed, you have no grounds to keep the deposit either.

8965

Posts

EW MASTER

Latest post on 12 November 2014 - 16:12

Hoping someone has experience of this... an apartment is rented to a company on the behalf of their employees, with the renewal date due December 10th. The landlord gave the company notice of rent increase as per rent calculator 90 days in advance. The company didn't agree with the increase because they say it is a 2 bedroom, not 3 bedroom apartment, as indicated on the Ejari document THE COMPANY registered. It is a 2 bed room plus maid and study. So a couple of emails went back and forth discussing whether increase was due and Ejari doc being incorrect etc. In any case, the company is now terminating the contract of the employee and have realised no longer needs the apartment from December 10th. They say no further notice is required as rent increase was not agreed and therefore they will not pay anything after December 10th. Other than keeping the deposit, should what further compensation should be due, and how does one go about getting the compensation? Many thanks I would head on down to the Rent Committee for clarification on this

ChilliChai81609

102

Posts

EW NEWBIE

Latest post on 12 November 2014 - 16:08

Hoping someone has experience of this... an apartment is rented to a company on the behalf of their employees, with the renewal date due December 10th. The landlord gave the company notice of rent increase as per rent calculator 90 days in advance. The company didn't agree with the increase because they say it is a 2 bedroom, not 3 bedroom apartment, as indicated on the Ejari document THE COMPANY registered. It is a 2 bed room plus maid and study. So a couple of emails went back and forth discussing whether increase was due and Ejari doc being incorrect etc. In any case, the company is now terminating the contract of the employee and have realised no longer needs the apartment from December 10th. They say no further notice is required as rent increase was not agreed and therefore they will not pay anything after December 10th. Other than keeping the deposit, should what further compensation should be due, and how does one go about getting the compensation? Many thanks

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