1. Applicability
1.1 The General Terms and Conditions of Aion Real Estate L.L.C. apply to every mediation agreement as well as the resulting additional and/or subsequent agreements and arrangements between Aion Real Estate L.L.C. and property seekers or clients.
2. Definitions
2.1 Aion Real Estate L.L.C. is an office specializing in the mediation of property rentals between landlords, tenants, and property management.
2.2 A property seeker is a natural or legal person who has given an assignment for property mediation and is part of the seeker database of Aion Real Estate L.L.C.
2.3 A landlord is a natural or legal person who offers real estate for rent and is authorized to rent it out.
2.4 A tenant is a natural or legal person who has rented residential space through verbal or written acceptance of the offered residential space or by signing the lease agreement and is authorized to rent it.
2.5 In these general terms and conditions, the following terms are defined as:
– The activities: The mediation between landlord and tenant regarding the establishment of a lease agreement for a certain period for furnished and/or upholstered residential space, drafting a lease agreement, conducting an inspection of the rented property at the beginning and end of the lease, and settling pre-paid charges over the current year.
– The assignment: The agreement to perform activities.
– The client: The natural or legal person who commissions Aion Real Estate L.L.C. as a landlord or tenant to perform or have activities performed.
– Upholstered: The presence of floor coverings, window coverings, and fixed lighting fixtures.
– Furnished: The presence of inventory.
– Inventory: Everything present in the rented property, from furniture to linen/bedding, and from garden tools to kitchenware.
– Offer: The written proposal.
3. Assignment for Property Mediation
3.1 An assignment for property mediation is understood to mean an assignment from a property seeker to Aion Real Estate L.L.C. to provide services related to the mediation by Aion Real Estate L.L.C. in establishing an agreement between the landlord and property seeker or third party, whereby as much as possible the specifications provided by the property seeker and landlord are met. An assignment for property mediation is deemed to be given by the property seeker through registration in the database of Aion Real Estate L.L.C.
4. Registration & Deregistration
4.1 A property seeker can register by sending the completed online registration form available on the website www.aiondubai.com. Registration only takes place after the property seeker has accepted these general terms and conditions.
4.2 Registration with Aion Real Estate L.L.C. is activated immediately once Aion Real Estate L.L.C. has received a fully completed registration form with an acceptance of the General Terms and Conditions of Aion Real Estate L.L.C. No costs are associated with this registration. Mediation by Aion Real Estate L.L.C. is based on a no-cure-no-pay basis. The property seeker is only liable for a fee if successful mediation has taken place.
4.3 The registration for the property mediation assignment is valid for one calendar year. The data provided to Aion Real Estate L.L.C. will be removed from the database after the registration period.
4.4 A property seeker can deregister at any time by a written withdrawal of the property mediation assignment. For contact details please refer to the website www,aiondubai.com. Upon deregistration, the provisions mentioned in Article 10 of these general terms and conditions also apply.
5. Tenant Mediation
5.1 The key transfer and delivery of the rental space can only take place when the lease agreement is signed and the rent and security deposit have been fully paid to the renting party.
6. Property Acceptance
6.1 Acceptance of a property by the property seeker/tenant can take place through verbal agreement between Aion Real Estate L.L.C. and the property seeker, followed by a letter of intent and/or by signing the lease agreement.
7. Assignment for Rental Mediation
7.1 An assignment for rental mediation is understood to mean an assignment from the landlord to Aion Real Estate L.L.C. to provide services related to the mediation by Aion Real Estate L.L.C. in establishing an agreement between the landlord and a property seeker or third party, whereby as much as possible the specifications provided by the property seeker and landlord are met.
7.2 The assignment for rental mediation is valid for an indefinite period and can be terminated orally or in writing when the rental space is rented or is no longer available for rent.
7.3 The assignment for rental mediation at Aion Real Estate L.L.C. is activated immediately once Aion Real Estate L.L.C. receives an assignment confirmation with acceptance of the General Terms and Conditions of Aion Real Estate L.L.C. signed.
8. Contract Costs
8.1 If a landlord and a tenant wish to have a lease agreement drafted by Aion Real Estate L.L.C., Aion Real Estate L.L.C. will charge contract costs. These costs are increased by VAT.
8.2 The contract costs must be paid directly by the respective parties. Recovering payments is not possible.
9. Acceptance & Award
9.1 Acceptance of a property seeker/tenant by the landlord can take place through verbal agreement followed by written confirmation and/or by signing the lease agreement.
9.2 Aion Real Estate L.L.C. provides the landlord with rental advice. This advice includes, among other things, a description of the profile of the prospective tenant.
