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Can a building management company report sub-leasing as an illegal activity?
Dear Lawyers,
Can the building management company file a police report stating that sub-leasing is an illegal entrepreneurial activity conducted without a license?
Are there any grounds for this? Even though sub-leasing does not require a license for a hostel.
Greetings,
Yes, he can, because reporting to the police is permissible for anyone. The duty to report to the police is a duty for everyone, a duty imposed by the law, not morals and chivalry.
Note that failure to report is considered a crime in the eyes of the law.
We are honored to provide you with legal support.
For further inquiries about your topic, you can come to our office or contact us via WhatsApp, phone, or email.
Hello,
Sub-leasing a residential property is regulated by the terms of the original lease agreement.
If the lease prohibits sub-leasing, the building management or landlord can take civil action for breach of contract.
If sub-leasing involves operating a business, such as a hostel, without the proper licenses, this could indeed be considered an illegal entrepreneurial activity.
Operating a hostel or short-term rental business requires specific licenses from authorities like the Department of Tourism and Commerce Marketing (DTCM).
For further assistance, kindly share your WhatsApp number.
Dear Questioner,
Subleasing is permitted only by the arrangements between the landlord and the original tenant by adding a sublease clause in the original tenancy contract.
Otherwise, it can be treated as a breach of contract and further procedures can be taken by the authorities.
If you need further clarification, you may contact us.
Greeting,
This is not a case where the police can simply assert that there is a sub-lease contract, which is prohibited by the renting and leasing laws in Dubai unless there is written consent from the lessor.
Thanks!
Dear Questioner,
The building management company can file a police report stating that subletting is an illegal business activity conducted without a license, to prove that the tenant violated the terms of the lease if the contract does not expressly state that the landlord agrees to sublet.
If anything else is required, don’t hesitate to contact us via email or call our offices in Dubai or Sharjah.
Jasim Al Haddad Law Firm
Legal Counsel and Consultations
Rental disputes are not within the jurisdiction of the police.
Anyone with a rental issue should submit their complaint to the Rental Dispute Settlement Center.
Thank you for your question regarding sub-leasing and whether building management can file a police report on the grounds of illegal entrepreneurial activity.
In Dubai, sub-leasing is regulated under specific conditions and agreements with landlords.
While sub-leasing may not always require a commercial license, building management can still raise concerns if they believe the activity violates the terms of the tenancy agreement or if the property is being used in a manner that contradicts local laws or regulations.
It’s crucial to review your lease agreement and ensure that your sub-leasing arrangement is fully compliant.
I’d be happy to look into the specifics of your case and advise you on the best way forward to avoid any legal complications.
Please feel free to reach out to me on WhatsApp or by phone at [-------] to discuss further.
Best regards,
Suhail Rana
Dear Questioner,
A building management company generally cannot file a police report regarding sub-leasing unless there is evidence of criminal activity associated with it; otherwise, it falls under civil matters related to lease agreements.