The Tenant Initially Turned Down The Owner’s Offer, But After A Shift In Circumstances, She Now Wants To Stay.
Three months before my lease was set to expire in November. My landlord sent me an email proposing to extend it for another year at a 10% increase in rent. I told my landlord through email that I had other arrangements at the moment and would refuse the offer to extend the lease.
About 40 days have passed since I turned down his offer. But now that my situation has changed. I want to stay in the apartment and am content to take the higher rent. Although I tried to contact the landlord, he ignored me.
Because I had previously rejected to extend the lease, may the landlord refuse my request? What is the legal position in this case?
Technically, a tenant who decides not to renew does not have to notify the landlord. Because the contract contains a start and end date, this is the case. Nevertheless, it is wise to let your landlord know what is happening so that they can decide whether or not to rent out the home again. Regarding your predicament, the law is silent, and it is up to the parties to communicate with one another, including when circumstances change.
You have the right to renew again as long as your tenancy is still in effect. I would be a little more lenient when choosing the rent (beyond what the calculation from the Real Estate Regulatory Agency indicates). However, I just say this to demonstrate my readiness in light of your change of heart.
I would prepare the renewal through your agent and submit it, along with the rental check(s), to the Dubai Land Department if the landlord continues to disappear on you. Moving ahead, they will get in touch with the landlord. You can always submit a case before the Rent Dispute Settlement Committee as an alternative. You will have to pay 3.5% of the rental fee for this, though.
The Rera calculator indicates that no rent increases are permitted for the neighborhood. Where I reside, yet my landlord is requesting a 54% increase.
I got in touch with him and proposed to pay a 5% increase in rent in an effort to find a middle ground and come across as reasonable. The landlord still hasn’t responded to my offer after a week. I was going to go to the RDSC and make a complaint. To show the DLD that I want to renew the contract and pay the rent, a friend advised that I first submit an offer and deposit petition.
Exists a benefit to doing this? I think you have to do this anyhow when you submit a case with the RDSC. Does it merit the extra work, then?
A reasonable alternative to filing a formal complaint with the RDSC is to give your rent checks to the DLD. The DLD will get in touch with the landlord and ask him to come to get the rent checks from the tenants. By involving the DLD, you may be confident that your case will receive the respect and consideration it requires.