Legal View

K.K. Sarachandra Bose is a Partner/ Corporate, Commercial and Contract Lawyer at Dar Al Adalah Advocates and Legal Consultants. Readers may e-mail their questions to: ktedit@emirates.net.ae or send them to (Legal View), Khaleej Times, Dubai P.O Box 11243.

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Published: Tue 11 Aug 2009, 12:05 AM

Last updated: Thu 2 Apr 2015, 9:20 AM

Landlord Cannot Hold Back Deposit if Prior Notice is Given

Q: We have rented a commercial building in Sharjah. Three years ago we signed the tenancy contract with the landlord mainly on two conditions. One was that the landlord will not increase the rent for the tenancy period. Secondly, tenancy contract shall be automatically renewed by mutual consent of the parties for the same period. During this period the landlord did not increase the rent.

Now, due to the global financial crunch I am unable to run the business. Therefore, last month I issued a letter to the landlord stating my inability to renew the contract and requesting him to return the deposit amount upon the expiry of the contract, as I have no intention to extend the term. But my landlord informed me that I have to renew the contract with an increase of five per cent in the current rent. He said he has no plan to return the deposit amount due to his financial problems.

Does the landlord have the right to force me to continue the contract despite the fact that there is a clause in the contract which specifically says the contract shall be automatically renewed by mutual consent of the parties? Does the landlord have the right to retain my deposit amount if I don’t want to continue the contract?

A: Any contract is an agreement between the parties who signed it. The conditions specified in the contract shall be binding to both the parties. Your tenancy contract clearly states that the renewal of the contract shall be by the mutual consent of the parties. You have already issued your intention in writing to the landlord stating that you do not wish to renew the contract. Therefore, the contract ceased to exist upon the completion of its period. In case the landlord is not ready to return your deposit amount, you may approach the rent committee for redressal.

Q: For the last five years I have been working in an offshore company in Dubai. I would like to bring my parents here and look after them since I am the only son. I also plan to bring my father-in-law. What are the requirements to sponsor them?Please advise.

A: You can apply for one-year visa to sponsor your parents or in-laws provided your salary is not less than Dh6,000 with accommodation allowance or a total salary of Dh7,000 or above and comply with Dubai Department of Naturalization and Residency’sother conditions.

According to regulations, Dh5,000 has to be deposited with the department. You have to sponsor your father and mother together, with proof that you are their sole supporter and there is no one to take care of them back home. If one of the parents of the applicant has passed away or divorced, then necessary supporting documents to the effect must be submitted tothe department.

You may also have to provide convincing documents that there is a humanitarian issue that requires you to sponsor your parents and that you are their lone supporter. An affidavit duly authenticated by the notary public and then by the home department of your home state and then authenticated by the embassy or consulate of your country is to be submitted along with your visa application. You also need to obtain their medical insurance policy which shall be renewed every year. For more details, you may contact the departments concerned.

Compiled by Ahmed Shaaban



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