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Answer:
Since you haven't mentioned, we presume that your residence is in Dubai and the tenancy contract is subject to the applicable laws of the Emirate of Dubai in the UAE. In pursuance, it may be noted that tenancy relations in the Emirate of Dubai are governed by the Law No. 26 of 2007 regulating relationship between landlords and tenants in the Emirate of Dubai, as amended by the Law No. 33 of 2008 (the 'Tenancy Law').
Pursuant to the first query, it may be noted that under the prevailing laws of Dubai, unless it is agreed otherwise, it is the landlord's obligation to handle maintenance of the property, and to rectify or correct any defects or faults which may affect the tenant's 'targeted benefit' or desired usage of the premises. This is in accordance with Article (16) of the Tenancy Law the which reads as follows -
"Article (16): Landlord shall, during the validity of contract, be liable for handling maintenance of property and shall rectify any defects or faults that affect tenant's targeted benefit from the premises, unless the two parties agree otherwise."
Although air conditioning or chillers installed in buildings are not specifically mentioned as being part of the basic services that a landlord must provide, it may, however, be noted that it is the duty of the landlord to arrange for maintenance of the property and correct any defects or faults in it that may affect the tenant's targeted benefit from its use.
Pursuant to your second query, note that a tenancy contract is executed for a fixed term and cannot be amended unilaterally before the expiry of the tenancy contract. The amendment to tenancy contract may be brought into effect only upon expiry of an existing tenancy contract whereby the rent for the property may be reviewed, and if there is a disagreement regarding the same, the Dubai Rental Disputes Settlement Centre shall have the authority to settle the fair rent for the property. This is in accordance with Article (13) of the Amended Tenancy Law which reads as follows -
"Article (14)If either party of tenancy contract wishes to amend any of its conditions pursuant to Article (13) of this Law, then he must notify the same to the other party not less than 90 days prior to the expiry date, unless both parties agreed otherwise."
In response to your fourth query, it may be noted that in the event the new terms in the amended tenancy contract are not acceptable to you, you may first negotiate with the landlord, and if such negotiations fail, you may choose to approach the Dubai Rental Disputes Settlement Centre, for resolution of disputes regarding contract clauses.
Pursuant to your fifth query, you may note the following points as part of your legal options -
- Your landlord may not demand eviction from the property arbitrarily unless in certain specific circumstances, which are stated under Article (25) of the Tenancy Law, which reads as follows:
"Article (25)
1. Landlord may demand eviction of tenant prior to expiry of tenancy period in the following cases:
2. Landlord may demand eviction of tenant upon expiry of tenancy contract limited to the following cases:
a. If the owner wishes to demolish the property for reconstruction or to add new constructions that prevent tenant from benefitting from the leased property, provided that necessary licences are obtained.
And for the purpose of clause (2) of this Article, landlord must notify tenant with reasons for eviction at least 12 months prior to the determined date of eviction subject that such notice be sent through the Notary Public or by registered email."
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