Dubai has made it mandatory to register all lease contracts – residential or commercial - on Ejari, the e-registration portal. But the question is, who pays the Dh190 fee — landlord or tenant?
The Dubai Land Department says it is the landlord who has to pay to register the tenancy contract, but if the landlord does not pay then the tenant will have to bear the registration charges.
In response to a questions by Emirates24|7, the department said: “It is the responsibility of the landlord to register the tenancy contract.
"However, if the landlord fails to do so, there are service centres (authorised typing offices) where the tenant can visit in order to complete the registration process.”
It is not just individual property owners, but developers, who manage thousands of properties, that are passing the burden of paying fees on to the tenants.
Anshuman Patel, who has rented an apartment in Jumeirah Beach Residence, says he was clueless about who pays the Ejari fees.
“I was totally unaware on who has to pay the fee. My landlord told me to pay since I would need the registered contract for any official work and so I paid it.”
Priya Sane, who has rented a one-bed apartment in Jumeirah Lakes Towers, says: “My agent told me that I have to pay for Ejari registration and that was the end.
"I had to go the typing centre and get a registered contract. My agent did not do anything except taking a commission.”
Although the Dubai Land Department has an Ejari website, only the landlord or his management company, can register the contracts online.
Tenant, however, can’t register online and have to use the service of authorised Ejari typing centres.
Earlier this website had reported that registration of residential and commercial contracts is mandatory through Ejari and failure to comply with the law, by any party to the contract, may lead to imposition of penalty.
"Law No. 26 of 2007 concerning regulating the relation between tenants and landlords of property makes it mandatory to register lease contracts with us and this should be carried out through its Ejari system. There is no exception for commercial or residential contracts," a senior Real Estate Regulatory Agency official had said.
In June this year, Dubai Economic Development Department said lease contracts have to be registered in Ejari and are mandatory for renewing, amending and receiving commercial licenses issued.
The following is list of authorised typing centres in Arabic. http://www.dubailand.gov.ae/Arabic/Tenancy_Certificate.aspx