Ask the law: Tenant seeks clarity on lease renewals and additional fees
Concerns raised over additional charges for use of facilities, lease renewal fees
Question: A tenant in Dubai asked:
A year ago, I rented an apartment from a real estate office in one of the residential complexes, and I used all the facilities in the complex, including a swimming pool, gym, and parking.
Currently, when renewing the lease contract, t`e real estate office asked me to pay an additional fee for using these facilities and also asked me to pay an amount for renewing the lease contract.
My question is: Does the real estate office have the legal right to ask for these requests? Please advise.
Answer:
To answer such question, I would advise the questioner the following: As a general rule, Article 11 of the Law No. (26) of 2007 Regulating the Relationship between Landlords and Tenants in the Emirate of Dubai states that the rent includes all facilities unless otherwise agreed upon in the contract: “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 it is not against law if the landlord requests such payments but you have the right to reject.
Regarding the amount for renewing the lease contract, it is also agreeable between the parties and the law doesn’t prevent the landlord from requesting such service amounts.
Moreover, Article 22 of the above-mentioned law provides that unless otherwise provided for by the lease, the lessee shall pay all the duties and taxes due on the use of the property to government bodies and departments, as well as any duties or taxes determined on subleasing.
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