You can complain against pets in Dubai buildings only if they create nuisance

 

You can complain against pets in Dubai buildings only if they create nuisance

Dubai - Federal Law No. 22 of 2016 does not allow the residents in the UAE to keep pet dogs like pit bull, boxer, dobermann etc.

By Ashish Mehta

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Published: Sun 30 Jun 2019, 4:00 PM

Last updated: Sun 30 Jun 2019, 6:18 PM

I stay in a high-rise building in Dubai. In the contract, it is clearly stated that pets are not allowed in the building. However, recently, we have been observing many tenants with dogs. On enquiring with the landlord, I was told that it was done on a "case by case" basis, and that as long as the pet does not create nuisance to others, it is allowed. Please advise if I can still complain against this, considering what is stated in the contract.
Answer
Pursuant to your queries, we assume that each apartment in your building may have a different owner and, therefore, the terms and conditions in your tenancy contract may not be similar to that of other apartments. In the emirate of Dubai, the tenancy contract between the owner and the tenant is governed by the terms and conditions mentioned therein. This is in accordance to Article 4(1) of Law No. 33 of 2008 amending some provisions of Law no 26. Of 2007 regulating relationship between landlords and tenants in Dubai, which states: "The tenancy relationship between landlord and tenant shall be governed by a tenancy contract describing the property in details, the purpose of the tenancy, period, rent and name if the owner is not the landlord."
Based on the aforesaid provision, if your tenancy contract prohibits you from possessing pets in your apartment, then it may be unlawful to possess pets in your apartment. On the other hand, you may be not in a position to complain against other residents in your building who possess pets if it does not create any nuisance to you or the general public in and around the building. However, in most of the cases, apartments in the building may be owned by various landlords and such properties are governed by Law No. 27 of 2007 concerning ownership of jointly owned real property in Dubai, except for the DIFC (hereinafter, the Jointly Owned Real Properties Law). The Jointly Owned Properties Law of Dubai mentions the obligations of the owner of each apartment, occupiers and the owners association related to the said building.  This is in accordance with Article 6(3) of the Jointly Owned Real Properties Law of Dubai, which states: "Each unit owner has an obligation in favour of other unit owners, occupiers and the owners association to comply with the master community declaration and the association constitution to the extent to which their provisions apply to an occupier."
Based on the aforementioned provision of law, if the master community declaration and the association constitution does impose restrictions on the possession of pets, you may complain against such residents with the building management.
Further, Federal Law No. 22 of 2016 related to possession of dangerous animals does not allow the residents in the UAE to keep pet dogs like pit bull, boxer, dobermann etc.
In the event you find the pets which are possessed by the residents in your building are dangerous or if they create nuisance or disturbance and if its presence creates unhygienic surroundings, you may make a complaint with the Dubai Municipality and the Rental Dispute Centre in Dubai.
KNOW THE LAW
In the event you find the pets are dangerous or if they create nuisance or disturbance and if its presence creates unhygienic surroundings, you may make a complaint with the Dubai Municipality and the Rental Dispute Centre.
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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