English
Special Conditions. The special conditions and terms must not conflict with the general terms and conditions and applicable legislation in the Emirate.
Section "A" — Preamble
- This preamble is an integral part of this contract and shall be read in conjunction with it.
- This contract (and any subsequent amendments) shall be governed by the real estate laws applicable in the emirate where the leased unit is located within the United Arab Emirates.
- The lessor grants the lessee the right to use the leased unit for the duration of this contract, in accordance with the terms, conditions, and undertakings stipulated herein.
- The lessee shall comply with the rules and regulations applicable to the use of the buildings common areas and facilities (such as the swimming pool, health club, etc.) and adhere to all instructions contained therein throughout the period of their occupancy of the leased unit.
- The lessee acknowledges having read and understood all the terms and conditions governing this contract and applicable to the lessor.
- The lessee acknowledges and agrees to the lessors schedule of rates and fees, which is displayed at all of its branches.
- The lessee acknowledges and agrees to the lessors right to make any amendments to the schedule of rates and fees. Such amendments shall be binding on the lessee, even if made during the term of this contract, by posting them at all of the lessors branches. A copy of the amended schedule shall be provided to the lessee upon request. These changes shall be effective and binding immediately upon their announcement at the landlords branches.
- If the tenant violates any of the terms and conditions of this contract, the landlord may take the necessary legal action against the tenant. The landlord may also terminate this contract and require the tenant to vacate the unit.
- By signing this agreement, the tenant acknowledges having thoroughly inspected the leased unit, eliminating any ambiguity, and confirming that the unit is in a suitable occupancy condition, and hereby agrees to sign this contract.
- This contract shall be automatically renewed for a similar period under the same terms and conditions unless the landlord or tenant notifies the other party in writing of their desire to terminate the contract or the landlords desire to amend its terms. This notification must be given three (3) months prior to the expiry date if the unit is leased for commercial purposes, and two (2) months prior to the expiry date if the unit is leased for residential purposes. If the tenant fails to provide such notification within the aforementioned timeframe, the contract shall be considered renewed for a similar period, and the landlord reserves the right to impose penalties in accordance with the landlords approved schedule of rates and fees.
Section "B" — Tenant Obligations
- The tenant is obligated to pay the annual rent specified in the contract details to the landlord, according to the method and dates stipulated, without delay or default.
- The tenant agrees that the rent amount during the term of this contract remains fixed and is not subject to reduction, regardless of any market fluctuations, and that any reduction in the rent amount will require the landlords written consent.
- When the tenant pays rent by post-dated check, the agreed-upon rent payment is not considered complete until the post-dated check has been cleared and its full value collected, regardless of any delay on the part of the landlord in cashing or depositing these checks.
- The tenant is obligated to pay the security deposit specified in the contract details upon signing the contract with the landlord. This deposit is refunded upon the tenants vacating the leased property or the landlords termination of the contract, after the landlord has inspected the property and approved its condition (including, for example, the tenants submission of all clearance certificates for water, electricity, gas, cooling, telephone, internet, or any other services). The costs of repairing any damage that may occur to the leased property as a result of the tenants use will be deducted from the security deposit. The remaining security deposit (if any) will be refunded to the tenant after obtaining clearance certificates from the relevant department at the landlords office. The tenant is also obligated to pay any difference in the cost of repairs if their value exceeds the security deposit held with the landlord.
- Unless expressly stipulated otherwise, it is understood and agreed between the parties that any payments due from the tenant do not include Value Added Tax (VAT) or any similar tax ("VAT") levied on those payments. The tenant is solely responsible for paying the Value Added Tax (VAT), or any part thereof, levied on payments made to the landlord, in accordance with applicable laws. The tenant is responsible for informing the landlord if they possess a VAT registration number; the landlord will not be liable if the tenant fails to provide one. The landlord will provide the tenant with a tax invoice where any VAT amount is shown separately (if applicable).
- The tenant is responsible for paying all water, electricity, gas, cooling, telephone, internet, and other utility bills related to the unit. Upon vacating the unit, the tenant must provide the landlord with a clearance certificate from the relevant authorities confirming payment of all outstanding utility bills. The tenant remains responsible for any unpaid amounts or bills, regardless of whether the lease has expired or been terminated. The landlord may, at their discretion, deduct any unpaid amounts from the security deposit.
- The tenant is obligated to return the leased unit to the landlord vacant upon the expiration or termination of the lease term, in the same condition as it was at the start of the lease. Otherwise, the tenant is obligated to carry out repairs at their own expense, pay for these repairs, or have the cost deducted from the security deposit, according to the value determined by the landlord, unless otherwise stipulated by the landlord.
