90-day notice must to end rent contract in UAE

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90-day notice must to end rent contract in UAE

Dubai - Know your rental rights in UAE.

By Ashish Mehta

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Published: Mon 23 Jul 2018, 1:47 PM

Last updated: Wed 25 Jul 2018, 9:55 AM

My tenancy contract will end soon. Currently, I am paying a rent of Dh72,000 per year. However, in the same building, flats are let out by the owner at Dh65,000 per year. Considering the market and rents sought by the owner of the building, I had asked my property manager for a review of the rent and he quoted Dh70,000 on May 7, 2018. Based on his reply, I emailed him that I would be vacating the house at the end of the contract on July 31, 2018. Now the agent is saying that I should have given him a notice period of 90 days. I met him recently and he is asking me to pay Dh9,000 to close the matter. Please advise.
Pursuant to your queries, we assume that the rented flat is based in the emirate of Dubai. Both owner and tenant may serve notice of 90 days to other party if one of the parties does not intend to renew the tenancy contract.
This is in accordance with article 14 of law No. 33 of 2008 amending law No. 26 of 2007 regulating the relationship between the landlords and tenants in Dubai (the 'Amended Rental law'). It states: "Unless otherwise agreed by the parties, if either party to the tenancy contract wishes to amend any of its terms in accordance with article (13) of this Law, that party must notify the other party of the same no less than ninety (90) days prior to the date on which the tenancy contract expires."
Further, Article 13 of the Amended Rental Law states: "For the purposes of renewing the tenancy contract, the landlord and tenancy may, prior to the expiry of the tenancy contract, amend any of the terms of the tenancy contract or review the rent, whether increasing or decreasing it. Should the landlord and tenant fail to reach an agreement, then the tribunal may determine the fair rent, taking into account the criteria stipulated in article (9) of this law."
Since, you have already notified the owner on May 7, 2018, that you are not willing to renew the contract, you are not required to pay Dh9,000 as demanded by the agent of the owner. The notice you gave to the owner is only for 85 days from May 7, 2018, to July 31, 2018, and not 90 days as per the aforementioned provision of law. Therefore, you may pay proportionate rent of five days to the owner and not Dh9,000 as demanded by the agent of the owner. In the event the owner or his agent disagrees on the same, you may approach Rental Dispute Centre at Dubai for resolution of the matter.
Know the law: For the purposes of renewing the tenancy contract, the landlord and tenancy may, prior to the expiry of the tenancy contract, amend any of the terms of the tenancy contract or review the rent, whether increasing or decreasing it.

Ashish Mehta is the founder and Managing Partner of Ashish Mehta & Associates. He is qualified to practise law in Dubai, the United Kingdom, Singapore, and India. Full details of his firm on: www.amalawyers.com. Readers may e-mail their questions to: news@khaleejtimes.com or send them to Legal View, Khaleej Times, PO Box 11243, Dubai



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