DUBAI // A finance manager who refused to sign vacate letters and challenged rent increases will next year move out of his apartment and send his family back home to Pakistan.
Since he refused to sign the vacate letter last year, Ahmed Jelani has been repeatedly told he must leave.
He even took a bank loan last year to make the one-cheque rent payment.
His problems began last year when he was told the rent for his Discovery Gardens apartment would rise from Dh36,000 to Dh70,000 or he should sign a letter agreeing to leave in a year.
After checking with Rera that a 5 per cent increase was permitted, he argued, but finally agreed to pay 10 per cent. Earlier this year, he was told to vacate in July on expiry of the lease.
“I said I know about the one-year notice and again they sent a vacate letter saying I have to sign and vacate,” said Mr Jelani, 35, a finance manager who works in Abu Dhabi but cannot afford rents in the capital.
“People have been coming to see the flat from January every second or third day. It is exhausting.”
In March he was informed the apartment was sold and that he should move in July.
On speaking to Dubai Land Department, he again insisted on a year’s notice.
Finally, he received an eviction letter and has agreed to move.
He was then told to pay more than Dh50,000 for renewal until next year.
“But the Land Department said I must be informed at least 90 days before and I got 20 to 30 days notice. Because of advice from Rera and the Land Department, I can argue. I’m always quoting Rera and taking advice from them.”
Mr Jelani commutes to work by bus and said living in Discovery is convenient because one of his children goes to school nearby.
“For new rentals, you pay Dh75,000 even for a small flat. It has become very difficult for people like us. I have made a plan with my family to send them back. I’m only planning how to survive this because salary increases are just 2 or 3 per cent, but rent is increasing more than 10 per cent,” said the father of two who has lived in the UAE since 2006.
“I knew the rules and fought, but not everyone knows the rules. And when you have a family who wants to argue?”
A property manager at Discovery Gardens said vacate letters protected a landlord’s property.
“We don’t use force,” he said. “But it’s a pre-agreed contract so it depends on terms and conditions as agreed by the tenant and landlord; everybody has to honour the contract. You cannot interpret the law to suit you, you cannot be a judge.”
However, a lawyer confirmed that vacate letters signed by tenants are not enforceable.
“It’s not binding on tenants because the rules and regulations prevailing in Dubai give no weight to a letter signed by a tenant confirming they will vacate on expiry of the tenancy contract,” said Ashish Mehta, managing partner of Ashish Mehta & Associates Solicitors & Legal Consultants.
“This letter is only of theoretical comfort.”
Increasing rent based on a vacate letter was also not permitted and tenants can contest any attempt by landlords to do so, he said.
“It has only cosmetic value, where the landlord presumes the tenant is not aware of the procedures and law and uses it as a flimsy excuse to hike the rent.
“Increasing the rent by the landlord based on the tenant signing an undertaking to vacate is not permitted.”
rtalwar@thenational.ae