- The tenant acknowledges and confirms receipt of all keys to the unit and undertakes to return all copies of the keys upon vacating the premises. A fee will be charged for each key not returned to the landlord upon vacating the unit.
- The tenant is obligated not to allow any other tenants to occupy the unit, except for the number specified in the lease agreement. The tenant may not sublet the unit, share it with any other party, or assign this lease to another party without obtaining prior written consent from the landlord.
- The tenant is responsible for obtaining appropriate insurance coverage for their property, providing comprehensive coverage that includes not only loss, damage, and theft occurring on the leased premises.
- A tenant renting a commercial unit or any unit for commercial purposes must have a comprehensive public liability insurance policy, valid for the entire term of the lease. The policy must cover personal liability, contractual liability, statutory liability, bodily injury, death, and property damage, all on an accidental basis, relating to the tenants actions in occupying and using the leased unit. The minimum insured amount must be AED 2,000,000 (two million UAE dirhams), and the policy must also cover the property owner. The tenant must provide the landlord with the required insurance certificates or any other documentation proving the validity of the policy before signing the lease agreement. The tenant must also provide the landlord with insurance certificates proving policy renewal at least 30 days before the policy expires. The policy must include a clause waiving all rights, including the right of subrogation, against any third party for any loss, damage, or liability arising from any party, up to the extent of recovery that can be obtained under this insurance. This clause applies only to the extent permitted by the insurance policy.
- The tenant is obligated to use the property only and exclusively for the authorized use and not for any other purpose without obtaining the landlords prior written consent.
- The tenant is obligated to fully comply with all laws, regulations, and ordinances governing unit occupancy, urban planning laws, and any other applicable laws and regulations (including, but not limited to, regulations concerning the use of balconies, the maximum number of unit occupants, television receivers, etc.). The tenant undertakes not to use, occupy, or permit the use or occupancy of the unit or any part thereof in violation of any such laws and regulations. The tenant must compensate the landlord for any loss, damage, or bodily injury suffered by any person, whether directly or indirectly, resulting from any act, omission, or negligence on the part of the tenant, as well as any costs, expenses, fines, or fees arising from violating any of these laws and regulations, or any material or moral damages that may result from such violations.
- The tenant is obligated not to allow the unit to be used for any illegal or immoral purposes or to store any hazardous or illegal materials therein.
- The tenant is obligated to respect the rights of all tenants of neighboring units and not to violate their privacy or disturb their peaceful use of their units.
- The tenant may not throw any materials from windows or balconies. The tenant must always use the designated areas for waste disposal.
- The tenant is obligated to maintain public cleanliness, preserve the environment, adhere to sustainability standards, and dispose of waste and refuse safely in designated areas after obtaining the necessary permits from the competent authorities.
- If the tenant requests termination of the lease before its expiry, the tenant is obligated to pay the rent for the entire remaining term of the lease.
- Without prejudice to any other rights of the landlord under this contract, the tenant shall pay the rent for the period of occupancy after the contract expiry date (calculated based on the annual rent) in addition to any fees specified in the landlords schedule of rates and charges for the period of occupancy beyond the contract expiry date.
- The tenant shall obtain formal approval from the landlord before vacating the leased premises for any reason. The tenant shall not be released from the obligations stipulated in this contract until the vacating procedures are completed and both the landlord and tenant have signed the release form and the vacating permit.
- The tenant is obligated to pay the rent for the period of occupancy, proportionally, in addition to the daily penalty stipulated in the schedule of tariffs and fees.
- In the event of a breach of any of the terms and conditions of this agreement, including, but not limited to, failure to pay any outstanding amounts, the tenant authorizes the landlord/office to transfer their lease file to a debt collection agency duly licensed to operate within and outside the United Arab Emirates to pursue the collection of their obligations on behalf of the landlord/office.
Section "C" — Inventory & Fixtures
- The tenant is not liable for any damage to the unit resulting from normal use of the leased property and within the bounds of its permitted purpose.
- The tenant is obligated to carry out all repairs for any damage resulting from misuse to the unit, the building, or any of the landlords property located within the unit during the lease term. The tenant may not remove any equipment provided by the landlord to the unit or building. The tenant is obligated to notify the landlord in writing of any damage to equipment or services connected to the unit that could pose a danger to the unit, the building, or persons. If the tenant fails to carry out the repairs within seven (7) days of being notified by the landlord, the landlord, or any of its contractors or employees, may enter the unit and carry out all repairs at the tenants expense.
