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Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
Lawyer
Hi, my lease is for one year it expires April 1,...
Hi, my lease is for one year it expires April 1, 2020. I asked my landlord on Feb 10, 2020 if I can renew my lease for a lower amount or vacant the apartment. He said I didn't give him 90 days notice and due to the contract addendum "Both landlord and/or tenant shall notify the other party of any changes to this agreement and intent/ desire to renew or vacate the property at end of the lease by giving 90 days notice to other party. Failure to do so is a breach of contract and 2 months rent will be the penalty. Since I didn't give 90 days I need to vacate by April 1st 2019 and pay 2 months rent. My question is they didn't alert me of renewal either 90 days prior they cant assume I'm going to renew and now in the contract says automatic renewal. If I'm paying additional 2 months of rent why do I have to vacate the apartment on April 1st its not being reasonable or logical.
Lawyer's Assistant: Where are you located? It matters because laws vary by location
Dubai Marina
Lawyer's Assistant: Has anything been filed or reported?
nothing been filed
Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?
annual rent was 85,000 I'm asking for renewal to be 70,000 because the market has decrease but I'm willing to stay for 70,000 or I'll leave for another apt at 45,000
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إجابة الخبير: Waleed Al-Helo
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
Referring to the rent law in the UAE and according to the emirate in which it resides in accordance with the text of Article 12 of the law, which stipulates:
Article (12)
The cases in which the property may be vacated. The lessor may not ask - even at the end of the lease term - to vacate the leased property for one of the following reasons:
A- If the lessee fails to notify the lessor of his desire to continue to occupy The property at least two months before the date of expiry of the original lease contract or the expiry of any extension period of its term.
B- B- If the tenant does not pay the rent or any part thereof within fifteen days from the date of the due date, provided that if the lessor fails to receive the rent or any part thereof, the lessee may deposit the rent or the relevant installment with the municipal employee And the receipt of the deposit issued by the Municipality in this regard shall be regarded as a legal guarantee to discharge the lessee from the value of the rent or the installment due thereof within the amount of the deposited amount.
C- If the tenant fails to comply with any obligation imposed on him by this decree or any of the terms of the lease agreement within fifteen days from the date of receipt of a written request by the lessor requesting the execution of that obligation or condition.
D- If the leased property is damaged as a result of the intentional act of the lessee or as a result of neglecting to take the necessary care or caution or to allow any other person to harm the leased property.
*** So the only solution in case of wanting to evacuate is to reach a friendly settlement with the lessor, otherwise the contract is automatically renewed and forced to pay the fee
Article (12)
The cases in which the property may be vacated. The lessor may not ask - even at the end of the lease term - to vacate the leased property for one of the following reasons:
A- If the lessee fails to notify the lessor of his desire to continue to occupy The property at least two months before the date of expiry of the original lease contract or the expiry of any extension period of its term.
B- B- If the tenant does not pay the rent or any part thereof within fifteen days from the date of the due date, provided that if the lessor fails to receive the rent or any part thereof, the lessee may deposit the rent or the relevant installment with the municipal employee And the receipt of the deposit issued by the Municipality in this regard shall be regarded as a legal guarantee to discharge the lessee from the value of the rent or the installment due thereof within the amount of the deposited amount.
C- If the tenant fails to comply with any obligation imposed on him by this decree or any of the terms of the lease agreement within fifteen days from the date of receipt of a written request by the lessor requesting the execution of that obligation or condition.
D- If the leased property is damaged as a result of the intentional act of the lessee or as a result of neglecting to take the necessary care or caution or to allow any other person to harm the leased property.
*** So the only solution in case of wanting to evacuate is to reach a friendly settlement with the lessor, otherwise the contract is automatically renewed and forced to pay the fee
إسأل Lawyer
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
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