We own a villa in Ras Al Khaimah and have tenants in it. Our tenant was working and the lease was in his company’s name. The rent was Dh145,000 per year, payable in one cheque. Our tenant was made redundant so we renegotiated the lease, reducing the rent to Dh133,000 payable in four cheques as we felt sorry for him. His wife’s work visa was still valid for a few more weeks so we then put the lease into her name. He told us he had a new job lined up and would give us his new residency visa as soon as it was issued and we would then redo the lease in his name. However, both my tenant and his wife are now doing visa runs as he has joined a company outside the UAE and works offshore; neither of them has a residency visa. They have also started paying the rent monthly even though we have emailed them requesting that they stick to the four-cheque payment. How can I get them out of my villa as they are in breach of contract regards rent payments and also do not have a valid residency visa. SK, Ras Al Khaimah.
There are many parts to your issue that I could address but given the real question is “how do I evict the tenants?” the answer is quite simple. As they do not hold a valid residency visa there are not allowed to rent, therefore this breach of the contract is enough to evict them.
I have rented an apartment in Dubai Marina since September 24, 2012. During the renewal of the rental contract in September 2013 the landlord gave me a 12 months eviction notice by putting it in the contract and mentioning that he needs the apartment for his personal use. I signed the contract under the assumption this was allowed. I have now been advised that this is not the legal way to give a tenant a 12 months’ eviction notice. He did not send the notice trough the public notary and also not via registered mail. Am I entitled to stay in the apartment and demand renewal of the rental contract under the same terms and conditions? RS, Dubai
Despite the fact the landlord has placed, within the body of the rental agreement, your 12-month notice to vacate for the reason that he wishes to use the property for his personal use and you have signed it, does not mean this is legal. You are correct in your statement that if your landlord does not send you the proper notice either via registered mail or notary public then you will have the right to renew you agreement. The only way a landlord can request a higher rent at renewal is to communicate any changes to the contract giving 90 days’ written notice and then this rental rise can only be allowed if the Rera rental calculator allows it. If he has not fulfilled this either, then you would be entitled to renew at the same terms and condition as before.
My rental contract expires in 25 days. When I went to the real estate office for renewal of the contract, they told me there is an increase of about 30 per cent on my Dh33,000 rent. According to the Rera rental calculator, my increase should only be 5 per cent. How do I deal with this issue? IZ, Dubai
The first thing to do is not to panic as the law is on your side. Your landlord has a legal obligation to inform you 90 days before the expiration of your contract of any changes to the agreement. If he/she misses this window then you are still entitled to renew the contract but on the same terms as before. If, however, you decide to allow an increase at all (your choice) then your landlord has to follow the rent calculator guidelines and in this instance that increase is 5 per cent. I repeat, however, that there should actually be no increase as the 90-day window has been missed. If your landlord insists on his demands then the answer is simple: go and open a case at the rental committee. Your tenancy contract must be registered with Ejari and the cost of filing a case is 3.5 per cent of the annual rent.
Mario Volpi is the managing director of Prestige Real Estate in Dubai (prestigedubai.com). He has 30 years of property industry experience in the emirate and London. Send any questions to mario@prestigedubai.com
The advice provided in our columns does not constitute legal advice and is provided for information only. Readers are encouraged to seek appropriate independent legal advice
Follow The National's Business section on Twitter