- The tenant may not, under any circumstances, obstruct or allow the obstruction of any passageways, sidewalks, entrances, roads, access routes, service areas, loading areas, parking spaces, stairs, elevators, hoists, escalators, emergency or fire exits in the common areas within the building. In the event of any breach of this clause, the landlord shall remove the obstruction without being liable for any damage or loss resulting from its removal.
- The tenant may not make any modifications or alterations to the unit, its fixtures, or appliances, nor may they change or install any locks on any of the doors or windows in or belonging to the unit, without obtaining the landlords prior written consent.
- If the tenant wishes to make any modifications or improvements to the unit, they must do so at their own expense and after obtaining the landlords prior written consent. The tenant is obligated to restore the unit to its condition upon vacating it, unless the landlord decides otherwise.
- The tenant is prohibited from storing furniture or any personal belongings in the buildings corridors or any of the common areas.
- Upon renting the unit, the tenant acknowledges and accepts its existing condition. The landlord is not obligated to perform any maintenance unless the landlord has agreed to do so in writing prior to the lease. The tenant must maintain the unit, its contents, and all equipment and appliances within it in the same good condition as when received from the landlord at the beginning of the lease term.
- The tenant must return the unit to the landlord at the end of the lease term in the same operational condition as at the beginning of the lease and return all keys provided to the tenant at the start of the lease.
- The tenant may not install or mount any type of television receiver or any other materials on the exterior of the unit at any time during the lease term. If the tenant breaches this clause, they are liable to compensate the landlord for any fines imposed by municipalities or other governmental bodies in the emirate where the property is located.
- Tenants are prohibited from using gas cylinders in buildings with central gas supply. Any breach of this obligation will result in termination of the lease and the imposition of an early termination penalty as stipulated in the tariff schedule. The tenant will also be liable for any fines imposed by the authorities as a result of this breach.
- All restaurants, kitchens, and related businesses that use gas for cooking/preparing food must have a gas leak detection system and an annual maintenance contract. All flue ducts/chims must have an annual cleaning/maintenance contract or adhere to a cleaning schedule of four times a year. These annual maintenance contracts must be in place before any work commences on the building. Tenants, both businesses and individuals, are not permitted to use portable gas cylinders in buildings with piped gas supply. In the event of a violation, the lease will be considered immediately void without refund of the remaining rent, and the Abu Dhabi Civil Defence authorities will be notified.
- All improvements or fixed installations made by the tenant shall revert to the landlord and become his property and shall be considered an integral part of the leased property upon vacating the unit unless the landlord requests their removal and the restoration of the leased property to its previous condition upon the expiration of the lease. In all cases, the tenant shall not be entitled to claim any compensation for those installations.
Section "D" — Landlord Obligations
- The landlord shall not be liable for any loss, damage, or inconvenience resulting from any interruption of these services due to circumstances beyond the landlords control.
- The tenant has the right to enjoy and occupy the premises undisturbed throughout the term of this lease without any interference from the landlord, except in cases of emergency.
- The landlord is obligated to:
- Maintaining the structure, foundations, and exterior facades of the property.
- Maintaining the existing facilities in the property that are necessary to provide air conditioning, water, gas and electricity services.
- Performing routine maintenance on the building.
Section "E" — General Provisions
- The landlord has the right to increase the rent upon renewal of this contract, by the percentage permitted by law at the time of renewal, provided that the tenant is notified in advance of the period specified by the applicable law in the emirate where the leased property is located.
- Any notice or communication relating to this contract must be sent in writing to the chosen address specified in the contract details or to the leased property subject to this contract, or by registered mail to the post office box, or by email. Messages or notices sent by any of the aforementioned methods shall be considered duly delivered and shall be enforceable against the tenant upon receipt and acknowledgment of receipt. Any change or amendment to the aforementioned addresses or means of communication shall not be valid unless the landlord/office is notified in advance in writing.
- If any provision of the terms and conditions of this contract is or becomes invalid, illegal, or unenforceable in any way, such invalidity, illegality, or unenforceability shall not affect the legality, validity, or enforceability of the remaining provisions and conditions of this contract.
- This contract, along with its attached annexes, constitutes the entire agreement between the Landlord and the Tenant regarding the lease arising from this contract. No amendment or waiver of any of the provisions of this contract shall be valid unless it is in writing and signed by both the Landlord and the Tenant.
- The laws and regulations in force in the United Arab Emirates governing the rental relationship shall apply to all provisions not covered by this contract and shall resolve any dispute or disagreement that may arise during its execution.
- Any dispute arising from this contract shall be settled by the competent judicial authority or the real estate dispute resolution committees in the Emirate where the leased unit is located. In the event of any dispute, the Arabic version of this contract shall prevail.
- Upon signature by both parties, this contract shall be legally binding on both parties.
