Dubai: Every year, when your lease contract is renewed, you are also required to update and renew your Ejari, which is the official online registration system for all lease contracts in the emirate of Dubai. However, who pays for the yearly update of Ejari – the landlord or the tenant? A Gulf News reader wrote in asking the question.
He said: “I have been a Dubai resident for almost 10 years now. For the past eight years, I had been living in the same apartment in Dubai, and every year when my lease was renewed, my landlord would send me the new lease contract, as well as the updated Ejari, via email. I never had to complete any procedure for this yearly process. However, two years ago, I moved into a new apartment. Recently, when my lease was due for renewal, my landlord said that I would have to apply for the Ejari renewal. Honestly, I don’t know the process or even how much it costs. But, mainly, I would like to know – isn’t the landlord supposed to apply for the Ejari? If you could clarify what the UAE’s laws say about this issue, I would really appreciate it.”
Gulf News raised the query with Dr Ibrahim Al Banna, CEO of Ibrahim Al Banna Advocates and Legal Consultants, who clarified the distinction between registering the lease contract with the Real Estate Regulatory Agency (Rera) and paying for the renewal.
The tenant, in the absence of an agreement to the contrary, must pay all the fees and taxes due to the government entities for the purpose of using a leased property.
“Speaking about the registration of Ejari, it is the responsibility of the landlord to register the Ejari with Rera. If the landlord fails to register the lease contract, the tenant has the right to register the same with Rera,” Al Banna said.
Payment for renewal of Ejari
Paying for the renewal, however, is the responsibility of the tenant, according to the law.
“As per Article 22 of Law No. 26 of 2007, the tenant, in the absence of an agreement to the contrary, must pay all the fees and taxes due to the government entities for the purpose of using a leased property. The service fee for the registration of the lease contract is Dh155,” Al Banna said.
So, while registering the Ejari is primarily the responsibility of the landlord, it can be done by the tenant if needed.
Paying for the renewal of the Ejari, however, is the obligation of the tenant, unless the lease agreement states otherwise.
How to register with Ejari?
A landlord or tenant have various options for applying for the registration and renewal of the lease contract. They can do so through:
• The ‘Dubai REST’ app, which is available for Apple and Android platforms.
• Typing centres approved by Ejari;
• Real Estate Service Trustee Centres. These are located at various locations in the UAE and can also be found at government centres like Al Twar and Al Manara.
• The Ejari website - https://dubailand.gov.ae/en/MyDLD/#/login?appId=1
Al Banna also provided the list of documents that are needed to register a lease contract for the purpose of registering the lease contract:
• Copy of the tenant’s passport of the tenant
• Copy of the tenant’s Emirates ID
• Original version or copy of the lease contract
• Copy of the title deed of the property
• An invoice from Dubai Electricity and Water Authority (Dewa) (to show that the metre is in the name of the tenant).