Question: A questioner from Dubai asks: One year and six months ago, I rented an apartment from a real estate office for two years, according to the lease contract, which expires after six months. Currently, the real estate office sent me a letter by mail asking me to vacate the apartment upon the expiration of the contract.
My question is, does the real estate office have the right, according to the rental law in Dubai, to force me to vacate? At the beginning of the contract, the real estate office charged me fees for using facilities such as the gym and swimming pool. Do I have the legal right to recover these amounts from the real estate office? Please advise.
Answer:
To answer this question, I would advise the questioner that:
1) He doesn’t have the right to force you to vacate unless he notified you of the eviction reasons twelve (12) months prior to the date set for eviction, provided that this notice is given through a Notary Public or registered post as per Article 25 of the Law No. (33) Of 2008 Amending Law No. (26) Of 2007 Regulating the Relationship between Landlords and Tenants in the Emirate of Dubai which states that “Upon expiry of the Tenancy Contract the Landlord may request eviction of the Tenant from the Real Property only in any of the following cases:
a) Where the owner of the Real Property wishes to demolish the Real Property to reconstruct it, or to add any new constructions that will prevent the Tenant from using the Real Property, provided that the required permits are obtained from the competent entities;
b) where the Real Property is in a condition that requires restoration or comprehensive maintenance that cannot be carried out in the presence of the Tenant in the Real Property, provided that the condition of the Real Property is verified by a technical report issued by or attested to by Dubai Municipality;
c) where the owner of the Real Property wishes to take possession of it for his personal use or for use by any of his first-degree relatives, provided that the owner proves that he does not own another Real Property appropriate for such purpose; or
d) Where the owner of the Real Property wishes to sell the leased Real Property”.
2) As per Article 11 of the Law No. (26) Of 2007 Regulating the Relationship between Landlords and Tenants in the Emirate of Dubai “The rent includes the use of the property’s facilities such as swimming pools, courts, gyms, health club, and car parking lots, etc. unless otherwise is agreed upon”.
Which means that you will be able to recover the amounts paid for the facilities in case it was not agreed in the rental contract that you will be the one paying them, but in case it was agreed upon, then you will not be able to recover them.