- The Landlord and the Tenant shall be bound by the provisions of this contract upon signature and must carefully read and understand their obligations under this contract before signing it.
Section "F" — Subject of the Lease
Lease Agreement: The lessor leased the unit subject to the lease agreement to the lessee, who inspected it thoroughly and without ambiguity, accepted it, and acknowledged that the unit was in good condition, allowing him to use it fully as indicated and in accordance with the terms and conditions contained in the lease agreement (the agreement).
Rental payments
- Rent: The tenant shall pay the rent to the landlord in advance in the number of installments specified above upon execution of the agreement. All subsequent installments shall be paid by post-dated checks payable on or before the first day of the applicable installment period and presented to the landlord upon execution of the agreement. Checks for all installments shall be made without deduction or offset for any reason whatsoever.
- Security Deposit: The tenant shall pay the security deposit amount specified in the table above to the landlord in full upon execution of the lease agreement. The landlord/lessor shall be entitled to deduct any unpaid fees from the tenants security deposit if the tenant fails to pay it. After deducting any damages incurred during the lease term by the tenant and/or occupants, or any amounts payable by the tenant under the lease agreement, the security deposit, or any remaining balance thereof, shall be refunded to the tenant, without interest, upon proof of payment of all outstanding amounts due to the landlord and all service providers by the date of termination of the agreement and the tenants vacating the leased premises.
- Cooling Charges: Cooling charges refer to the tenants proportional share of the cooling consumption expenses as billed by the service provider from time to time. When the consumption of the leased unit is measured separately, the lessee must pay the service provider the cooling charges as per the issued bill.
- Lease Attestation Fee: This fee is payable in full to the lessor upon signing the lease agreement. The lessor must provide the necessary assistance to the lessee to attest the lease agreement.
- Taxes and Other Charges: The lessee shall pay immediately upon due date all taxes and charges imposed directly or indirectly by any governmental or non-governmental entity, including, but not limited to, any tax that may be levied on subletting. The lessee acknowledges that the schedule of charges contained in the attached appendices forms an integral part of this lease agreement and must be read and interpreted as such, and agrees that this shall be the lessees responsibility.
- Lease Administration Fees: Lease renewal fees and other applicable charges are payable annually upon lease renewal as detailed in Appendix A.
Renewing the lease:
- The landlord must notify the tenant of the lease renewal and the rent due for the renewal period three (3) months prior to the lease expiry date.
- If the tenant decides to renew the lease, they must notify the landlord of their acceptance of the renewal within two (2) months. The landlord will then provide the tenant with a new lease agreement outlining the new terms and conditions and the new rent due for the new lease period.
- If the tenant fails to execute the new lease agreement in accordance with the terms and conditions, the landlord is entitled to charge the tenant a late renewal fee of AED 50, payable from the day following the lease expiry date until the tenant executes the new lease agreement in accordance with the terms and conditions, along with the rent due under the new lease agreement.
- If the tenant decides not to accept the landlords notice to renew the lease, they must notify the landlord two (2) months prior to the lease expiry date of their intention to vacate the leased unit on that date. If the tenant fails to comply with the landlords notice, the landlord is entitled to apply the fees as outlined in Appendix A.
- The lease renewal period is for one year (12 months) only. If the tenant requests a short-term lease renewal, the landlord is entitled to apply an exceptional rent rate for the requested renewal period, different from the standard annual rent.
- The tenant acknowledges that the lease term is one year (12 months) only and that any other benefits, such as a rent-free period or other free services, are for the current agreement only and will not extend to any subsequent renewal unless agreed upon in writing.
- If the landlord provides the tenant with designated parking spaces, the tenant acknowledges and agrees to use only these designated spaces and to comply with all parking regulations.
- All parties agree that this agreement may be executed and signed using electronic signatures, which are considered valid and enforceable and have the same force and effect as original signatures. No other third-party authentication or verification is necessary to enforce the signature.
Evacuation & Termination
- Termination at the End of the Lease: If the tenant wishes to terminate the agreement and vacate the unit at the end of the lease term, the tenant must provide the landlord with at least two (2) months written notice. The agreement remains in effect until the end of the term, and the tenant is responsible for the rent and all other obligations under the lease agreement until the actual handover of the leased premises, in addition to any other costs or expenses incurred by the landlord.
- Early Termination: If the tenant wishes to terminate the agreement and vacate the unit before the end of the lease term, the tenant must provide the landlord with at least two (2) months written notice prior to the termination date. The agreement remains in effect until the end of the notice period, and the tenant is responsible for the rent and all other obligations under the lease agreement until the actual handover of the leased unit, in addition to any other costs or expenses incurred by the landlord. The tenant is liable for three (3) months rent for early termination of the agreement.
