My villa rent has been increased by 20 per cent, what are my rights
Change in rental agreement must be notified at least 90 days before expiry of contract
Question: A year ago, I signed a rental contract for a villa for residential purposes with a real estate office in Dubai. A month ago, the real estate office sent me an email asking to increase the rent by 20%. I replied that I did not agree to this increase. My question, according to the Dubai rental law, is he entitled to request this increase, and what is the appropriate legal procedure to take to renew the rental contract, knowing that he refuses to renew the rental contract. Please advise.
Answer: Unless otherwise agreed by the parties to a Lease Contract, where either party wishes to amend any of its terms including increasing or reducing the Rent, that party must notify the other party of this intent no less than ninety (90) days before the date on which the Lease Contract expires.
The landlord have the right to increase the rent up to 20% of the rent value of the real-estate unit under the following conditions:
If its rental is decreased by more than 40% of the average market rental rate.
If RERA (Real Estate Regulatory Agency) approves the increase in the Emirate, in view of economic circumstances; the condition of the Real Property; the prevailing rental value of similar Real Property in other similar Real Property markets within the same area; the provisions of any legislation in force in the Emirate regulating Real Property Rent, and any other factors which the Agency deems appropriate.
If the Landlord and Tenant fail to reach an agreement in this regard, the tenant may register in the Rental Dispute Center, an Offer and Deposit, requesting Provisional and Summary Actions Judge to issue an order for renewal with the rental amount and the Agency may determine the fair Rent.
Question 2: A month ago, a ruling was issued against me by the civil court, according to which, it was considered to be in absentia, because I was not notified and the complainant provided the court with an incorrect address that did not belong to me, even though he knew my correct address. I also learnt that the subject of the lawsuit was the value of a cheque due to a previous transaction, which I had previously paid the full value, but I did not get the cheque back from him. My question: what is the appropriate legal action to take against this complainant and do I have the right to ask the court to return the case considering that I was not notified at my correct address? Please advise
Answer 2: According to Article 55 of the law No. 42 of 2022 Promulgating the Civil Procedure Code, in the event that the duly served Defendant fails to appear before the court, the latter shall render a Judgment on the case, and such a Judgment shall be deemed as if issued in presence for the parties who fail to appear.
You have to file an appeal and to request in the first appeal statement, to return the case to the First Instance Court due to the nullity sustained the service of the statement of claim to an address not related to you and which caused your absence from the trial in front of the first Instance Court. According to Article 86 of the same law, Such plea associated with the procedures which have no association with the public order, shall be furnished together before furnishing any other procedural plea, claim of defence in the case or for inadmissibility, failing which, the right shall lapse for any such pleas not furnished, and the Petitioner’s right to furnish such pleas shall be waived unless furnished in the statement of objection.
Moreover, your requests should also include to reject the whole case for the pre- payment of the cheque amount, which you should prove by providing the payment receipts or bank transfers or to transfer the matter to an expert to check the transaction occurred between you and the counterparty, and the payment proves.
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