Confirm that he must pay the fees and taxes owed on the property

"Dispute Resolution": The tenant is obligated to pay the rent during the period of his dispute with the owner

The center confirmed that filing an eviction lawsuit does not exempt the tenant from paying the rent.

Photography: Ahmed Arditi

The Rent Dispute Settlement Center in Dubai confirmed that the tenant is obligated to pay the rent allowance throughout the period of the dispute between him and the owner, indicating that unless a final decision is made in the case, the tenant remains obligated to pay.

The center stated to "Emirates Today", that the tenant is also obligated to pay the fees and taxes due on the use of the property to government agencies and departments, as well as any fees or taxes prescribed for subletting, unless the contract stipulates otherwise.

Evacuation suit

In detail, the Rental Disputes Settlement Center, the judicial arm of the Dubai Land Department, stated that filing an eviction lawsuit does not exempt the tenant from paying the rent for the entire period that it takes for the case to be examined, the issuance of a judgment and its implementation, stressing that the tenant must pay the rent allowance on its due dates.

The Center also confirmed in its justifications for a ruling in a rental dispute that the tenant is also obligated to pay all fees and taxes due on the use of the property to government agencies and departments, as well as any fees or taxes imposed on subletting, in accordance with Law No. (26) of 2007 amended by the law (No. 33) of 2008 regarding the regulation of the relationship between lessors and tenants of real estate in the Emirate of Dubai.

Requests

In the merits of the case, the center stated that the owner of one of the properties had asked the court to compel the tenant to pay the value of the value-added tax of 10 thousand and 971 dirhams, and it was also asked to compel him to hand over the owner a clearance from the Electricity and Water Authority in Dubai (DEWA) for the bills owed by the tenant until the date of eviction. Full, in addition to the fine of bounced checks by him.

Fine

The center explained that with regard to the fine request for bounced checks, the court rejected it due to exceptional circumstances in light of the Corona pandemic, as Article 287 of the Civil Transactions Law states that if the damage arose out of a force majeure, the debtor was not obligated to guarantee, Adding that since that was and the fine was considered a guarantee, and the period due for that fine was divided into two periods before and during the pandemic, the effect is extended in it because the request for a fine for the previous period was only completed during that pandemic, so the effect extends when it occurs and during it and is not due according to the text the previous.

tax

As for the value-added tax, it is indicated by the "settlement of disputes" that the court obligated the defendant to an amount of 5%, after the owner proves his registration in the register of the Federal Tax Authority.

Clearance

Regarding the obligation of the lessee to submit a clearance from the Electricity and Water Authority, the tenant is obligated to hand over the clearance to the owner, because the owner aims from that request to rid the tenant of his obligations to other parties, provided that what is contrary to that is mentioned in the lease contract.

The tenant is obligated to submit to the owner a clearance certificate from the Electricity and Water Authority.

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