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Q1. I am living with my family in an apartment at Al Qusais in Dubai. The management had told me that it is a family building but after shifting, I realised that many bachelors have been living in the nearby apartment on sharing basis. I have daughters and these bachelors stand outside the apartment and keep looking at our flat and at us, whenever our flat door is open. I have complained to the real estate company several times but they say that they can't do anything about it. Is it legal to rent out flats for sharing - eight to 10 boys in a single flat?
Answer:
Pursuant to your queries, it should be understood that the Dubai Municipality on several occasions has released notifications requesting the bachelors in Dubai not to reside in the residential areas. Bachelors are only allowed to reside in the areas as specified by the Dubai Municipality. Even though Dubai Municipality has allowed the bachelors to live together in a shared accommodation in specific areas, there is a restriction on the number of bachelors that can live in each room depending on the area of the room.
Since you have already made a complaint to the real estate agent of the building and as there is no positive response from them, you may now approach the Dubai Municipality for resolution of your grievance. Further, you may also approach the Dubai Rental Dispute Centre and file a complaint against the landlord for not allowing you to have peaceful possession of the rented premises as well as against the said bachelors. This is in accordance with the Article 770(1) of Federal Law No. 5 of 1985 on the issuance of The Civil Transactions Law for the UAE. It states: "A lessor may not cause any nuisance to a lessee in enjoying the benefit during the lease period and shall not make any change in the leased entity that prevents its benefit from being received or prejudices the benefit contracted upon; otherwise, he shall be liable, therefore."
Based on your complaint the Dubai Municipality and the Dubai Rental Dispute Centre may call upon your landlord to evict the said bachelors from their apartment. This is in accordance with the Article 25 (1)© of Law No. 33 of 2008 Amending some provisions of Law No. 26 of 2007 Regulating Relationship Between Landlords and Tenants in the Emirate of Dubai, which states: "Landlord may demand eviction of tenant prior to expiry of tenancy period if tenant uses or allows others to use, the property for illegal or immoral activities." It is also a criminal offence if an individual or group of individuals behave immorally with women in public or other places. This is in accordance with the Article 359 of the Federal Law No. 3 of 1987 on the issuance of Penal Code. It states: "Whosoever attempts to disgrace a female by words or by deeds in a public street or frequented place, shall be punished by detention for a period not exceeding one year and by a fine not exceeding Dh10,000, or by either of these two penalties."
KNOW THE LAW
Whosoever attempts to disgrace a female by words or by deeds in a public street or frequented place, shall be punished by detention for a period not exceeding one year and by a fine not exceeding Dh10,000, or by either of these two penalties."
Ashish Mehta is the founder and Managing Partner of Ashish Mehta & Associates. He is qualified to practise law in Dubai, the United Kingdom, Singapore, and India. Full details of his firm on: www.amalawyers.com. Readers may e-mail their questions to: news@khaleejtimes.com or send them to Legal View, Khaleej Times, PO Box 11243, Dubai
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