Question: I am staying in a rented apartment in Dubai. We have a communal swimming pool in the building. There is this family that brings their friends and relatives to use the pool almost every weekend. They spend hours in the pool, denying us the ability to use the common facilities. I complained to my real estate agency, but to no avail. How do I deal with this?
Reply: As per your questions, since you reside in a rented apartment in Dubai, the provisions of Law No. (26) of 2007 Regulating Landlord-Tenant Relations in Dubai (Dubai Rents Law) and those of Federal Law No. (5) of 1985 on the promulgation of the Law on Civil Transactions (Law on Civil Transactions) are applicable.
In Dubai, the tenant can take advantage of the facilities available or located in the common areas of the rented building, unless otherwise specified.
This is in line with Section 11 of the Dubai Rent Act, which states: “Unless otherwise agreed, rent will cover the use of real estate facilities, such as swimming pools, playgrounds, gymnasiums, clubs health, parking lots and other facilities. “Based on the aforementioned legal provision, as a tenant you have the right to use the swimming pool in your building.
In addition, it is the responsibility of the owner of the building to ensure the peaceful possession of the apartment rented to the tenant. This is in accordance with Article 770 (1) of the Civil Transactions Law, which states: “The lessor may not do anything which disturbs the lessee in his enjoyment of the leased property during the term of the lease and will not make any changes. to the goods which prevent or disturb this enjoyment, failing which it will be held liable. “
On the basis of the aforementioned legal provisions, as a tenant, you have the right to have peaceful possession of your rented apartment. This includes the use of equipment and common areas in said building, unless otherwise agreed in the rental agreement.
As the property management company does not take any action against the tenant who uses the swimming pool with his friends and non-resident relatives, you can contact your landlord as well as other tenants. You can report in writing any nuisance you feel as a result of the use of the building’s swimming pool by non-residents, and request measures.
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If your landlord does not accept your request, you can go to the Rental Dispute Center in Dubai and file a complaint.
Ashish Mehta is the Founder and Managing Partner of Ashish Mehta & Associates. He is qualified to practice law in Dubai, UK and India. All the details of his practice on: www.amalawyers.com. Readers can email their questions to: [email protected] or send them to Legal View, Khaleej Times, PO Box 11243, Dubai.