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Rental Dispute

INTRODUCTION

Having or getting involved into the rental disputes is very common in today’s era because there is lack of knowledge about the rights and duties, and it is a well-known principle that lack of awareness leads to maximum exploitation. This article deals with the relevant law regulating the relationship between Landlord and Tenant and about their rights and duties available to them.

Dubai is known for its world class infrastructure and for its cosmopolitan culture. The city has become the home for world class talent and opportunity. But on the other hand, where population is increasing the demand for human dwelling is also at rise which sometimes leads to disputes between the parties involved into the relationship of tenant and landlord.

What is the cause of dispute and why does the Rental Disputes arise between the parties?

Rental Dispute lawyer Dubai states that there is no such fix cause or scale to explain the answer of the question that why does the Rental Disputes arise, but in most of the cases the issue which involved is increase in certain amount of the rent without notice or asking the tenant for eviction before the completion of the rental period, or non-renewal of the lease agreement and landlord not ready to evict the premises etc.

Our Rent Dispute Lawyer Dubai possess extensive experience in dealing with the disputes arising from the relationship of Landlord and Tenant and states lack of knowledge about law is the main reason behind the rise of such disputes. He also states that in most of the cases while parties entering relationship of Landlord and Tenant are even not aware about the terms and conditions mentioned under their Tenancy Contract and when the term of expiry comes closer then disputes begins between the parties.

What is the importance of Tenancy Contract Dubai?

Tenancy Contract Dubai plays a major role in determining rights and responsibilities of the parties executing it. This helps the parties to be clear and precise about the terms and conditions before entering the relationship. A well drafted Tenancy Contract can save the parties from entering any disputes at the later stage.

To know more about the essentials of Tenancy Contract Dubai, click here to access sample draft.

What is the law regulating the relationship between Landlord and Tenants?

Law No.(33) of 2008 amending Law No.(26) of 2007 Regulates the relationship between Landlords and Tenants in the Emirates of Dubai. The object of the said law is to protect the interest of Tenants and Landlords in a balanced manner and to refer the disputes to Rental Dispute Committee in case of disputes. This is applicable to lands and Real Property leased out in the Emirate excluding Real Property provided free of Rent by natural or legal persons to accommodate their employees.

What can a tenant or landlord may do if they want to amend any of the conditions set out in Tenancy Contract?

In case if Landlord or Tenant wants to any of the conditions set out in the tenancy contact then Article 13 and 14 of the Rental Law govern this situation. For better understanding the relevant extract of the said articles is mentioned hereinbelow:

Article (13)

For the purpose of renewing tenancy contract, landlord and tenant upon expiry of the tenancy contract may amend any of the contract\’s terms or review the rent whether by increase or decrease. If the parties do not reach an agreement regarding this, the Committee may decide fair rent considering the standards referred to in Article No. (9) of this Law.

Article (14)

If either party of tenancy contract wishes to amend any of its conditions pursuant to Article (13) of this Law, then he must notify the same to the other party not less than 90 days prior to expiry date, unless both parties agreed otherwise.

It is crystal clear after perusing the above said provision of the Rental Law that after serving the 90 days’ notice or after the expiry of the Tenancy Contract the conditions to it can be amended. Generally, this provision is used when any of the party to Tenancy Contract wants to change the terms of its renewal.

On what basis or grounds Landlord may demand eviction from the Tenant?

As Tenancy Contract is governed by the Rental Law and as per Article 25 of the said law certain grounds are specified wherein Lessor can demand eviction from the Tenant otherwise not. The extract of the said Article is mentioned herein below:

Cases of Evacuation

Article (25)

  1. Landlord may demand eviction of tenant prior to expiry of tenancy period in the following cases:
  2. If tenant fails to pay rent value, or part thereof, within thirty (30) days of landlord\’s notification for payment; unless parties agreed otherwise.
  3. If tenant subleases the property, or part thereof, without landlord\’s written approval and in such case eviction shall be applicable to the tenant and the subtenant, and the subtenant\’s right to refer to tenant for compensation shall be reserved.
  4. If tenant uses, or allows others to use, the property for illegal or immoral activities.
  5. If the leased property is a commercial shop and the tenant left the same without occupation and without legal reason for 30 continual days or 90 non-continual days in one year; unless the parties agreed otherwise.
  6. If tenant causes changes that endanger safety of the property in a way that it cannot be restored to its original condition or if he causes damage to the property intentionally or due to his gross negligence to take proper precautions or if he allows others to cause such damage.
  7. If tenant uses the property for purposes other than the purpose it was leased for or if he uses the property in a way that violates planning, building and land using regulations.
  8. If the property is in danger of collapse, provided that landlord must prove such condition by a technical report issued by Dubai Municipality or accredited by it.
  9. If tenant fails to observe legal obligations or tenancy contract conditions within (30) days from date of notification by landlord to abide by such obligations or conditions.
  10. If development requirements in the Emirate require demolition and reconstruction of the property in accordance with government authorities’ instructions. And for the purpose of this clause (1) of this Article the landlord must notify the tenant through the Notary Public or by registered mail.

Landlord may demand eviction of tenant upon expiry of tenancy contract limited to the following cases:

  1. If the owner 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.
  2. If the property requires renovation or comprehensive maintenance which cannot be executed while tenant is occupying the property, provided that a technical report issued by Dubai Municipality or accredited by it is to be submitted to this effect.
  3. If the owner of the property wishes to recover the property for use by him personally or by his next of kin of first degree provided that he proves that he does not own a suitable alternative property for that purpose.
  4. If the owner of the property wishes to sell the leased property.

And for the purpose of clause (2) of this Article, landlord must notify tenant with reasons for eviction at least twelve months prior to the determined date of eviction subject that such notice be sent through the Notary Public or by registered mail.

Thus, in the light of the above said provision it may be observed that Landlord can only demand eviction from the tenant when the grounds mentioned above are met and after serving the notice to the tenant in the manner specified above.

What is the role of property lawyers in Dubai?

The role of property lawyers in Dubai is very significant in dealing with issues arising from the relationship of Landlord and Tenant. Our Real Estate lawyer in Dubai advise you to consult with the best property lawyers in Dubai for handling of the Rental Disputes.

Our Law Firm possess highly experienced Commercial Real Estate Lawyer which are always ready to defend your interest before the concerned Committee and giving you best legal advice.

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