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Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
Lawyer
Hi there, I am a renter who is stuck in very...
Hi there, I am a renter who is stuck in very unfortunate situation, I rented an apartment in a good condition but later on due to bathtub and water heater leakages the apartment is cover with mold, also mold was detected in A/C unit by legal inspector, currently I live with my friend and I tried to negotiate with my landlord to waive one month rent which is the duration of maintenance that would be carried out by the landlord, but she refuses to compensate and only agrees to let me stay additional 10 days after expiry of contract date which I do not need. Please advise on this matter, thanks
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إجابة الخبير: Waleed Al-Helo
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
We would like to inform you that according to the Rents Law in UAE, the emirate in which you reside and to the law, the tenant must carry out maintenance work for the purpose in order to enable the tenant to benefit from the rent
By referring to the text of Articles 742 and 770 of the Civil Transactions Law, which stipulates that the lease is a consensual contract, which is the ownership of the lessor to the lessee, a intended benefit from the leased thing for the duration of the lease term. It is not permissible for the landlord to be exposed to this benefit, otherwise he is a guarantor of the damage caused to the tenant.
Also, the lessor’s entitlement to the rent is mandated to enable the lessee to benefit from the leased property and his obligation to remove any obstacles that prevent this use, whether it is the result of material or legal exposure, otherwise the lessee would have to request annulment or reduce the rent, and the fee will fall for the amount of what he missed from the benefit In implementation of articles 745, 763 and 771 of the aforementioned Civil Transactions Law.
Consequently, it is possible to go to the municipal court and institute a cancellation of the lease agreement with proof of what has been mentioned at the court for the purposes of canceling the lease contract and recover the insurance amount from the lessor
By referring to the text of Articles 742 and 770 of the Civil Transactions Law, which stipulates that the lease is a consensual contract, which is the ownership of the lessor to the lessee, a intended benefit from the leased thing for the duration of the lease term. It is not permissible for the landlord to be exposed to this benefit, otherwise he is a guarantor of the damage caused to the tenant.
Also, the lessor’s entitlement to the rent is mandated to enable the lessee to benefit from the leased property and his obligation to remove any obstacles that prevent this use, whether it is the result of material or legal exposure, otherwise the lessee would have to request annulment or reduce the rent, and the fee will fall for the amount of what he missed from the benefit In implementation of articles 745, 763 and 771 of the aforementioned Civil Transactions Law.
Consequently, it is possible to go to the municipal court and institute a cancellation of the lease agreement with proof of what has been mentioned at the court for the purposes of canceling the lease contract and recover the insurance amount from the lessor
إسأل Lawyer
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
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