Can my community deny access to parking and facilities if I signed a tenancy contract but no Ejari?

In Dubai, registering a tenancy agreement with the Ejari system is a legal requirement to document the tenancy relationship between the tenant and the landlord, but it is not a condition for the validity of the tenancy agreement itself.

As long as you have a valid and fully paid tenancy agreement, you are entitled to use all the facilities covered by the agreement, including parking and shared facilities.

You cannot be denied access due to a delay in Ejari registration, especially if the delay is beyond your control.

If your residential complex has denied you access to your allocated parking space or the facilities you are entitled to under your contract, you can initially contact the complex management and present your tenancy agreement as proof of your right to use.

If they continue to deny you access, you can file a formal complaint with the Dubai Land Department (RERA) or the Rental Disputes Center.

If security actually prevents you from entering your private parking space despite having a valid tenancy agreement, you can contact the police to request their intervention, as preventing you from using your legal right to the property without a court order could be considered unlawful.

However, it is preferable to attempt an amicable solution first with the complex management before resorting to legal authorities to avoid any unnecessary escalation.

Good afternoon,

Thank you for reaching out!

In response to your questions:

1. Does the community have the right to deny access to parking and facilities without Ejari?

While community rules may require an Ejari for facility access, legally, a signed tenancy contract is valid proof of tenancy. Denying access could be considered an unfair restriction.

2. What can you do if they refuse access?

If you have a valid contract and have paid rent, you may raise a complaint with the Dubai Land Department (RERA) or file a legal notice through a lawyer to assert your rights.

3. Can you call the police if security blocks your parking?

If the lease includes parking, preventing access may be unlawful interference with your tenancy rights. You may involve the authorities if your legal rights are being violated.

Dear Sir/Madam,

Good afternoon, and I hope this message finds you well!

Thank you for reaching out regarding your concerns about access to community facilities and parking while awaiting your Ejari registration. Please find below a detailed response to your queries:

1. Does the community have the right to deny access to facilities and parking without Ejari?

As per Dubai’s tenancy laws, the community management does not have the legal right to deny you access to facilities or parking if you have a valid tenancy contract and have paid your rent in full.

Article 11 of Law No. 26 of 2007 (Dubai Rental Law) states that tenants are entitled to full use of the property and its amenities as agreed in the tenancy contract unless otherwise specified.

While Ejari registration is required for official purposes (e.g., filing disputes or utility connections), it is not a prerequisite for accessing amenities if your tenancy contract is valid and signed by both parties.

2. What should you do if denied access?

If the community management denies you access despite having a valid tenancy contract:

- Step 1: Communicate formally with the community management, providing a copy of your signed tenancy contract and proof of rent payment. Request written clarification on their policy regarding facility access without Ejari.

- Step 2: If they persist in denying access, escalate the matter by filing a complaint with the Real Estate Regulatory Agency (RERA) or the Rental Dispute Settlement Centre (RDSC) in Dubai. These authorities handle tenancy-related disputes and can intervene to resolve such issues.

3. Should you call the police if denied parking access?

Calling the police should generally be considered a last resort. While it is within your rights to involve law enforcement if you are being unfairly prevented from accessing your designated parking space, it is advisable to first attempt resolution through RERA or RDSC, as they specialize in handling tenancy disputes and are better equipped to address such matters.

Additional Recommendations:

- Expedite Ejari Registration:

While you may not legally require Ejari for facility access, completing your Ejari registration as soon as possible can help avoid further complications with community management or other services.

- Document All Communications:

Keep records of all correspondence with community management regarding this issue to support your case if needed.

- Review Your Tenancy Contract:

Ensure there are no specific clauses in your contract that condition facility or parking access on Ejari registration.

As a tenant with a valid tenancy contract, you are entitled to full use of the property and its amenities unless explicitly stated otherwise in your agreement.

If denied access, escalate the matter professionally through RERA or RDSC, but ensure all efforts at amicable resolution are made first.

Should you require further assistance or guidance, please do not hesitate to reach out.

I wish you a swift resolution and a pleasant day ahead.

Yours sincerely,

Dear questioner,

If Ejari registration is a requirement in the community regulations, they have the right to restrict access to facilities, including parking.

However, if you have a designated parking space in your tenancy contract, the restriction may be unlawful. You can communicate with the community management and provide your tenancy contract and proof of payment to resolve the issue amicably.

If the restriction continues without a valid legal reason, you can file a complaint with the Dubai Municipality or RERA. Going to the police should be the last resort if you are unfairly denied access to your designated parking space.

For further legal assistance, feel free to contact me.

Mohamed Salah Shoeib

Legal Consultant

Hello,

While the tenancy contract is valid and the rent is paid, the community or building management may have the right to restrict access to amenities (including parking) until Ejari is completed, as it is part of their standard operational procedures and compliance with local laws.

So, yes, they likely have the right to deny you these privileges. You can contact the Dubai Land Department (DLD) or the Real Estate Regulatory Agency (RERA) if you believe your rights are being violated.

They are the relevant authorities for tenancy-related matters in Dubai. If security denies you access to the parking despite having a valid contract, escalate the issue to the property management or community manager.

Provide them with a copy of your tenancy contract and clarify that you are in the process of completing the Ejari registration.

1. Does the community have the right to deny me access to parking and facilities if I have a valid tenancy contract but no Ejari?

While a signed tenancy contract establishes your right to occupy the property, communities often link access to facilities and parking to Ejari registration.

However, the community must act reasonably. Completely denying you access to your parking spot, that is part of your rented property, could be considered unreasonable.

2. If they have the right, then that's okay. But if they don't, what should I do if they stop me from using my parking space?

First, communicate with the community management in writing (email) to explain the situation and request access.

Provide them with a copy of your signed tenancy contract. Ask them to provide you with the specific community rule that justifies their denial of access. If they are not cooperating, consider sending a legal notice through the court.

3. Should I call the police if security denies me access to parking?

If the security guards are physically preventing you from accessing your parking space or engaging in harassment, you can call the police. But they don't have much influence over such things.

If you need further assistance, kindly share your WhatsApp number.

Good afternoon,

Thank you for reaching out with your concern!

Based on UAE tenancy laws, an Ejari registration is a crucial requirement for a tenancy contract to be fully recognized by government entities and community management.

However, if you have a valid tenancy contract signed by both parties and have paid the rent, your right to access the leased premises, including parking and facilities, should not be unreasonably restricted.

To address your questions:

1. Does the community have the right to deny access without Ejari?

While some community rules may impose restrictions until Ejari is registered, these rules should not override your contractual rights as a tenant. Denying access to your parking space could be seen as a breach of tenancy rights.

2. What can you do if they unlawfully restrict access?

First, formally communicate with the landlord and the community management, requesting written confirmation of their justification for denying access.

If they persist, you can file a complaint with the Rental Dispute Center (RDC) in Dubai, which handles tenancy-related disputes. You may also send a legal notice if necessary.

3. Can you call the police if security denies you parking?

If you are being unlawfully restricted from accessing your leased parking space, you can call the police to report the matter.

However, it is advisable to resolve this amicably with proper legal steps before escalating it to authorities.

Given the legal complexities, I can assist you in formally addressing this issue and filing a complaint if needed. Feel free to reach out to me via WhatsApp or phone to discuss this further.

Best regards,

Suhail Rana