أسئلة وأجوبة
أسئلة وأجوبة
3 متاح 3 • عرض الجميعهل ينطبق مؤشر مؤسسة التنظيم العقاري على الشقق الفندقية؟


2
س: سيدي/سيدتي العزيزة،
يرغب مالك عقار في زيادة الإيجار دون الالتزام بمؤشر مؤسسة التنظيم العقاري. ما هي حقوق المستأجر؟
أبلغني مالك عقاري في الوقت المناسب برغبته في زيادة الإيجار بشكل كبير. ويدّعي أن مؤشر مؤسسة التنظيم العقاري غير قابل للتطبيق لأنه شقة فندقية (نوع العقار في سند الملكية هو بالفعل "شقة فندقية").
مع ذلك، لديّ عقد إيجاري ساري المفعول. هل يعني هذا أن مؤشر ريرا قابل للتطبيق؟
شكرًا لك!



2023/10/02
380
RERA index vs rent valuation certificate: Which one prevails for rent renewal?


3
Q: Dear Sir/Madam,
Would you clarify whether the Rent Valuation Certificate supersedes RERA's Index for the rent renewal contract process?
My tenancy contract is dated 05.10.2023 for renewal. I agreed to increase the rent according to RERA's Index and sent him the RERA index calculation certificate, which shows a 5% increase.
However, he replied that, according to Law 43 of the year 2013, the rental index is not the sole reference for the benchmark rent that you have shared.
According to the law, he can request a rent evaluation certificate for this apartment, which is currently 20% higher than my rent. Therefore, the rent will now have to be according to the Rent Valuation Certificate.
I proposed to him to increase the rent by 7.5% instead of the 5% calculated by the RERA calculator. However, he insists on a 20% increase.



2023/06/14
647
What does the RDC consider in rent increase disputes, RERA Index or Land Department Valuation?
1
Q: Hi,
My rent renewal is due at the end of May.
My landlord wants to increase my rent by 35% while the RERA Index is stating a 0% increase because I am within the average rental rate.
The land-lord's management keeps responding back to me with the "valuation" report for an apartment that is vacant, not the apartment I am living in.
I keep responding to them that the RERA Index states otherwise and that I am entitled to a 0% increase. What should I do?

2023/05/25
345
المدونة القانونية
2 متاح 2 • عرض الجميعما يلزمك معرفته عند استئجار عقار في الإمارات العربية المتحدة 5
مقال في صورة مقابلة يتناول موضوع العقارات السكنية المُباعة بالتجزئة فيما يتعلق بالمسؤولية عن صيانة الممتلكات العقارية وتداعيات التخلُّف عن سداد الإيجار في الإمارات العربية المتحدة. مقتبس من المدونة الصوتية القانونية للمحامية لودميلا يامالوفا، مؤسسة مشروع لوجيكال مع لايلو.
2020/02/24
3933
إجراءات مركز فض المنازعات الإيجارية في دبي 21
تخضع العلاقة بين المستأجرين ومالكي العقارات في دبي للقانون رقم 33 لعام 2008 بشأن العلاقة بين مالكي ومستأجري العقارات في إمارة دبي. تتم إحالة منازعات الإيجار الناتجة إلى مركز فض المنازعات الإيجارية ("RDSC") الذي تم إنشاؤه بموجب المرسوم رقم 26 لعام 2013 للتوفيق بين الأطراف والوصول إلى حل ودي أو طلب إصدار حكم نهائي وإنفاذه من خلال مركز فض المنازعات الإيجارية.
2018/10/20
21363
قوانين وتشريعات
3 متاح 3 • عرض الجميعDecree No. (43) of 2013 Determining Rent Increases for Real Property in the Emirate of Dubai 9
This Decree determines the maximum percentage of rent increase for real property in the Emirate of Dubai when renewing lease contracts.
2013/12/18
13242
Law No. (26) of 2007 Regulating the Relationship between Landlords and Tenants in the Emirate of Dubai 12
The provisions of this Law apply to real property leased out in the Emirate of Dubai, including vacant and agricultural lands, but excluding hotel establishments and real property provided by natural or legal persons as accommodation to their employees at no charge.
2007/11/26
24290
Law No. (33) of 2008 Amending Law No. (26) of 2007 Regulating the Relationship between Landlords and Tenants in the Emirate of Dubai 8
Provisions of this Law supersede articles (2), (3), (4), (9), (13), (14), (15), (25), (26), (29), and (36) of Law No. (26) of 2007 Regulating the Relationship between Landlords and Tenants in the Emirate of Dubai.
2008/12/01
24954

