Lease Notice Sending
Most of landlords in Dubai think that finding a tenant is a final step in the process of leasing their real estate units. Getting the lease agreement signed and collecting the rent payment cheques make no guarantee for the process of leasing the unit to the tenant and tenants’ compliance with all terms of the lease to be smooth and stress-free for the landlord. To explain why management of already leased properties is important, let’s look at below information:
- Rental Dispute Center faces more cases with rent non payment or rent payment delays since 2016;
- Real estate rent prices changed significantly since 2014, over supply is not something new to talk about, however the purchasing power in UAE changed due many other factors;
- Most of litigation processes in courts in UAE are still far from real-quick, customer-oriented and user-friendly procedures, which puts real estate leasing activity to be same unsecured as lending money against a post dated cheque.
In particular, those subjects are always on top of attention of the same landlords:
- Ensuring that tenant pays on time;
- Price correction related to increase or decrease potential in the market;
- Decision making on major repairs of the property;
- Tenant compliance with building safety and community regulations;
- Eviction of the tenant.
The Law No. 26 of 2007 is the basic in this case. The full text of it can be found on www.dubailand.gov.ae
Noticing is necessary if tenant fails to pay the rent on time. First of all, the terms and dates of paying rent must be stipulated in the lease agreement. When the tenant is late with the payment, it is important for any landlord in Dubai to make legally correct notice, which is registered in public records at the same time. Then, if payment is still not made within 30 days, property owner has the right to claim the eviction.
Noticing is necessary if the rent terms, including rent price corrections, of your lease need to be revised. As the Law No. 26 of 2007 says, rental prices can be raised according to similar properties in the area. RERA launched its’ rental increase calculator which regulates the price corrections in Dubai real estate market. Increase or decrease to price should be also properly communicated and notified to the other party. There are number of regulations as well as fixed timeframes, required to be followed so the notice is registered and accepted.
Noticing is necessary if the landlord needs the unit to become vacant. Giving 12 months notice to the tenant is not the only the condition to get your unit vacated. Same as rent price corrections, eviction notice has its’ own comprehensive regulations list. Eviction notice can be served only for the following reasons:
- If development requirements in the Dubai requires demolition and reconstruction of the property in accordance with government authorities’ instructions;
- If the property requires renovation or comprehensive maintenance which cannot be executed while tenant is occupying the property, provided that a technical report attested by Dubai Municipality is to be submitted to this effect;
- If landlord wishes to demolish the property for reconstruction or to add new constructions that prevent tenant from benefiting from the leased property, provided that necessary licenses are obtained;
- If the landlord wishes to sell the property;
- If landlord wishes to recover the property for use by him personally or by his next of kin of first degree;
- The tenant breaches any of the terms and conditions of the lease agreement, including but not limited to rent payment schedule compliance.
We know many scenarios where landlords couldn’t execute their claims due to the wrong wording in the legal notice sent to their tenants. If you decided to make a legal notice, please keep in mind that visiting the nearest typing center will not be enough. Typist may not understand your message to the tenant. Furthermore, translated wrongly into Arabic, it won’t be communicated the way you expect. We recommend you to contact us for assistance. Legal notice sent by BSO always gets the attention and reaction of the party whom we address it to. Our services of property management in Dubai are already designed in way where it is ensured that all notices are drafted legally correct and delivered on time. It saves your time as well as reduces your financial losses. So one more advantage of having a proper real estate management company appointed is sending legal notices.
P. S. Make sure you have all required documents including latest EJARI certificate of the lease.