{"id":21058,"date":"2016-07-27T14:28:24","date_gmt":"2016-07-27T07:28:24","guid":{"rendered":"http:\/\/www.siamlandbank.com\/propertynews\/?p=21058"},"modified":"2016-07-27T12:39:22","modified_gmt":"2016-07-27T05:39:22","slug":"dubai-landlord-with-history-of-illegal-procedures-plays-up-again","status":"publish","type":"post","link":"https:\/\/www.siamlandbank.com\/propertynews\/property-news\/dubai-landlord-with-history-of-illegal-procedures-plays-up-again\/","title":{"rendered":"Dubai landlord with history of illegal procedures plays up again"},"content":{"rendered":"


\nOur tenancy contract will expires soon. We were supposed to renew (and advised the landlord that we would renew back in April) but he has failed to provide us with the new tenancy contract since then. He did not want to use a real estate agent and has been drafting a contract on a word document, which Ejari advised that they will not accept. Anyway the landlord has also requested us to come to his office to sign the new contract and we have advised that we will do so if they send us a draft contract with the same clauses as before, which they have failed to do. So, in June we emailed the landlord informing him that we are buying a property and that we will not renew for another year but we would still give him three months notice from June 20. He verbally (via his assistant) said it was fine and requested to meet us. Then while we were waiting confirmation of a meeting date, his assistant sent us an email asking us to vacate the property at the end of July because he has “an offer on the property”. Having done some reading online, I have realised that the landlord must give us a 12-month notice with a valid reason if he wants us to vacate. I replied to his assistant’s email with this information, inviting the landlord to discuss how to reach a workable solution for both parties. I also realised that our tenancy agreement has many illegal clauses, like the “the renewal is at the discretion of the landlord” and has no automatic renewal as we have a clause in the addendum that says “should the tenant fail to inform renewal to the landlord within three months before expiry, tenancy contract will not be renewed for the next year”. We do not want to renew for one year and would like a tenancy extension until September 20. This landlord has had a similar case with tenants of his other apartment on the same floor as ours (he owns both properties). They took him to court and they won, three times. Also the landlord has failed to do some requested maintenance work in the property back in March (a window needed to be resealed) saying “you can live with this”. Following this, we stopped paying the chiller charges for the property in April. Ideally we would like to reach an amicable solution but if the landlord becomes unflexible, what recourse do we have? Should we renew and give him two month’s notice straightaway? IK, Dubai In essence, the key to your dilemma is in negotiating staying on for the two extra months therefore, organise a meeting with your landlord to explain your situation with the hope of finding some common ground. If communications break down, it is important to rely on the law.A landlord cannot demand your eviction without the proper procedures not having been followed. For your landlord to request you leave, he does have to give you the 12 month’s notice to vacate for reason of selling and this notice should be sent via notary public or registered mail and executed upon expiry of your tenancy agreement.You obviously do not need the full 12 months but to fulfil the legal processes, your landlord must follow the above. It seems to me that as you are only seeking an extension of two months there should be no reason why your landlord will not let you stay on for this period so hopefully you can get the owner to agree. No one wants to fall out over this but perhaps you may want to remind the landlord that he has already lost three other cases with tenants so it may be better to just agree terms with you than for things to potentially escalate.Finally, the clauses in your contract that you mention are in fact illegal and do not form any part of law therefore cannot be enforceable.Mario Volpi is a real estate professional who has worked in the industry for the past 31 years in London and Dubai. The opinions expressed in this article are those of the author and they do not reflect in any way those of the institutions to which he is affiliated. It does not constitute legal advice and is provided for information only. Please send any questions to mariovolpi64@gmail.com.
