Tag: real estate lawyers

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Tenancy And Rent Disputes In The UAE

Since foreign residents began buying homes in the UAE, the rental market’s economics has also expanded. As property owner you would need to optimize your rental income while also making sure that your rights were safeguarded. Tenancy and rent disputes have consequently emerged as one of the most typical legal issues in the United Arab Emirates.

The UAE government responded by passing the Tenancy Law, which lays out the fundamental guidelines for the conclusion and registration of rental and leasing agreements. The rights and responsibilities of landlords and tenants are also governed by the tenancy legislation. A contract that must be recorded with the Real Estate Regulatory Agency (RERA) governs this. This agreement cannot be terminated early without the other party’s consent, and in that case, previous (at least three-month) notice would be necessary.

If a landlord and tenant have a dispute, it is likely that legal counsel will be needed to resolve the matter in the best possible way. The renter and the owner may be represented by rental dispute lawyers in this situation, assisting both parties in handling the case in the Dubai Rental Disputes Centre and coming to a mutually agreeable conclusion.

Legal Assistance With Tenancy Disputes

Rental disagreements between landlords and tenants frequently stem from rental pricing. Most of the time, it makes perfect sense for both parties to carefully analyze the rights and responsibilities mentioned in the rental agreement in order to prevent disputes. Given these factors, it is preferable to work with a rent dispute lawyer in the UAE who focuses on matters involving rental properties because they have a lot of expertise managing these types of disputes. The following are the services this attorney can provide in tenancy disputes:

 

Legal Analysis – A specific tenant and landlord law situation might prompt Expert Rental Dispute Lawyers to search for pertinent laws. They have access to legal databases, which can make researching cases quicker and easier. The legal studies will help your case by acquainting you with your rights, obligations, and responsibilities as a citizen as well as a landlord or tenant.

 

Examining Relevant Documentation and Providing Advice: You can get help from a professional rental dispute lawyer to find any holes in your rental agreement. It is important for tenants to know that some landlords include an attorney’s fee clause in a rental or lease agreement in order to avoid needless legal disputes. If this clause is in your rental or lease agreement, you’ll be eligible for repayment of your legal fees and other related costs if you prevail in your case against the landlord.

 

According to the tenancy legislation, a contract must be signed and registered with the Real Estate Regulatory Authority before relocating into a house, an apartment, or any other type of property in the United Arab Emirates. The following are some of the elements listed in the contract law’s tenancy agreement:

  • The landlord’s duty and rights
  • Tenant rights and responsibilities
  • The duration, amount, and frequency of payments under the contract, as well as the location of the rental property
  • Other arrangements between owner and renters that are essential

Landlord’s obligations to tenants include:

  • Maintain the unit for the duration of the lease and rent it out in livable shape. Make any necessary repairs as per the contract
  • provide you with the necessary service
  • not raise the rent unless it complies with Dubai’s statute prohibiting rent increases
  • Unless you committed a mistake, give your security deposit back

As an owner, you have a right to expect your tenant to:

  • undertake to use your residential property lawfully
  • pay rent in full and on time, and not engage in any conduct that is forbidden by the agreement
  • not cause damage to the property
  • not offer lodging to those not covered by the leasing agreement
  • respect and adhere to the contract

A dispute may be started by either the landlord or the renter if any of these are broken.

 

What Are Dubai’s Most Common Rental Conflicts?

The common rental conflicts that may occur between a landlord and a tenant include:

  • Rent increases
  • Late, unpaid rent
  • Inadequate upkeep
  • Landlord trespassing on a tenant’s property without authorization
  • Requesting a security deposit for rent without warning
  • Landlord disregarding a tenant’s complaint about the property
  • Tenant making changes to the property without the landlord’s approval
  • Failure of tenant to pay their bills

 

How Is Eviction Enforced In The UAE?

