Question: A year ago, I rented an apartment from a real estate office in a residential complex. In addition to the rent value, the real estate office asked me to pay fees for the services in the complex, including the swimming pool, gym, and parking lot for the second year, and fees for renewing the rental contract. It is also written in the rental contract that at the end of the contract, I must vacate for the purpose of using the property for the owner. Does the real estate office have the legal right to ask me to pay all of these fees that I mentioned? And if he is not entitled to demand these fees, do I have the legal right to ask him to return these amounts that I paid last year before the rent court if the real estate office refuses to return them amicably? And does he have the legal right to ask me to evict because the owner wants to use it? Please advise.
Answer: Regarding the swimming pool, gym and other utilities, you are not obliged to pay them, unless otherwise agreed between you and the landlord, according to what is stated in Article 11 of the Law No. (26) of 2007 Regulating the Relationship between Landlords and Tenants in the Emirate of Dubai and its amendments (Unless otherwise agreed, the Rent will cover use of the Real Property amenities such as swimming pools, playgrounds, gymnasiums, health clubs, car parks, and other amenities). You may file a case to recover such amounts if you do not have an agreement with the landlord to pay them.
Regarding the fees for renewing the rental contract, it is your responsibility unless otherwise agreed by the contract parties.
As for eviction, the landlord according to Article 25 of the mentioned law, may demand eviction of tenant upon expiry of tenancy contract in case he wishes to recover the property for his persona use 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. But for the purpose of this eviction, the landlord must notify tenant with reasons for eviction at least 12 months prior to the determined date of eviction subject that such notice be sent through the Notary Public or by registered mail. Which means that if he has another property or he did not notify you 12 months before, he will not be able to evict you.
Villa construction
Question: A year ago, I signed a contract to build my own villa with one of the contractors to be delivered within 14 months, but currently the completion rate has not reached 50%, and the contractor has also stopped working for a month. What is the appropriate action to take against the contractor? Do I have the legal right to replace him with another contractor? Do I have the legal right to demand financial compensation for the rent, knowing that I built the villa with the intention of renting it out? Please advise.
Answer: According to Article 878 of the Civil Transactions Law, the contractor shall warrant the results of his act and work against prejudice or loss whether or not caused by his trespassing or negligence and there is no warrant if this occurs from an accident that could not be avoided. The appropriate action is to send the contractor a legal notice to abide with the contract, otherwise you shall replace him with another contractor on his own expense and file a suitcase to cancel the contract, recover the amounts you had paid to him (if any), ask him to pay to the new contractor and claim the compensation for damages, loss and delay you had suffered.
According to Article 877 of the same Law, (the contractor shall perform his work according to the conditions of the contract. If it is established that he is fulfilling his obligations in a manner that is defective or contrary to the agreement, the owner may ask the immediate cancellation of the contract, if remedying the situation is impossible, otherwise the owner may summon the contractor to abide by the terms of the contract and rectify, within a reasonable time, the manner in which he is performing the work. If at the expiration of the fixed delay, the contractor fails to comply with this requirement, the owner may ask the judge the cancellation of the contract or authorise him to hand over the completion of the work to another contractor at the expense of the first contractor.)
