Questions & Answers
Real property amenities and the right to terminate a lease
I have paid three cheques up until the end of November 2017 when it is being demolished. I need to move out into staff accommodation in August when the next cheque is due. The relationship with the landlord company is not great. I have had 4 cheques bounce. 2 - my fault, 2 - theirs. I am being charged 8 thousand for this which I will pay.
They have however not kept the swimming pool clean. I have many emails with photos showing the green pool and requests for it to be kept clean. Can I terminate the contract as they are not keeping it clean?
Dear tenant,
Your lease pertains to the premises mentioned in the lease agreement. Article 11 of the law Regulating the Relationship between Landlords and Tenants in the Emirate of Dubai states that unless otherwise agreed, the Rent will cover the use of the real property amenities such as swimming pools, playgrounds, gymnasiums, health clubs, car parks, and other amenities. Article 7 states that where a Tenancy Contract is valid, it MAY NOT BE unilaterally terminated during its term by the Landlord or the Tenant. It can only be terminated by mutual consent or in accordance with the provisions of the Law.
EARLY EXIT:
WITH THE INTERVENTION OF THE RENT COMMITTEE: Therefore if the real property amenities is unfit for use, you cannot terminate unilaterally, but approach the Rent Committee with a request that either the same be fixed under Article 11 of the law or you should be given the right to terminate.
WITHOUT THE RENT COMMITTEE: Alternatively, you can send a notice to the landlord, that you intend to terminate the lease and you could be required to pay two months’ rent to the landlord (after the expiry of the notice period) to terminate the contract and get your cheques back (if any).
We trust the above proves informative and answers your queries.
With Best Regards,
Mrs. Khan
