Dubai: Can a landlord charge extra fee for basement parking after setting the rent?
Question: I currently live in a two-bedroom apartment in Dubai, and my lease is up for renewal. While the rent increase aligns with the official rental index, my agent has informed me that the landlord now plans to charge an additional fee for the basement parking space, which was previously included free of charge. Is it legal for the landlord to introduce a new charge for an amenity that was earlier provided at no cost? What legal options do I have?
Answer: In Dubai, building amenities such as parking spaces are generally considered part of the rental agreement, and tenants are not required to pay additional fees for their use unless otherwise agreed in the contract.
This is clearly outlined under Article 11 of Law No. 26 of 2007 Regulating the Relationship Between Landlords and Tenants, which states:
"Unless otherwise agreed, the rent shall cover the use of the real property facilities, such as swimming pools, playgrounds, gymnasiums, health clubs, car parks, and other facilities."
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At the time of renewing a rent contract, both a landlord and a tenant may discuss and amend the terms of a proposed renewed rent contract, including the rent. If both a landlord and a tenant disagree on the renewal terms, the Dubai Rental Dispute Centre (RDC) shall be the deciding authority for the resolution of a dispute.
This is under the Articles 13 and 14 of the Law No. 33 of 2008 Amending Law No. 26 of 2007 Regulating the Relationship between Landlords and Tenants in the Emirate of Dubai.
When it comes to lease renewals, both landlords and tenants have the right to negotiate and propose changes to the rental terms, including rent amounts. However, if no agreement is reached on the proposed changes, the matter can be referred to the Dubai Rental Dispute Centre (RDC) for resolution.
Additionally, if either party wishes to make changes to the terms of a rental contract, they must provide at least 90 days' notice before the lease expires, unless both parties agree otherwise. This is under the Articles 13 and 14 of the Law No. 33 of 2008 Amending Law No. 26 of 2007 Regulating the Relationship between Landlords and Tenants in Dubai, which states:
"Article 13
For the purposes of renewing a Rent Contract, the Landlord and Tenant may, prior to the expiry of the Rent Contract, amend any of its terms or reconsider increasing or reducing the Rent. If the Landlord and Tenant fail to reach an agreement in this regard, the Tribunal may determine the fair Rent, taking into account the criteria stipulated in Article (9) of this Law.'
'Article 14
Unless otherwise agreed by the parties to a Rent Contract, where either party wishes to amend any of its terms pursuant to Article (13) of this Law, that party must notify the other party of this intent no less than ninety (90) days before the date on which the Rent Contract expires.'
In conclusion, your landlord should not impose an extra fee for an amenity that was previously included in your rent. You may wish to formally inform your landlord of your rights under the law. If the landlord insists on charging the additional fee, you have may file a complaint against the landlord with the Dubai Rental Dispute Centre.
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