9.3 The client ultimately decides to whom the property is awarded.
10. Payment Obligation
10.1 If after the landlord (by termination or otherwise) has ended the assignment for rental mediation, a lease agreement with a property seeker is established as a result of the services provided by Aion Real Estate L.L.C., this agreement, unless proven otherwise by the landlord, is deemed to have been established through mediation by Aion Real Estate L.L.C. and the landlord owes the full fee for the services.
11. Special Provisions
11.1 Aion Real Estate L.L.C. reserves the right to amend or adjust the General Terms and Conditions of Aion Real Estate L.L.C.
11.2 The information provided by Aion Real Estate L.L.C. is non-binding and intended solely for property seekers, landlords, and management.
11.3 No rights can be derived from the General Terms and Conditions of Aion Real Estate L.L.C.
12. Liability
12.1 The landlord and the property seeker/tenant indemnify Aion Real Estate L.L.C. against all third-party claims, including reasonable legal costs, related to the services performed by Aion Real Estate L.L.C. for the landlord, property seeker/tenant, and managed properties.
12.2 Aion Real Estate L.L.C. is not liable for the consequences of actions by the landlord. Aion Real Estate L.L.C. is not liable for the way a landlord, after signing the lease contract, does or does not fulfill their obligations as a landlord.
12.3 Aion Real Estate L.L.C. is not liable for the consequences of actions by the property seeker/tenant. Aion Real Estate L.L.C. is not liable for the way a tenant, after signing the lease contract, does or does not fulfill their obligations as a tenant.
12.4 The website www.aiondubai.com of Aion Real Estate L.L.C. is intended to provide information to our clients. The content of the website is compiled with the utmost care, but no guarantees can be given regarding the nature or content of the information on the website. Aion Real Estate L.L.C. is not liable for the content of this information or the consequences of its use.
12.5 In case of attributable shortcomings by Aion Real Estate L.L.C. in the fulfillment of the agreement, the client will give Aion Real Estate L.L.C. the opportunity to perform the agreed service in accordance with the agreement within a reasonable time. In that case, Aion Real Estate L.L.C. is never obliged to pay further compensation of any kind.
12.6 If it is unreasonable to expect the client to give Aion Real Estate L.L.C. the opportunity to perform, the client is entitled to terminate the agreement by written declaration. In that case, the liability of Aion Real Estate L.L.C. for possible damages suffered by the client is limited to replacement compensation, which can amount to a maximum of 50% of the amounts invoiced or to be invoiced by Aion Real Estate L.L.C. to the client under the relevant agreement, excluding VAT. The liability of Aion Real Estate L.L.C. for further damages suffered by the client is explicitly excluded, including additional damages in any form, indirect or consequential damages, business damages, or damages due to lost profits, delay damages, etc.
12.7 A condition for the creation of any right under the provisions of this article is always that the client has reported a shortcoming attributed to Aion Real Estate L.L.C. in writing to Aion Real Estate L.L.C. as soon as reasonably possible.
12.8 Aion Real Estate L.L.C. is in any case never liable for:
– Damage to and/or theft of items belonging to the tenant and/or their belongings;
– The consequences of visible and/or hidden defects in the rented property;
– Disputes between tenant and landlord about the rent amount and not for any consequences of a decision by a regulatory body regarding the rent;
– Other disputes that arise between the landlord and tenant and fall outside the scope of the work of Aion Real Estate L.L.C.
13. Inspection and Monthly Inspection of the Rented Property
13.1 The landlord / Aion Real Estate L.L.C. has the right, and the tenant will cooperate, to inspect the rented property and/or perform necessary repairs and/or improvements between 9:00 AM and 6:00 PM for intended re-rental, sale, open house routes, and necessary repair and/or improvement works, provided that the landlord/Aion Real Estate L.L.C. has notified the tenant within a reasonable time in advance.
13.2 The landlord / Aion Real Estate L.L.C. has the right, and the tenant will cooperate, to conduct monthly interim inspections of the rented property. The date for the inspection will take place on the first working day of each month.
14. Formation of Agreement and Amendments
14.1 All offers, price quotes, and the like from Aion Real Estate L.L.C. are without obligation unless explicitly agreed otherwise in writing. If an offer or price quote and the like contain a non-binding offer and this offer is accepted by the client, Aion Real Estate L.L.C. has the right to revoke the offer within two working days after receiving the assignment from the client. Earlier offers or price quotes and the like are deemed to have been revoked after issuing a new offer or price quote and the like.
14.2 Agreements with Aion Real Estate L.L.C. are concluded as soon as the acceptance of the offer reaches Aion Real Estate L.L.C.; this acceptance shows that the client agrees to the applicable declaration of the general terms and conditions.
