I rented an apartment in Downtown Dubai from February 2013 until January 2014. I am no longer in Dubai but the landlord has contacted me to inform me that they have received a bill for chiller charges from Emaar during the time I was renting the apartment. Am I liable for these charges as I no longer live in Dubai? My contract stipulated that Dewa and chiller charges were for my account, but I settled the Dewa bill before leaving. SC, Unknown
I will be very specific in my response and use the same words you have and that is “chiller” rather than A/C so there is no confusion. For properties where the “chiller” charges are levied against the maintenance fees, these are normally paid by the landlord as it is his responsibility to pay the maintenance/service charges of the property. If, however, when you say chiller you mean A/C consumption charges, then these would normally be paid by the consumer, ie the tenant.
The fact that your contract stated you are/were liable for Dewa and chiller will unfortunately mean that you would still have to pay these charges for the period that you were the tenant in the property.
I rent a studio flat in Silverene in Dubai Marina. My landlord is Russian and I have never met him. Last year, my agent made me sign a non renewable contract to end in April 2015, effectively giving me one year's notice. I signed the contract and asked for proof that the landlord wants to sell the property to move into it himself or for his immediate next of kin. The agent sent me an email saying: "The landlord will use the apartment as his holiday/rest home during his frequent travels and stay in Dubai instead of renting hotels." How does it work in this situation as he will not use the property 100 per cent? Is it enough for me to be forced to leave the flat? PB, Dubai
When a landlord wishes to take back his property for the reason of personal use, this is perfectly legal but he cannot relet the property for two years from your eviction date. Whether he then uses it permanently or infrequently stays in it as his holiday home is obviously his business and unfortunately there is little that you can do about this. The landlord does not have to prove how he uses his property to you but your only saving grace is that if you do subsequently find out that after you have vacated, he has actually gone on to relet it to someone else during this two-year period, then you can go to the rental committee and file a case against him. One thing he does have to prove, however, is that he does not own another suitable alternative property.
Lastly, signing a non-renewable contract is not recognised by law and therefore not enforceable irrespective of whether you have signed it or not. The only way he can get vacant possession of his property – providing, as stated, he does not own another suitable alternative property – is to send you a notification to vacate either via notary public or registered mail giving you 12 month’s to vacate.
I have two apartments rented out in Dubai and I plan to move into the biggest one. I'm currently living in South America and do not have a clue where to start to give the tenant notice to move out. How do I do that from here? Do I have to travel to Dubai and go to the court? How I can organise a registered courier? NC, South America
Under law 33 of 2008, the correct way of gaining vacant possession of your property for the reason of moving in yourself or your immediate next of kin is to send an eviction notice to your tenant via Notary Public or Registered Mail, giving 12 months’ notice to vacate.
As you live in South America, you do not need to travel to Dubai to do this; just send this letter via Registered Mail (using couriers such as DHL, Aramex, FedEx and so on) stating the reason for eviction and the required notice period in your notice. Remember, that you will not be able or allowed to relet the property for a period of two years after the date the tenant vacated.
Mario Volpi is the managing director of Prestige Real Estate in Dubai (prestigedubai.com). He has 30 years of property industry experience in the emirate and London. Send any questions to mario@prestigedubai.com
The advice provided in our columns does not constitute legal advice and is provided for information only. Readers are encouraged to seek appropriate independent legal advice
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