Article 11 of Dubai Tenancy Law: Does the Rent Include Parking, the Pool and the Gym?
When you rent a home or an office in Dubai, the swimming pool, the gym, the children's play area and the car park are usually part of what you are paying for — not an extra you can be billed for later. Article 11 of the tenancy law puts that in plain words: unless the contract says otherwise, the rent covers the tenant's use of the property's amenities, from pools and gyms to playgrounds and parking. The four words that decide every borderline case are "unless otherwise agreed": they let the parties carve out a specific amenity, but only clearly and at the outset. This page explains, for landlords and tenants alike, exactly what Article 11 covers, how far "unless otherwise agreed" reaches, and what happens when a landlord tries to charge for the parking bay or bar the tenant from the pool.
- By default, the rent covers the tenant's use of the building's shared amenities
- Pools, gyms, health clubs, playgrounds and car parks are named in the article
- "Unless otherwise agreed" lets a specific amenity be excluded — but only in the contract
- A landlord cannot add an amenity charge or bar access mid-term; disputes go to the RDC
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Does the rent include parking, the pool and the gym?
Yes — by default the rent you pay includes the use of the property's shared amenities, such as the swimming pool, the gym or health club, the playground and the car park, unless your tenancy contract clearly agrees otherwise. That is the rule Article 11 of Dubai's tenancy law sets.
The relationship between landlords and tenants in Dubai is governed by Law No. 26 of 2007 as amended by Law No. 33 of 2008. Article 11 states that, unless otherwise agreed, the rent covers use of the real property's amenities such as swimming pools, playgrounds, gymnasiums, health clubs, car parks and other amenities. So the starting position is simple: a tenant who rents an apartment in a building with a pool and a gym, or a villa in a community with shared facilities, is paying for the right to use them as part of the rent. The landlord cannot treat the pool or the parking bay as a paid add-on unless that was agreed when the contract was signed.
The article works in two halves. The default is inclusion — the amenities come with the rent. The exception is the opening phrase, "unless otherwise agreed", which lets the parties agree that a particular amenity is not included, or is charged separately. But an exception has to be genuinely agreed, written into the contract and understood by both sides; it is not something a landlord can spring on the tenant after they have moved in.
Article 11 is about the right to use the amenities, not about ownership of them and not about the annual community service charge, which is a separate question. Read this way, the article mostly prevents two things: a surprise charge for something the rent already covers, and a landlord quietly withdrawing access to a facility the tenant was promised. Where the two sides disagree, the matter is decided by the Rental Disputes Centre.
What Article 11 says, in plain terms
In its own words, Article 11 provides that, unless otherwise agreed, the rent will cover use of the real property's amenities — such as swimming pools, playgrounds, gymnasiums, health clubs, car parks and other amenities. The list is given as examples, not as a closed set: the phrase "and other amenities" means any shared facility designated for the residents' use — a landscaped garden, a lobby, a rooftop terrace, a barbecue area — falls under the same default. What matters is that the facility is part of the property and provided for tenants to use.
What Article 11 does not do is just as telling. It does not make the tenant an owner of the pool or the parking structure; it grants use, not title. It does not fix a fee, because the default is that no separate fee is due at all. And it does not, by itself, decide who pays the community service charge that owners of jointly owned property contribute for the upkeep of shared areas — that is governed by a separate regime and usually rests with the owner. Article 11 answers one clean question: as between this landlord and this tenant, is the use of the amenities part of the rent? Its answer, unless the contract says otherwise, is yes.
What Article 11 means in practice
- Amenity use is included by default
- If the building or community has a pool, a gym, a playground or parking provided for residents, the tenant's use of them is part of the rent from day one — nothing extra is due unless the contract says so.
- No surprise charge later
- A landlord cannot introduce a separate fee for the pool or gym after signing. Any charge for an amenity has to have been agreed at the outset; adding one mid-term is exactly what Article 11 guards against.
- The contract can exclude an amenity
- Because the default applies "unless otherwise agreed", a tenancy may state that a specific amenity is not included — for example that a dedicated covered bay is charged separately, or the health club needs a paid membership. It must be clear and agreed.
- It is use, not ownership
- Article 11 gives the tenant the right to use the amenities, not any title to them. Building rules on opening hours, safety and fair access still apply, and the tenant uses the facilities on the terms set for all residents.
- Amenity use is not the service charge
- Article 11 covers the tenant's use of the amenities. Who pays the annual community service charge for maintaining shared areas is a separate matter under the jointly owned property rules, and usually rests with the owner unless the contract clearly shifts it.
The same rule, seen from both sides
For the landlord
- The rent you charge already includes the tenant's use of the shared amenities
- If you want to exclude an amenity or charge for it, say so clearly in the contract at signing
- You cannot add an amenity fee mid-term, nor withdraw access the tenant is entitled to
- Barring a tenant from a facility can also engage your duties under Articles 17 and 34
For the tenant
- You are entitled to use the amenities provided for residents as part of your rent
- A landlord cannot bill you separately for the pool or gym unless the contract agreed it
- Read the contract before signing — a clear clause can lawfully exclude a specific amenity
- If you are charged for, or barred from, an included amenity, you can raise it at the RDC
Have a question about your case?
Everything turns on "unless otherwise agreed"
The whole balance of Article 11 sits in its opening words. Left alone, the article includes every shared amenity in the rent. The phrase "unless otherwise agreed" is the only lever that changes that — and it works in one direction and one place: a term written into the tenancy contract, agreed by both parties before they sign. That is what makes a clause such as "one covered parking bay is charged at a separate rate" or "gym access requires a paid membership" valid. What the phrase does not permit is a change imposed later: a landlord cannot invoke "unless otherwise agreed" to add a pool fee in the second year, because nothing was agreed. When a contract is silent about a particular amenity, the default wins and the amenity is included. And when the wording is ambiguous — a common problem with parking — the safest course is to read it against the party who drafted the surprise charge, and, if the dispute persists, to let the Rental Disputes Centre decide what was actually agreed.