- Termination of the Agreement by the Landlord: The agreement may be terminated immediately upon notice from the Landlord:
- If the tenant breaches any of the terms and conditions and fails to rectify the breach within seven (7) days of receiving notice from the Landlord.
- If the tenant becomes bankrupt, insolvent, or unable to pay their rent and subsequent charges as due; or:
- If the tenant abandons the leased unit. The Landlord shall also have the right to dispose of the tenants personal belongings in any manner they deem appropriate.
- If the leased property is used in a manner that violates accepted standards of conduct and Islamic values, or disrespects the customs, traditions, and laws of the United Arab Emirates.
- If the property is sublet or occupied by persons other than the tenant and its registered occupants with the Landlord.
- If the lease is terminated under this clause, all rent payments made, including the security deposit, shall be forfeited to the Landlord.
- Termination of the Property Management Agreement between the Landlord and the Landlord: If the Landlord no longer requires the Landlord to act as the property management agent for the leased premises, the Landlord must notify the Landlord in writing and transfer all deferred rent checks, security deposits, and all related documents to the Landlord. At the end of the lease term, the Landlord is directly responsible for refunding the security deposit to the Landlord after any applicable deductions, and the Landlord shall not have the right to take any action against the Landlord and/or the Landlord in respect of this matter.
- Termination for Convenience: If, at any time during the term of this Agreement, the Landlord decides to sell, close, or demolish the premises of which the building is a part, or if the building requires extensive renovation to ensure the welfare of the tenants, the Landlord may terminate this Agreement at any time upon one (1) years prior written notice to the Landlord. The Landlord shall hand over the premises to the Landlord on that date in accordance with the terms of this Agreement.
- The parties agree that if the Agreement is terminated only in such cases, and the Landlord is not in default, the Landlord shall refund the remaining rent for the remainder of the lease term to the Landlord, and the Landlord shall not be entitled to any compensation for the termination of the Agreement.
Tenant Responsibilities
- The tenant must obtain written consent from the landlord before making any alterations or additions to the building, both inside and out. These changes will become part of the building, and the tenant will not be entitled to any compensation. However, upon handover of the building, the tenant may be required to remove these installations and fittings at their own expense.
- The tenant may not assign, sublet, or otherwise transfer all or part of the leased premises.
- The tenant may not keep any animals, birds, or other living creatures on the property or on the roof.
- The tenant is responsible, at their own expense and bearing all costs, for all minor maintenance work valued at AED 1,000 or less. This includes, but is not limited to, replacing range hood filters, insect seals on doors and windows, bathroom sink plugs, light fixtures, and other similar items.
- Common areas of the property, such as the main entrance, stairwells, corridors, roof, and parking (if available), and recreational facilities (if any), are for the exclusive and proper use of the tenants. Therefore, their use for personal purposes, including but not limited to storage, playing, and unauthorized parking, is prohibited.
- The tenant is responsible for any damage caused by the tenant and must notify the landlord of any potential hazards or risks to the safety of the property/buildings.
- At the end of the lease term, the tenant must return the property in good condition, including keys, access cards, remote controls, and final bills up to the date of vacating the unit. The date of key handover, along with proof of payment of the final utility bills, is considered the actual handover date.
- The tenant must allow reasonable access to the unit for general maintenance purposes related to the unit or adjacent units, or for inspection if the landlord intends to sell the unit.
- The tenant is responsible for obtaining insurance to cover any of their personal assets located within the leased premises.
Notifications
- Any notice or communication to or from any party to this Agreement must be in Arabic or English and addressed to the address listed in the table above or any other service address previously notified to the other party. Such notice shall be deemed to be that sent by the sender and received by the recipient by hand, post/courier, or registered email address. Delivery of this Agreement or any related document electronically shall be treated as equivalent to physical delivery of a paper document bearing an original or electronic signature.
Governing law
- This Agreement is governed by the laws of the United Arab Emirates and the local laws of the relevant Emirate within the UAE. The parties irrevocably submit to the non-exclusive jurisdiction of the Rental Committee and/or the court of the relevant Emirate within the UAE.
- This Agreement is subject to the exclusive jurisdiction of the Rental Disputes Settlement Center or any committee or court that may be established from time to time for the purpose of resolving disputes between the parties to this lease agreement.
Full agreement
- This agreement constitutes the entire agreement between the parties regarding this subject matter and supersedes all prior agreements relating to it.
- This agreement is written in both Arabic and English, and in case of any discrepancy between the two texts, the Arabic text shall prevail.