Real estate agency

Ask the law: can a real estate agency charge tenants extra fees for access to shared facilities?

Question: A year ago, I rented a villa in a complex from a real estate agency. During the rental period I used all the resort facilities. However, currently, when renewing the lease contract, the real estate agency has asked me for an additional fee for using these facilities or for refraining from using them. My question is: Does the real estate agency have the right to charge such fees?

Responnse: Unless otherwise agreed between the parties, the rent covers the use of all the installations of the residential complex and the real estate agency is not entitled to ask for additional costs in respect of rental charges.

Article 11 of the Dubai Law No. 26 of 2007 regarding rental states: “Unless otherwise agreed, the rent shall cover the use of immovable facilities such as swimming pools, playgrounds, gymnasiums, health clubs , car parks and other facilities”.

Therefore, no one has the right to prevent you from using the unit or using the common areas or common facilities, for the purpose of forcing you to pay service fees or utilities.

This is also stipulated in Law No. (6) of 2019 “Regarding Ownership of Condominium Real Estate in the Emirate of Dubai”. Article (16) states: “Unless otherwise stipulated in the [real estate] unit rental agreement, the landlord will be required to pay service charges and usage fees”.

The owner is prohibited, in accordance with Article 34 of the aforementioned Law No. 26 of 2007, from disconnecting the services of the property or preventing the tenant from benefiting from the property. However, in the event of the occurrence of such incidents, the tenant must contact the police station of the same jurisdiction to justify his thesis or put an end to this prevention, and also file a file with the commission, attaching the minutes to the support, for the purpose of compensation. of any damage.

Claiming alimony from her husband

Question: I am a Muslim woman married to a Muslim man. My husband does not spend on me and my four children on the pretext that I own a business and have an income. According to my husband, a working woman has no right to demand alimony. My question is: am I legally entitled to recover all the amounts I spent on myself and my children? Am I legally entitled to file for divorce for this reason? Please advise.

Responnse: First, separation for abstention from alimony is a form of judicial separation, which can take place if the husband does not pay alimony to his wife. According to Article (124) (1. If the present husband abstains from supporting his wife and apparently has no funds from which he can pay, then the wife can petition for separation 2. If the husband claims to be insolvent, but if there is no proof, the judge orders an immediate divorce.If the husband keeps silent about his solvency or insolvency and insists on non-support, then , even if there is proof of his insolvency, the judge grants him a reprieve of not more than one month, after which, if he fails to comply with his duty to maintain his wife and children, the judge orders the divorce.)

The trial must be started before the Family Orientation Committee for divorce and custody with all their related alimony.

Second, you have the right to recover the amount you paid, provided you can prove that the non-payment by the husband occurred under the following conditions:

For the wife, Article 67 sets out the conditions for alimony as follows:

A) Alimony to the wife is due from the date of forbearance, when it is due as a debt to the husband, regardless of court order or agreement. It is acquired only by payment or receipt. A request for alimony for a period prior to more than three years from the date of the introduction of the legal action, can only be heard if it is imposed by agreement. For alimony is due to the wife by virtue of a valid contract, if she abandons her husband even fatally.

B) For the minor child who does not have financial resources, alimony is the responsibility of the father, in accordance with article (78), until the marriage of the girl or until the boy reaches the age where his comrades earn their living, unless he pursues his studies with normal success. The cost of maintaining a child falls on his father, if the mother cannot bring him up, and this must be considered as alimony. In case the child is lost or without funds or the father was unable to support him, then child support will be on his wealthy mother. But the mother can return the case to the father for the amount spent, in case his financial capacity improves and the expenses have been authorized by him or by the judge. Item(80).

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