اختلاف مساحة الشقة الحقيقية عن المساحة المذكورة في عقد الإيجار

Dear Questioner,

Theoretically, yes. You have the right to file a case before the rent committee and claim for the reduction of the rent. However, the chances of winning such a claim are quite slim because of the below reasons:

1. On every occasion of rental, the tenant usually visits the unit for viewing and inspection of its conditions before signing the contract. It will be very hard to prove to the Committee that you did not see or notice such great variation in the space.

2. Every contract includes terms where the tenant verifies and confirms his acceptance of the unit's conditions after viewing and inspection and accepting to rent the unit as it is at the date of signing. Claiming that the 400 sq. ft. is a hidden default in the unit is not going to help you in this case.

3. You - as the tenant - should have received a copy of the Title Deed before you applied for the Ijari registration which means you saw and verified the title deed before the start of the contract. Why did you proceed with the rent anyway? You could have made such an objection at the time you saw the title deed - which is supposed to be even before signing the contract.

4. Are you renting at a value below the market price of the 400 square feet? This can be easily verified through the Dubai land department website and realtors portals. If not, then you definitely have not a chance to file a case to reduce the rent.

Based on the above, I would say that practically, such a case is not going to see success.

Regards,

Ahmed Elnaggar