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Amiri Decree No. (19) of 2021 on Authenticating Lease Contracts

Emiri Decree
Amiri Decree No. (19) of 2021 on Authenticating Lease Contracts We, SAUD BIN SAQR BIN MUHAMED Al QASSIMI Ruler of Ras Al Khaimah After perusal of Constitution; And Law of Ras Al Khaimah Municipality of 1981; and Law No. (8) of 2021 on Regulation of some real estates occupancy in Ras Al Khaimah, The following Decree has been promulgated: Article (1) The following words and expressions shall have the meanings assigned hereto unless otherwise required by context: Committee: Rental Disputes Settlement Committee in Ras Al Khaimah, Department: Ras Al Khaimah Municipality Department. Director-General: Director-General of Department. Article (2) Lease contract shall be made on form prepared by Department in this regard and be authenticated and renewed thereby. However, no contract nor renewal of contract shall be valid in official transactions unless being authenticated. Article (3) Fees shall be collected in consideration for contract authentication at 5% of rent specified in contract with minimum amount of two hundred dirhams (AED 200/-) for residential contracts and five hundred dirhams (AED 500/-) for non-residential contracts. On lawsuits substantiating rental relationship, Plaintiff shall pay a deposit before Department equal to fees authenticating relationship to be evidenced. However, fees shall be settled after rendering judgment of sentenced rent and the difference shall be refunded. If otherwise is sentenced, deposit shall be refunded. Article (4) Lessor must collect fees from lessee upon entering into or renewing the contract. However, for contracts with more than one year, fees shall be collected an-nually at the beginning of each consecutive lease year and lessor shall pay fees accrued to Department within no more than seven (7) days from the next month of its due month. In all case, lessee may pay fees directly to Department. Article (5) If lessor refrained to provide contract to be authenticated within the said term after collecting authentication fees, lessee shall have the right to obtain an order on a petition from Committee to authenticate the contract at the expenses of lessor and Department shall collect the fees from lessor. Article (6) Fees shall have the same provision of rent attach-ments in relationship between lessor and lessee. Article (7) Within no more than thirty (30) days of eviction date, lessor shall notify Department if lessees evict leased units. Article (8) Whoever refrained to pay fees on time specified without any pardon or evaded from payment shall be punished with a penalty equal to double of the true value of authentication fees. However, if violation of the same leased unit is repeated, penalty shall be doubled. Article (9) Collection of unpaid authentication fees and the penalty accrued for Department shall be made under a claim issued by Director-General or his/her representative wherein name of supplier and amount of fee or penalty shall be substantiated. Therefore, this claim shall be deemed executive instrument to be executed by competent execution judge in Committee pursuant to Civil Procedures Law and regulations thereof. Article (10) Director-General shall pass all resolutions and in-structions necessary to enforce provisions of this De-cree. Article (11) Any provision in contradiction to the provisions of this decree shall be revoked. Article (12) This decree shall come into force as of the date of its promulgation and be published in Official Gazette. SAUD BIN SAQR BIN MUHAMED Al QASIMI Ruler of Ras Al Khaimah Issued on 18th Month Rabi› Al-awwal of 1443H. Corresponding to 24th Month October of 2021AD.
  • The following words and expressions shall have the meanings assigned hereto unless otherwise required by context:
    Committee: Rental Disputes Settlement Committee in Ras Al Khaimah,
    Department: Ras Al Khaimah Municipality Department.
    Director-General: Director-General of Department.

  • Lease contract shall be made on form prepared by Department in this regard and be authenticated and renewed thereby. However, no contract nor renewal of contract shall be valid in official transactions unless being authenticated.


  • Fees shall be collected in consideration for contract authentication at 5% of rent specified in contract with minimum amount of two hundred dirhams (AED 200/-) for residential contracts and five hundred dirhams (AED 500/-) for non-residential contracts.
    On lawsuits substantiating rental relationship, Plaintiff shall pay a deposit before Department equal to fees authenticating relationship to be evidenced. However, fees shall be settled after rendering judgment of sentenced rent and the difference shall be refunded. If otherwise is sentenced, deposit shall be refunded.


  • Lessor must collect fees from lessee upon entering into or renewing the contract. However, for contracts with more than one year, fees shall be collected an-nually at the beginning of each consecutive lease year and lessor shall pay fees accrued to Department within no more than seven (7) days from the next month of its due month. In all case, lessee may pay fees directly to Department.


  • If lessor refrained to provide contract to be authenticated within the said term after collecting authentication fees, lessee shall have the right to obtain an order on a petition from Committee to authenticate the contract at the expenses of lessor and Department shall collect the fees from lessor.


  • Fees shall have the same provision of rent attachments in relationship between lessor and lessee.


  • Within no more than thirty (30) days of eviction date, lessor shall notify Department if lessees evict leased units.


  • Whoever refrained to pay fees on time specified without any pardon or evaded from payment shall be punished with a penalty equal to double of the true value of authentication fees. However, if violation of the same leased unit is repeated, penalty shall be doubled.


  • Collection of unpaid authentication fees and the penalty accrued for Department shall be made under a claim issued by Director-General or his/her representative wherein name of supplier and amount of fee or penalty shall be substantiated. Therefore, this claim shall be deemed executive instrument to be executed by competent execution judge in Committee pursuant to Civil Procedures Law and regulations thereof.


  • Director-General shall pass all resolutions and in-structions necessary to enforce provisions of this Decree.


  • Any provision in contradiction to the provisions of this decree shall be revoked.


  • This decree shall come into force as of the date of its promulgation and be published in Official Gazette.

Classification
  • Fees
  • Real Estate Affairs
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