The legislation governs the manner in which an eviction shall be conducted, which actually is in the tenant’s best interests. All real estate-related matters are under the control of the Real Estate Regulatory Agency (RERA). One of the regulating branches of the Dubai Land Department (DLD) is RERA and tenant-landlord interactions are governed by RERA laws, which outline each party’s obligations and the steps that should be taken in the case of a disagreement.

 

According to Law (33) of 2008’s Article (4), the landlord and tenant are responsible for ensuring that a valid lease agreement and all supporting papers are registered with RERA through Ejari.

When a tenant may be removed while the tenancy agreement is still in force, as well as the conditions for evicting a tenant after the contract has ended, are specified in Article 25.

According to Article (6) of the Law, if the tenant does not leave the property after receiving a formal statement from the landlord and the tenancy agreement has expired, it is believed that the tenant wants to renew the tenancy for the same period of time or one year.

The circumstances under which a landlord may attempt to remove a tenant before the contract’s expiration are outlined in Clause 1.

According to Article (25)’s Clause (1), the landlord has the legal authority to evict a tenant who doesn’t follow any rules within 30 days of being informed that the lease is about to end.

Clause (2) of Article (25) of Law No. (33) of 2008, indicates that if the landlord wants to remove the tenant after the contracts have expired, he must provide the tenant a notice of eviction for a minimum of 12 months.

According to Article (31) of Law (26) of 2007, the tenant is obligated to pay the rent up until the final decision is issued once an eviction action has been launched.

The tenancy agreement will be continued upon the death of either the tenant or the landlord, in accordance with Article (27) of Law (26) of 2007. The lease can only be ended by the lessor with a 30-day notice.

The transfer of property ownership to a new owner will not have an impact on the tenancy, according to Article (28) of Law (26) of 2007. The present Tenant shall have unlimited access to the Property until the termination of the Lease.

In conclusion, while resolving a rental disagreement may be a drawn-out process, it is possible if both parties are prepared to deal with the legal processes and rules governing the tenancy agreement. If either one thinks otherwise, it is best to consult an expert rental dispute lawyer to help sort it out.

 

 

real estate law in dubai

Duties of a Property Broker in UAE

Duties of a Property Broker in UAE | Property Lawyers in the UAE

Being a Property Broker in the UAE is effectively being the middle man between the buyer and the seller in relation to change of ownership of a fixed asset (a property)

As per property laws of UAE, the duties and responsibilities of a broker include:

a- Verify if the property title deed is genuine
b- Keep a record of all transactions with supporting documentation
c- Not be a part of or facilitate any transaction that is against the law
d- The broker and the developer are governed under a contract that should be registered with the Dubai Land Department (DLD)
e- The broker may take copies of the documents relating to the property for the transaction
f- Confidentiality
g- As per trusteeship rules, act as a trustee on behalf of the client
h- Carry out due diligence to ensure the developer is in good standing and is registered with the DLD
i- In the event of a breach of contract, as per law the broker should give up fees or claims
j- Where more than one broker is engaged, they are to be held jointly responsible for the transactions unless otherwise specified.

court building in dubai

When to pursue a case in the Court!

Pursuing a case in the Court | File Case for property dispute

If there is any dispute against you such as property disputes then you have to hire a lawyer, take it to the court and fight for your rights. The question may arise in your mind about the investment you will make and the time you will spend, is it worth it?

Whatever the situation is the law firm which possesses experienced lawyers can predict or evaluate the outcome, and for that reason, you need to make the relationship between the plaintiff and the client excellent.
There are few things you need to consider for the dispute,

a- Law to be applied
b- Jurisdiction of the local courts
c- Evidences

Finally, we should evaluate the chances of execution of judgment in our favour and the reward. This will all depend on,

a- Is it a person or an independent body (a company or an establishment)?
b- Does that person or independent body has enough assets to be taken over in case if he refuses to execute the judgment
c- What is the type of independent body, is it a company or an establishment? And what are its types

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