Case 1: John S, a British expat, rented an apartment in Palm
Shoreline last year and paid the annual rent in a single cheque.
In November, he was barred by the master developer from using any of the
common facilities (gym, swimming pool) since his landlord had not cleared the
service charge arrears. Despite several attempts, John’s landlord failed to pay
the dues. He still can’t use the common facilities. Left with no option, John
has decided to vacate the apartment once his lease expires this July.
Case 2: Rakesh Kumar, an Indian expat, has shifted to a new
apartment in JLT from Al Karama. He did serve the two-month notice to his
landlord before vacating the apartment. He was expecting his landlord to return
his deposit (one month’s rent), which he had paid in cash. His landlord has,
however, refused to return him a single penny, citing repair and renovation
needed on the apartment.
The standard rental contract in Dubai is a single page document, mentioning a
few clauses referring to the lease period, payment, etc, but quite often
landlords add riders to the contract to safeguard themselves of any losses.
Tenants hardly ever raise any objection.
Here is a checklist from Afridi & Angel, a Dubai-based law firm, that
will help you be vigilant while renting an apartment.
Ownership
check
Is the landlord the owner and is the property mortgaged? The landlord should
exhibit the original title deed to the tenant. If the tenant has concerns, the
landlord and the tenant can attend the Land Department to have the department
confirm the landlord is the owner and the property is not mortgaged. If the
property is mortgaged, the bank's consent is necessary before the property is
leased.
He isn’t
a dodger!
Has the landlord paid all outstanding service charges? The landlord should
exhibit a current statement from the developer/the owners association confirming
payment. This is important so the tenant has more comfort that the
developer/owners association will not try to restrict the tenant's enjoyment of
the ancillary services (eg the gym and the swimming pool).
Move in
ASAP
Is the property in an acceptable condition? Ideally, the period between the
tenant inspecting the property and the lease being signed should be as short as
possible. This reduces the risk that the property will have been damaged in the
interim period.
Penalty
clause
What is the term of the lease, and does the tenant have the right to
terminate the lease prior to the expiry of the term? Often the lease will state
that the tenant may terminate the lease at any time, but subject to payment of
two months' rent to the landlord.
Register
your lease
After signing the lease, the lease ought to be registered at the Dubai Land
Department through the www.ejari.ae.
Deposit
refund
Prior to the tenant vacating the property at the end of the lease, the
landlord and the tenant should both inspect the property to agree on how much
deposit should be returned. If the landlord is unable to attend the inspection,
the tenant could take photographic evidence of the property and submit that to
the landlord. Based on the photos, the landlord may be willing to return the
deposit to the tenant.
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