I am renewing my rental contract for another year. I offered my rent cheques to the landlord and signed the contract. The only thing left to be done is to register my contract with Ejari.
The broker representing the landlord wants me to send him his commission through bank transfer. He has only sent me a soft copy of the signed rent contract.
However, I said I would pay his commission in cash after he provides me with a hard copy of the signed contract. He now wants me to collect the contract from his office.
Isn’t the broker obliged to provide me with a hard copy of the contract since there are two signed copies of the document? MH, Dubai
At the time of signing a rental contract, the tenant should submit a post-dated rental cheque or cheques, the security deposit (current dated if payable via a cheque) and the broker’s commission (with the current date if if paid by cheque), according to Real Estate Regulatory Authority regulations.
The agent should not be holding you to ransom regarding his fee, especially after you confirmed that you will pay him after receiving the original contract. You need to negotiate your position against his.
You are not being unreasonable. It is your right to have the original tenancy contract.
In most cases, brokers request three copies of the rental contract: one for the landlord, one for the tenant and one for the agency’s files.
______________________
We renewed our lease in September 2021. However, we were issued a 12-month eviction notice in December 2021.
My understanding was that the landlord should have issued the eviction notice before the renewal, so the 12-month period would be in line with the rental contract.
What will happen in September 2022 at the time of renewal? Is the landlord obliged to extend the contract only until the expiry of the eviction notice in December 2022?
From your previous columns in 'The National', I understand that we are legally required to vacate the unit only 12 months from the next renewal, which is September 2023.
I would rather not move this year but want to make sure I have the correct understanding before discussing further with the landlord. AS, Dubai
Law 33 of 2008, which is the amended Law 26 of 2007, states that the 12-month eviction notice should be served upon expiry of the tenancy agreement.
Having said this, it has been shown that some judges at Dubai’s Rental Dispute Settlement Committee appear to allow the 12-month eviction notice to be served at any time during the contract.
Remember that the eviction notice is served for certain reasons. Ask the owner what the reasons for eviction are and if there is any flexibility at all, which would allow you to stay on from the date of the notice to the exact renewal date.
Mario Volpi is the sales and leasing manager at Engel & Volkers. He has worked in the property sector for more than 35 years in London and Dubai. The opinions expressed do not constitute legal advice and are provided for information only. Please send any questions to mario.volpi@engelvoelkers.com
