Arising of Disputes between Landlord and Tenants is a common practice all around the globe. Still, the problem arises wherein the rights of either party to the Tenancy Contract are being violated. Then, to protect either party\’s interest in a contract qualified and skilled Rental Dispute Lawyer is required who can effectively address the issues pertaining from such agreements and can also deal with the litigation disputes by contesting them before the concern forum or Tribunal. It would be correct to state that in major or metropolitan cities where population immigrants are high in number, in such cities, there are high chances for the occurrence of rental disputes.
As we all know, Dubai is home to more than 200 nationalities and acts as a magnet for investors from around the world who invest their money in purchasing real estate properties. Moreover, this fact cannot be denied that Dubai is well known for its skyscraper and high-rise buildings. Additionally, the safety provided by the Government of the United Arab Emirates in terms of privacy cannot be overlooked. The expatriates look to Dubai as a leader for the future and like to invest here. Therefore, in most of cases, properties are being purchased by the Owner living outside the United Arab Emirates, and they rented the same when the said Property is required back to the Owner or any issue regarding the increase of Rent arises. Then, the Rental Dispute arises between the parties.
This article will deal with the disputes between the Landlord and Tenant and the importance of the Tenancy Contract with the expertise of Rental Dispute Lawyer Dubai.
How does Rental disputes arise between the Landlord and Tenant?
Our Rental Dispute Lawyer Dubai states that:
Generally, in most of cases, the Dispute between Landlord and Tenant arises either due to non-payment of Rent or due to unreasonable demand or restrictions imposed by the landlord. Therefore, it is essential for both parties to understand its consequences and the remedies available under the Law to take appropriate action in case of any dispute arises between them. It is pertinent to mention here that in our last article, we have already discussed the grounds of Eviction and rights available for the Tenant in case he wants to renew the rental contract. Therefore, in this article, we will be discussing about the relevancy of the tenancy contract and its impact upon the rights provided to you under the Law, as well as obligation levelled upon the Tenant and landlords and also the remedies available in the Law for exercising the legal rights.
What amenities are included in the Rent payable by the Tenant, or he must pay extra to access the amenities?
Our Property Lawyers in Dubai states that:
Under the Law No. (26) of 2007 Regulating the Relationship between Landlords and Tenants in the Emirate of Dubai (as amended up to date) Article 11 of the said Law clearly states that unless agreed otherwise, the Rent given for the Property will include all the amenities such as swimming pools, playgrounds, gymnasiums, health clubs, car parks, and other available amenities. Therefore, it is very important for the Tenant to read the tenancy contract carefully before signing and to ensure that it includes all the amenities promised to him.
Who will be responsible if the Tenant is precluded from using amenities, or any changes that affect its right of peaceful enjoyment?
Our Property Lawyer in Dubai states that:
In such scenarios the liability of the Landlord will arise because Article 17 of the Law regulating the relationship between landlord and Tenant specifically imposes an obligation upon the landlord and make him responsible for any changes, whether made by him or any other person authorized by him which preclude the Tenant from full use of the rental Property. Furthermore, if any defect, damage, deficiency, or wear and tear occurred in the Property subject to the condition not attributable to the fault of the Tenant, then in such scenarios landlord is responsible.
What are the obligations of the Landlord under the Rent Law?
Our Real Estate Lawyer in Dubai states that:
The articles pertaining from 15 to 18 of the Rent Law specifies the obligations of the Landlord. Thus, for a better understanding of the reader obligations, are mentioned below in a concise manner:
- The landlord is obliged to hand over the Property to the Tenant in good condition.
- Landlord is responsible for all the maintenance, defect, repairing any defect or damage work unless otherwise agreed in the agreement.
- The landlord is responsible if any changes made by him or by the person authorized by him preclude the Tenant from benefitting the use of amenities.
- The landlord is responsible for obtaining approvals from concerned ministries in case the Tenant wishes to carry out decoration works or any other work that requires such licenses.
The Landlord is responsible and has a legal obligation to carry out his duties per the Law\’s provisions. Moreover, in case he fails to comply with obligation levelled upon him, then the Tenant has the right to approach the Rental Dispute Settlement Centre for redressal of their grievances.
What are the obligations of Tenant as per Rent Law?
Our Property Lawyers in Dubai state that:
The articles pertaining from 19 to 24 of the Rent Law specifies the obligations of the Tenant. Thus, for a better understanding of the reader\’s obligations are mentioned below in a concise manner:
- Obligation to pay rent on time.
- To maintain Property in such a manner that it belongs to him.
- To carry out maintenance work with the permission of the Landlord.
- To make security deposit
- To surrender the possession of the Property upon expiry of the contract in the same manner as he received.
- May not assign any sub-lease of the Property unless written consent of the Landlord is obtained.
- Pay Bills and other government fees for the usage of gas, electricity, and any other thing.
These are the obligations that are being leveled upon the Tenant as per tenancy law. Therefore, it is mandatory in accordance with the Law for the Tenant to abide by the same.
What is the importance of Tenancy Contract?
Our Rental Dispute Lawyer Dubai states that:
The role of Tenancy Contract in ascertaining the rights and duties of the Landlord and Tenant is crucial as it obligates the contracting parties to abide by such terms and conditions. It is mandatory to have an Ejari if you are renting a property in Dubai, but on the other hand, it is also essential for you to have a Tenancy Contract, for such rental Property.
In most of case, Tenants does not pay attention to the terms and conditions mentioned under the Tenancy Contract and execute the same in a haphazard manner which causes trouble at a later stage. Therefore, it is very important to secure your rights and interest while paying attention to the provisions of the Tenancy Contract.
The below mentioned diagram will guide you about the importance and benefits emanating from the Tenancy Contract:Nour Attorneys Law Firm tends to provide you with one of the best Legal Document Drafting and reviewing services in such a manner that it secures your interest and provides you the best possible advice. Our highly qualified team of lawyers and legal consultants possess long-standing experience in drafting and reviewing contracts and agreements. Therefore, it is very important for Landlord and Tenant to ensure that Tenancy Contract contains all the relevant information and material which can protect their interest.
What is the role of Rental Dispute Lawyer Dubai?
The role of a rental dispute lawyer in Dubai is considered as one of the most prevalent when it comes to dealing with rental disputes. The best choice for having a rental dispute lawyer that he must be aware of all the provisions mentioned under the Law and can also provide sound solutions for your legal problem. The rental dispute lawyer must also be aware of the procedure to be opted before the RDC and file an appeal or Certiorari against the impugned order passed by the Tribunal.
The rental dispute lawyer, apart from this must also be active in advising clients about the importance and role of Tenancy Contracts, as if the contract is strong, then there are significantly fewer chances of disputes arising between the parties, and in case if any dispute arises between the parties, then the party which is strong hold over the contract wins the Dispute.
After perusing all the relevant provisions of the Law No, (26) of 2007 Regulating the Relationship between Landlords and Tenants in the Emirate of Dubai, it may be correct to conclude that Law provides broader scope for the contracts. Unless otherwise agreed, terms used in the various provisions of the Law can be used either positively or negatively by either contracting parties; for example, if the tenancy contract states that no amenities are being provided to the Tenant, then contract terms will prevail. The Tenant will have no right to claim the same once the contract has been executed between the landlord and Tenant.
Thus, it is essential to examine the Tenancy Contract minutely before entering into the relationship of the Landlord and Tenant. Once the deposit has been made, or contract is executed, there is no such chance of revocation. Such contract will end by terms mentioned therein. It is advised in general to be aware and always contact our best Property Lawyers in Dubai if you end up entering some rental disputes.