14.3 Assignments, amendments, supplements, and/or extensions of an assignment are only binding if and to the extent that they have been confirmed in writing by Aion Real Estate L.L.C. The assignment confirmation is deemed to correctly and fully reflect the agreement. In such a case, Aion Real Estate L.L.C. has the right to condition its commitment to an assignment on the signing by the client of a copy of the written confirmation sent by Aion Real Estate L.L.C. to the client.
14.4 If changes to the agreement between Aion Real Estate L.L.C. and the client lead to an increase or decrease in costs, a resulting change in the price must be agreed upon in writing between the parties.
14.5 For services or activities for which, given their nature and limited scope, no offer or assignment confirmation is sent, the invoice will also serve as an assignment confirmation. In that case, the invoice is deemed to correctly and fully reflect the agreement.
14.6 If an agreement is concluded between Aion Real Estate L.L.C. and two or more clients, these clients are each jointly and severally liable for the fulfillment of the obligations arising from the agreement.
15. Formation of Lease Agreement
15.1 All delivery terms mentioned by Aion Real Estate L.L.C. are determined to the best of their knowledge based on the information known to Aion Real Estate L.L.C. at the time of entering into the agreement, and they will be observed as much as possible. However, the delivery terms mentioned by Aion Real Estate L.L.C. are not binding. Aion Real Estate L.L.C. is never bound to delivery terms that cannot be met due to reasonably unforeseeable circumstances that have occurred after the agreement was entered into. If any term is at risk of being exceeded, Aion Real Estate L.L.C. is obliged to consult with the client as soon as reasonably possible.
15.2 Agreements between tenant and landlord are concluded by signing the lease agreement prepared for this purpose.
15.3 After a lease agreement is concluded, the tenant is obliged to pay the applicable costs to Aion Real Estate L.L.C. regarding contract or brokerage costs as indicated on the website of Aion Real Estate L.L.C.
15.4 The rent mentioned in the lease agreement is deemed to have been determined by the landlord – whether or not after consultation with Aion Real Estate L.L.C.
16. Permissions/Rights and Obligations: Aion Real Estate L.L.C.
16.1 Aion Real Estate L.L.C. will perform the activities according to the provisions of the agreement. The activities are carried out within the normal working hours of Aion Real Estate L.L.C. unless otherwise agreed.
16.2 Aion Real Estate L.L.C. reserves the right to refuse an assignment without being obliged to give reasons.
16.3 Aion Real Estate L.L.C. ensures that the activities are performed by competent persons.
16.4 Aion Real Estate L.L.C. is entitled to suspend the “check-in” of the tenant and refuse key transfer to the tenant if the payment of the first rent term, as well as the payment of the applicable deposit, cannot be demonstrated, unless the landlord expressly gives written permission to perform the “check-in”.
16.5 Aion Real Estate L.L.C. is obliged to treat the information provided to it by the tenant/landlord confidentially.
16.6 Aion Real Estate L.L.C. is not liable for:
– Damage to and/or theft of items belonging to the tenant and/or their belongings;
– The consequences of visible and/or hidden defects in the rented property.
16.7 In the event of early termination of any kind, no refund of the brokerage fee charged can be made, nor is settlement possible with a subsequent agreement.
16.8 If an agreement prepared by Aion Real Estate L.L.C. is extended, the extension will also be prepared by Aion Real Estate L.L.C. The parties involved may be charged the applicable administration costs of AED 1000 excluding VAT for this.
16.9 Aion Real Estate L.L.C. is obliged to return any deposit paid by the tenant within one month after a satisfactory final inspection to the tenant.
17. Check-in/Check-out at the Beginning and End of the Rental Period
17.1 Aion Real Estate L.L.C. undertakes to hand over the keys and provide the tenant with:
a. An inventory list; (if applicable)
b. An inspection report documenting the condition of the rented property;
c. The contact details of the property manager as a contact point for the tenant;
d. Multilingual user manuals for the appliances present in the rented property if available.
17.2 The tenant and landlord undertake to date and sign for approval the inventory list and inspection report mentioned in subparagraphs 1a. and 1b. at the start of the rental period.
17.3 The tenant must inform Aion Real Estate L.L.C. within three days of taking possession of the rented property about any damages and/or defects that were not identified during the inspection.
17.4 The tenant is obliged to hand over all keys to Aion Real Estate L.L.C. at the end of the lease agreement and deliver the rented property in the condition in which it was taken, except for wear and tear from normal use of the rented property:
a. As described in the inventory list mentioned in subparagraph 1a.;
b. As described in the inspection report mentioned in subparagraph 1b.;
c. Clean and in good condition;
d. Completely vacated and free of usage rights.