When Article 11 applies: worked examples
A tenant rents an apartment in a tower with a pool and gym; a year in, the landlord demands a separate monthly gym fee.
What is usually neededArticle 11 already includes the tenant's use of the gym in the rent. Unless the contract excluded the gym or set a separate charge at signing, the landlord cannot add the fee now. The tenant may decline and, if pressed, file at the RDC.
An agent said one covered parking bay came with the flat, but the signed contract is silent, and later a parking fee appears.
What is usually neededArticle 11 lists car parks among the amenities the rent covers, so a bay provided for tenants is included by default. Where the contract is silent, the default applies; if the landlord insists on a charge, the RDC can decide what was agreed.
A tenancy contract clearly states that the health club requires a separate paid membership, which the tenant signed.
What is usually neededThis is a valid "otherwise agreed" exclusion. Because Article 11 lets the parties contract out, and the exclusion was clear at signing, the tenant is bound by it and pays for the club separately from the rent.
Building management bars a tenant from the pool because the owner has fallen behind on the community service charge.
What is usually neededThe tenant's right to use the amenity comes from Article 11 and should not be lost over a dispute between the owner and the association. Withdrawing the tenant's use can also engage Articles 17 and 34, and the tenant may raise it at the RDC.
What an amenity-dispute file contains
- The Ejari-registered tenancy contract, showing whether any amenity is included or excluded
- Any addendum or community rules describing the shared facilities and how access works
- The listing or marketing material and agent messages that described the amenities on offer
- Access cards, photos or records showing which amenities the tenant was given the use of
- Any notice or invoice where the landlord sought to add an amenity charge or withdraw access
- Emirates ID or trade licence identifying the parties to match the contract
Common mistakes on both sides
The mistakeA landlord assuming they can bill the tenant separately for the pool or gym after signing.
The fixArticle 11 includes amenity use in the rent by default; any exclusion or extra charge must be agreed in the contract, not added later.
The mistakeWithdrawing access to an amenity to put pressure on a tenant.
The fixThe tenant's use is part of the rent; cutting it can also breach the duties in Articles 17 and 34, and the tenant can claim at the RDC.
The mistakeA tenant assuming every facility is automatically free, whatever the contract says.
The fix"Unless otherwise agreed" lets a clear contract term exclude a specific amenity or require a paid membership — so read the contract before signing.
The mistakeConfusing the right to use an amenity with the community service charge.
The fixArticle 11 covers the tenant's use of the amenities; who pays the annual service charge is a separate matter that usually rests with the owner unless clearly agreed otherwise.
The mistakeRelying on a verbal promise that a parking bay is included.
The fixGet the parking bay written into the contract; a silent contract invites a dispute, and the RDC will look at what was actually agreed.
Where MANJAZ fits in
MANJAZ is a publisher and service provider, not a court and not a law firm, and it never guarantees a particular result. What we do is practical: read a tenancy contract against Article 11 to see whether an amenity is included or has been validly excluded, check whether a parking, pool or gym charge was agreed at signing or is being added after the fact, organise the evidence — the contract, the listing, the community rules, the invoices — that shows what each side was promised, and help draft or answer a notice about an amenity charge or a withdrawal of access. Where the file has to move between Arabic and other languages, we arrange certified and legal translation, and we can follow up procedures at the Rental Disputes Centre.
Whether you are a landlord who wants to exclude or price an amenity correctly, or a tenant facing a surprise charge or a locked pool gate, the value is in getting the details right early: a contract that states plainly what the rent covers, a clear record of what was agreed, and the right article behind your position. Small errors at the contract stage are what most often decide these disputes, and they are the easiest to avoid.
Questions and answers
Yes, by default. Article 11 of Dubai's tenancy law says the rent covers use of the property's amenities — including pools, gyms, health clubs, playgrounds and car parks — unless your contract clearly agrees otherwise.
No, not unless your tenancy contract agreed it. Under Article 11 amenity use is included in the rent by default, so a landlord cannot add a separate charge for the pool or gym after you have signed unless the contract excluded that amenity or set the charge from the start.
Usually yes. Article 11 lists car parks among the amenities the rent covers, so a parking area designated for tenants is included unless the contract says otherwise. If the contract is silent and a fee later appears, the RDC can decide what was agreed.
Yes, but only by agreement. The words "unless otherwise agreed" let the parties exclude a specific amenity or require a separate paid membership — provided it is clear in the contract at signing, not introduced afterwards.
No, not where your rent covers it. Article 11 gives you the right to use the amenities as part of the rent; withdrawing that access can also engage the landlord's duties not to impair your use (Article 17) and not to disturb you (Article 34), and you can raise it at the RDC.
Not exactly. Article 11 covers your use of the amenities as part of the rent; who pays the annual community service charge for maintaining shared areas is a separate question, usually resting with the owner, unless your contract clearly agrees to shift it to you.
Official sources
- Dubai Legislation — Law No. 26 of 2007 (landlord & tenant, Article 11) — original text; Arts 2, 3, 4, 9, 13, 14, 15, 25, 26, 29, 36 amended by Law 33/2008
- Dubai Legislation — Law No. 33 of 2008 amending Law 26/2007
- Rental Disputes Centre — About the Centre
- Dubai Land Department
- UAE Government portal — leasing a property in the UAE
This content is for general information and awareness. It is based on the legislation and official sources available at the time of the last review, and procedures may differ according to the facts of each case and updates issued by the competent authorities. It is not legal advice, and MANJAZ is the publisher of this explanation, not the authority that issued the legislation.
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