Landlord-Tenant Laws By Expert Rental Dispute Lawyer For 2022
Dubai Landlord And Tenant Law
Rental disputes are one of the most prevalent legal conflicts globally, and the United Arab Emirates is not an exception. The cheap cost of upkeep and significant rental income are two of the most common causes of rental conflicts. Compared to other countries, the UAE has a transient atmosphere due to the large number of international expats living there.
Furthermore, the rental market economy skyrocketed due to foreign expats owning properties in the UAE. The fundamental goal of these property owners is to maximize income through rental payments while also ensuring the protection of their rights, which is where an Expert Rental Dispute Lawyer comes in.
As a result, the UAE government enacted the Tenancy Law, which establishes the basic regulations for the conclusion and registration of rental and lease agreements. The tenancy law also embodied the rights and obligations of landlords and tenants.
Due to various factors, including economic uncertainties, an ordinary man cannot handle such a situation. In such cases, it is essential to seek the advice of an Expert Rental Dispute Lawyer.
Lawyer Services For Tenancy Disputes
High rental rates are a significant source of anxiety in UAE’s uncertain economy and a source of rental disputes between landlords and tenants. In such cases, it is critical for both parties to carefully consider the rights and obligations outlined in the rental agreement to avoid rental conflicts.
It is best to hire a lawyer in the UAE who specializes in a rental dispute, as they are well vast in the knowledge and experience of handling such disputes. The services an Expert Rental Dispute Lawyer in UAE can render in tenancy disputes include:
- Legal Study: An Expert Rental Dispute Lawyer is trained to look for relevant legislation for a specific tenant and landlord law issue. They have access to legal databases, which can speed up and simplify case research. The legal study would benefit your case by familiarizing you with your responsibilities, obligations, and rights as a citizen and a landlord or tenant.
- Examining Relevant Paperwork and Offering Counsel: An Expert Rental Dispute Lawyer can assist you in uncovering gaps in your rental agreement. Tenants must be aware that some landlords add an attorney’s fee clause in a rental or lease agreement to prevent frivolous lawsuits. If your rent or lease agreement has this condition, you’ll be entitled to reimbursement of legal fees as well as legal expenses if you win against the landlord.
To familiarize yourself with the tenancy law enacted by the government, which says that before one can rent or lease a home in UAE, a contract must be completed and registered with the Real Estate Regulatory Authority before moving into a house, apartment, or any other form of property. The factors stated in the tenancy agreement of the contract law include:
- The rights and obligations of the landlord
- The rights and obligations of the tenants
- The contract’s period and value, as well as the frequency with which payments will be made
- The location of the property to be rented
- Other necessary arrangements made between landlord and tenants
The Rights and Obligations of the Landlord
Once the agreement is signed according to the tenancy law, the landlord is obligated to;
- Return the property in excellent working condition
- Complete all maintenance tasks if something breaks down
- Steer clear of any renovation or conduct any other work that may impact the tenant’s living condition.
In return, the landlord will be paid every month according to the contract. If the tenant does not pay, the landlord has the authority to ask the occupants to vacate the premises until payment is made. This is where the expert rental dispute lawyers come in to avoid conflict from escalating by assisting the parties in reaching an acceptable agreement that benefits both sides.
The Rights and Obligations of the Tenant
Once a tenant moves into a rented apartment according to the tenancy law, they have the responsibility of:
- Making improvements to the property only if the landlord agrees to it
- Paying the rent as per the contract and UAE imposed taxes and fees as well as utilities (if any of such arrangements were made)
- Paying a security deposit upon renting the property
- Ensuring that the Returning the property in the same condition, it was upon vacating.
In addition, the parties can make customized arrangements. According to the expert rental dispute lawyer, these customized arrangements should also be included in the contract. Rental agreements can also be edited and changed mutually.
What Are the Most Common Rental Disputes in Dubai?
The typical rental disputes that can arise between a landlord and a tenant can vary in disagreements such as:
- Increase in rent
- Unpaid rent as at when due
- Failure of maintenance
- Invading a tenants property without their knowledge
- Demanding a rent deposit without prior notice
- Not heeding to the complaint of a tenant concerning the property
- Renovating or modifying the property without the consent of the landlord
- Failure of tenants paying their bills.
An expert rental dispute lawyer can help resolve these disputes and more as the case may be. They also recommend that every tenancy agreement be registered with the Dubai Land Department.
What Are the UAE Eviction Laws?
The law dictates how an eviction must be carried out. These laws are severely enforced in the UAE and are mainly in the tenants’ best interests. The Real Estate Regulatory Agency is in charge of overseeing all real estate-related matters (RERA). RERA is one of the Dubai Land Department’s regulatory arms (DLD).
This agency has enacted regulations that govern the interaction between tenants and landlords. The laws define each party’s responsibilities and the process involved in the event of a dispute.
- According to Article (4) of Law (33) of 2008, the landlord and tenant must guarantee that a legal tenancy contract is registered with RERA through Ejari, together with all verified documentation.
- According to Article (6) of the Law, upon expiration of the tenancy contract and the tenant does not vacate the premises with a formal complaint from the landlord, it is automatically presumed that the tenant would want to extend the tenancy for the same duration or one year.
- Article 25 specifies when a tenant can be evicted while the tenancy contract is still in effect, as well as the terms for evicting a tenant after the agreement has expired.
- In Clause (1), of Article (25), the landlord has a legal right to remove a tenant who fails to comply with any obligation within 30 days of being notified of the tenancy expiration. Clause 1 outlines nine circumstances in which a landlord may seek the eviction of a tenant before the contract ends.
- In Clause (2), of Article (25) of Law No. (33) of 2008, the landlord is required to serve a notice of eviction to the tenant at a minimum period of 12 months if he wishes to evict the tenant after the contracts’ expiration.
- Article (7) of Law (26) of 2007 reaffirms the principle that either party may not unilaterally cancel legal rental agreements unless both parties agree.
- Article (31) of Law (26) of 2007 specified that once an eviction action has been filed, the tenant is responsible for paying the rent until the final judgment is rendered.
- According to Article (27) of Law (26) of 2007, the tenancy contract will be continued upon the death of either the tenant or the landlord. The lessor must give a 30-day notice before terminating the lease.
- The tenancy will not be affected by the transfer of property ownership to a new owner, according to Article (28) of Law (26) of 2007. Until the lease contract expires, the current tenant has unrestricted access to the property.
Rental Expert Lawyer can Help you Resolve
A rental dispute can be resolved if both parties are willing to deal with the legal proceedings and laws guiding the tenancy agreement. But if none is willing to comply, contacting the services of an expert rental dispute lawyer will be the best option.