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Is a travel ban automatically applied?
I looked on the Dubai Courts website, and it says the judge has issued a “reserved” order for my case.
Furthermore, when the bank emails, they threaten me with a travel ban. So I am assuming there is no travel ban issued (but I don’t know). I haven’t received any notice of a travel ban.
If there is a travel ban, how do I find out?
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I left Dubai 19 years ago without cancelling my visa. Is there anything to do to remove the travel ban? 0
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How does the trademark registration of a new trademark in the UAE work? 0
How does the trademark registration of a new trademark in the UAE work?
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How can I enter the UAE again if I left on an outpass due to the employer fleeing the country? 0
Dear lawyer
I seek help on whether I can return to the UAE or not. I exited the UAE on an outpass due to overstaying. I have been patient for more than 7 months.
I was advised that I am able to return to the UAE. The process was successful, and I traveled to the UAE, but I was denied entry to the UAE at immigration. Why?
I was only overstaying, I hadn't been a criminal, just my boss refused to do a visa for me.
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An off-plan developer is requesting future cheques for payment installments. Is this normal? 0
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During the notice period, is an employee allowed to take sick leave? 0
Hello,
During the notice period, is an employee allowed to take sick leave? If not, can the employer deduct the sick leave from the employee’s end-of-service benefits?
Additionally, what is the legal basis for this? Specifically, which law or ministerial decision governs this matter?
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Can I request reopening a civil case if the judgment was in my absence due to sending notices to the wrong address? 0
Lawyers misunderstood my question. Please read carefully and then guide me.
Case Type: Civil Case
Claim amount: 400,000
Paid: 65,000
Reason: Commercial agreement of supply
Emirate: Ajman
This case was registered in 2022. The judgment was in my absence, as notices were sent to the wrong address.
I was sent to jail. I made a down payment, bailed, and paid some more amount as installments. The total paid amount is AED 65000.
Now, again, an arrest warrant is issued as I did not pay the remaining 335,000 of the claim.
According to me, I had to pay only this amount because the executioner made a wrong claim, not as per the genuine claim.
So I want to reopen the case file.
I want the court to reinvestigate and start the case from scratch.
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2) What documents are required?
3) Chances of reopening of case?
4) Cancellation of arrest warrant
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I booked a hotel stay for Eid through a travel agency and it was canceled two days before Eid. What to do? 0
I booked a hotel stay for Eid through a travel agency two weeks before Eid. The travel agency confirmed the booking on payment.
One day before Eid, the agency reached out, saying they had an issue with the supplier/hotel and the booking would be cancelled.
They offered alternative hotels that didn’t match the original property. I suggested some properties, and they couldn’t arrange them, or they asked for further payment, so I didn’t book anything through them.
What are my rights to a refund and compensation, as I had to book other arrangements separately at a significantly higher cost due to the last-minute prices?
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How can I renew my Ejari if the landlord hasn’t signed the new contract? 0
Hi,
I have been here for 3 years now and paid the increased amount (as per the agreement) for the 4th year.
However, the landlord did not send me back the signed contract, although I have both made the payment for the full year via bank transfer and sent my signed contract to him.
I need to renew my Ejari; however, how can I do it without the landlord's signature?
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عرض الجميعIs it legal to reduce the salary after signing an employment contract? 0
Hello,
Is it legal to reduce the salary after signing an employment contract?
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Can the owner of a company escape if there is a cheque execution and travel ban on him? 0
I raised a cheque execution case against a company and its owner and won. There is a travel ban on him. I was receiving installments for three months and now he stopped paying.
The court after request summoned him. In total, he paid only 30% of the owed money. I found that his company license is expired and also in the month his visa will expire.
Does he have any option to avoid payment?
Please note he was deceived by showing no money in his bank account and no assets in his name but he is running multiple businesses.
Also a month ago, he tried to convince me to lift the travel ban but I refused to do so. But he submitted a guarantee and left UAE.
Now the status shows he is back in the UAE and the travel ban imposed again. But after that, he stopped payment.
Is there a 1% chance of him not paying me the remaining money?
Is there a way he can leave the country through the Amnesty program or any of this sort?
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In EMARATAX, must two licenses for the same activity in different emirates register separately? 0
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In EMARATAX (The Federal Tax Authority), if someone has two licenses in different emirates for the same activity, does he need to register two taxable persons, or how should he proceed?
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Can a developer demand extra payment for a 30% size increase after handover? 0
Hello,
I purchased a one-bedroom off-plan unit in Dubai from a well-known developer under an SPA specifying an area of 801 sq. ft. I completed all payments as per the developer’s payment plan, and the unit was handed over to me without a Title Deed.
After taking possession, furnishing the unit, signing a tenancy contract, and making repeated follow-ups to obtain my Title Deed, the developer informed me, 45 days after handover, that the actual area was 1,041.41 sq. ft., a 30% increase from the original SPA terms.
To receive my Title Deed, they are now demanding payment for the increased size.
Key issues:
- Failure to notify me before handover about the 30% increase in area.
- The SPA allows for price adjustments for area variations but specifies that such adjustments must be reflected in the final installment, which I had already fully paid before handover.
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I require legal advice based on RERA/DLD laws and the SPA.
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How to recover unpaid fees from a client who refuses to pay for online consulting services? 0
Hello,
A client of mine used our consulting services online and is refusing to pay. Despite multiple reminders, she still has not made the payment. What legal action can I take against her?
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