\n
\nSource : thenational.ae
\nRead more…Dubai landlord with history of illegal procedures plays up again<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"

Our tenancy contract will expires soon. We were supposed to renew (and advised the landlord...<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"false","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"spay_email":"","footnotes":"","jetpack_publicize_message":"","jetpack_is_tweetstorm":false,"jetpack_publicize_feature_enabled":true},"categories":[1],"tags":[],"class_list":["post-21058","post","type-post","status-publish","format-standard","hentry","category-property-news"],"jetpack_featured_media_url":"","jetpack_publicize_connections":[],"jetpack_sharing_enabled":true,"jetpack_shortlink":"https:\/\/wp.me\/p75ss1-5tE","jetpack-related-posts":[{"id":4285,"url":"https:\/\/www.siamlandbank.com\/propertynews\/property-news\/abu-dhabi-estate-agent-demands-cheque-ahead-of-rental-contract-renewal\/","url_meta":{"origin":21058,"position":0},"title":"Abu Dhabi estate agent demands cheque ahead of rental contract renewal","date":"February 10, 2016","format":false,"excerpt":"\r \r I have been renting an apartment in Al Raha Beach for the past two years. I recently advised my agent that I will renew for another year and requested that they send me the draft contract and Tawtheeq contract so I may review and sign them. The agent\u2026","rel":"","context":"In "Property News"","img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":20328,"url":"https:\/\/www.siamlandbank.com\/propertynews\/property-news\/who-should-be-first-to-make-contact-60-days-before-the-end-of-an-abu-dhabi-tenancy-contract\/","url_meta":{"origin":21058,"position":1},"title":"Who should be first to make contact 60 days before the end of an Abu Dhabi tenancy contract?","date":"July 20, 2016","format":false,"excerpt":"\r My contract mentions that: \"Prior to the end of lease period the tenant has to submit in sixty days, written notice that he is willing to either vacate the premises or renew the contract.\"Abu Dhabi Executive Council Decision No 32 for 2012, says that: \"In the event the landlord\u2026","rel":"","context":"In "Property News"","img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":39125,"url":"https:\/\/www.siamlandbank.com\/propertynews\/property-news\/jobless-dubai-tenant-cannot-renew-lease-until-he-finds-employment\/","url_meta":{"origin":21058,"position":2},"title":"Jobless Dubai tenant cannot renew lease until he finds employment","date":"December 28, 2016","format":false,"excerpt":"\r I would like to renew my tenancy contract in February next year and have my Ejari in place until April. However, I lost my job and my visa has now been cancelled. I left the country and should be back in January 2017. I would like to renew my\u2026","rel":"","context":"In "Property News"","img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":39389,"url":"https:\/\/www.siamlandbank.com\/propertynews\/property-news\/mario-volpi-jobless-dubai-tenant-cannot-renew-lease-until-he-finds-employment\/","url_meta":{"origin":21058,"position":3},"title":"Mario Volpi: Jobless Dubai tenant cannot renew lease until he finds employment","date":"December 28, 2016","format":false,"excerpt":"\r I would like to renew my tenancy contract in February and have my Ejari in place until April. But I lost my job and my visa has now been cancelled. I left the country and should be back in January. I would like to renew my tenancy contract because\u2026","rel":"","context":"In "Property News"","img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":54313,"url":"https:\/\/www.siamlandbank.com\/propertynews\/property-news\/dubai-company-still-liable-for-tenancy-contract-in-its-name\/","url_meta":{"origin":21058,"position":4},"title":"Dubai company still liable for tenancy contract in its name","date":"May 4, 2017","format":false,"excerpt":"\r I have resigned from my job in Dubai. My accommodation has been provided by the company with the tenancy agreement between the company and the landlord. The tenancy agreement stipulates that one month's penalty and two month's notice applies in the case of early termination. There is nothing in\u2026","rel":"","context":"In "Property News"","img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":11944,"url":"https:\/\/www.siamlandbank.com\/propertynews\/property-news\/dubai-landlord-unable-to-remove-divorcing-tenant-abandoned-by-husband\/","url_meta":{"origin":21058,"position":5},"title":"Dubai landlord unable to remove divorcing tenant abandoned by husband","date":"May 4, 2016","format":false,"excerpt":"\r I own an apartment in Dubai and have been renting it out to the same tenant for almost five years. At the end of latest tenancy agreement, which expired on November 30, I expressed my desire to personally move in to the apartment. As I wasn't sure of my\u2026","rel":"","context":"In "Property News"","img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]}],"_links":{"self":[{"href":"https:\/\/www.siamlandbank.com\/propertynews\/wp-json\/wp\/v2\/posts\/21058"}],"collection":[{"href":"https:\/\/www.siamlandbank.com\/propertynews\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.siamlandbank.com\/propertynews\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.siamlandbank.com\/propertynews\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.siamlandbank.com\/propertynews\/wp-json\/wp\/v2\/comments?post=21058"}],"version-history":[{"count":0,"href":"https:\/\/www.siamlandbank.com\/propertynews\/wp-json\/wp\/v2\/posts\/21058\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.siamlandbank.com\/propertynews\/wp-json\/wp\/v2\/media?parent=21058"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.siamlandbank.com\/propertynews\/wp-json\/wp\/v2\/categories?post=21058"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.siamlandbank.com\/propertynews\/wp-json\/wp\/v2\/tags?post=21058"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}