<b>Question: </b>I rent a two-bedroom apartment in Dubai. My <a href="https://www.thenationalnews.com/business/money/2023/08/17/uae-property-can-the-building-management-deny-access-to-my-apartment/" target="_blank">building's management</a> has been trying to increase the rent verbally for the past eight months. Some tenants gave in to the management’s demands, while others are trying to challenge the rent increase through legal means, and some may have moved out. Recently, the management started revoking the <a href="https://www.thenationalnews.com/business/money/2024/09/19/uae-property-can-my-landlord-serve-an-eviction-notice-during-my-tenancy-contract/" target="_blank">parking facility</a> in the building for some tenants, without warning. Parking had been granted by implication previously. Their demand is Dh5,000 ($1,361) and is based on the argument that the tenancy contract does not mention parking, therefore they have no obligation to provide it. I have read Article 11 of the <a href="https://www.thenationalnews.com/business/money/2024/05/16/uae-property-does-an-old-property-attract-same-rent-as-a-new-one/" target="_blank">Ejari</a>, which states: “Unless otherwise agreed, the rent will cover use of the real property amenities such as swimming pools, playgrounds, gymnasiums, health clubs, car parks, and other amenities.” I think it means that it is not necessary for parking to be even mentioned in the <a href="https://www.thenationalnews.com/business/money/2024/08/29/uae-property-is-a-tenant-responsible-for-paying-for-maintenance-on-the-rented-unit/" target="_blank">tenancy contract</a> because the Ejari, which I believe supersedes the tenancy contract, already covers this. Unless the management had mentioned something about parking in the tenancy contract, they should not be revoking it like this. I have also read that a studio, one-bedroom or <a href="https://www.thenationalnews.com/business/money/2024/09/13/uae-property-im-not-sure-if-im-renting-a-one-bedroom-apartment-or-a-two-bed/" target="_blank">two-bedroom apartment </a>should be allowed to have one parking space if the building is constructed in a way in which parking is available. A three-bedroom and above can have extra parking. Are my findings correct? Although I have explained the above to the management, they are not willing to discuss anything. <i><b>SK, Dubai</b></i> <b>Answer:</b> It is true that if the tenancy contract doesn’t mention any provision for parking, the clause in the Ejari contract does indeed take precedent. The part to focus on with this clause is “unless otherwise agreed”. Given there is nothing in the tenancy contract, the clause in the Ejari contract is valid. You are also right that in most cases studios, one-bedroom and two-bedroom apartments do normally come with one parking space at least. Presumably this was the case when the property was bought/sold. Therefore, unless the owner has expressly removed this right to park from the tenancy agreement, it can only be a tactic by the management to charge for a benefit that ought to be part of the total rent. <b>Q:</b> I have sent a notarised 12 months’ <a href="https://www.thenationalnews.com/business/money/2024/09/19/uae-property-can-my-landlord-serve-an-eviction-notice-during-my-tenancy-contract/" target="_blank">eviction notice</a> to my tenant for the reason of selling the property. After the expiry of 12 months, if the property remains unsold, can I rent it to a new tenant? Will a penalty be imposed and what’s the likely amount? Is there a legal way to avoid this penalty? Should the property be offered for rent to the tenant after he vacates? Will the Ejari be blocked by the <a href="https://www.thenationalnews.com/business/money/2024/10/03/uae-property-can-i-put-my-home-on-airbnb-after-evicting-the-tenant/" target="_blank">Real Estate Regulatory Authority</a> due to the eviction notice? <i><b>AK, Dubai</b></i> <b>A:</b> If your property remains unsold at the point of the 12 months’ eviction notice expiration, you cannot evict your tenant to just go ahead and let the property to someone else. The best thing to do would be to engage with the current tenant before the eviction, to ask whether they would want to stay on and renew for another year. The rent will be determined by the Dubai Land Department rent calculator. If, however, you do not communicate anything to your present tenant, they vacate and then discover you let the property to someone else, they could file a case with the Rental Dispute Settlement Committee to request compensation from you. The actual compensation amount can vary, but in previous cases it has been as much as the yearly rental plus costs. <i>Mario Volpi is head of brokerage at Novvi Properties and has worked in the property sector for 40 years in London and Dubai. The opinions expressed do not constitute legal advice and are provided for information only. Please send any questions to </i><a href="mailto:mario@novviproperties.com" target="_blank"><i>mario@novviproperties.com</i></a>