17.5 The tenant must schedule an appointment with Aion Real Estate L.L.C. in a timely manner regarding the time of the property delivery for joint inspection of the inventory and maintenance condition.
17.6 During the inspection mentioned in the previous paragraph, the findings are noted in a “delivery report” describing the necessary repairs and deferred maintenance that will be at the tenant’s expense and how they will be carried out. The delivery report must be signed by both the tenant and the landlord for approval, after which it is deemed binding on both parties, except for the presence of hidden defects.
17.7 If the tenant refuses to cooperate in preparing the delivery report, the delivery report as prepared by Aion Real Estate L.L.C. is considered to be in accordance with the findings.
17.8 If the tenant fails to fulfill the obligations arising from the delivery report mentioned in paragraph 6 after being requested and summoned to do so, Aion Real Estate L.L.C. is entitled to have the necessary work carried out by third parties at the tenant’s expense.
17.9 If due to the work resulting from the delivery report mentioned in paragraph 6, the rented property is delivered after the eviction date in the condition mentioned in paragraph 4, the tenant owes Aion Real Estate L.L.C. the pro-rata rent calculated over the number of days between the original eviction date and the final eviction date, without prejudice to the right of Aion Real Estate L.L.C. to claim further damages and costs.
17.10 If the rented property is not delivered by the tenant in accordance with paragraph 4, Aion Real Estate L.L.C. has the right to charge cleaning costs to the tenant based on a quote from an official cleaning company.
17.11 In the case of hidden defects noticed by the landlord after the delivery report is prepared and signed, the landlord is obliged to contact Aion Real Estate L.L.C. within two working days after the eviction. Aion Real Estate L.L.C. will assess the hidden defects in the presence of the tenant and, if necessary, prepare an additional delivery report. The provisions of paragraphs 6 to 10 apply mutatis mutandis to the additional delivery report.
17.12 Aion Real Estate L.L.C. is entitled, after requesting and if necessary summoning the tenant, to remove items left behind by the tenant in the property, with the costs incurred for this being at the tenant’s expense.
18. Permissions Required from Landlord / Aion Real Estate L.L.C.
18.1 It is forbidden for the tenant to do the following without prior written permission from the landlord / Aion Real Estate L.L.C.:
a. Rent out or give the rented property, in whole or in part, to third parties;
b. Carry out or have alterations or other changes made;
c. Give the rented property a different purpose;
d. Install or have installed an antenna or dish for radio/television;
e. Keep pets in the rented property;
f. Alter or remove the upholstery/furniture present in the rented property.
18.2. The landlord / Aion Real Estate L.L.C. is entitled to modify or attach conditions to a previously given permission.
18.3. A permission given by the landlord / Aion Real Estate L.L.C. is one-time and does not automatically apply to subsequent cases. Permission must be obtained each time for each case.
18.4. Despite the permission given by the landlord / Aion Real Estate L.L.C., the tenant is liable for all damages resulting from the actions mentioned in subparagraphs 1a. to 1f. After the lease agreement ends, the rented property must be disinfected by a cleaning company at the tenant’s expense if pets were kept.
18.5. If the tenant acts in violation of the provisions of subparagraph 1 of this article, the tenant forfeits to the landlord / Aion Real Estate L.L.C. a penalty for each calendar day the violation continues. The penalty is immediately due and payable and not subject to judicial mitigation, equal to twice the rent applicable to the tenant at that time per day, without prejudice to the right of the landlord / Aion Real Estate L.L.C. to demand performance or terminate the lease agreement and claim damages.
19. Tenant Obligations
19.1. The tenant declares to know the rented property and does not require a further description of it.
19.2. The tenant undertakes to use and maintain the rented property continuously as a good housekeeper.
19.3. The tenant will notify the landlord / Aion Real Estate L.L.C. of damage and defects that have occurred or are threatening to occur in or to the rented property. The tenant will confirm this notification in writing. If damage or defect is not or not timely reported, the tenant will be liable for the consequences of the damage.
19.4. The tenant undertakes not to cause nuisance to neighbors as a result of noise, smell, or other forms of disturbance.
19.5. The tenant undertakes, if applicable, to sign the homeowners’ association’s house rules of which the rented property is part.
19.6. The tenant has the right to quiet enjoyment of the rented property without interference from the landlord provided they comply with the lease terms and local laws.
20. Landlord Obligations
20.1. The landlord is obliged to take out a building and (if applicable) contents insurance for the rented property, including glass insurance.
20.2. The landlord has obtained or notified the following, if applicable, for the lease agreement:
a. The homeowner or administrator’s permission for subletting or cohabitation;
b. The Municipal Housing Department;
c. The mortgagee;
d. The insurers.
20.3. The landlord must ensure the property complies with all local laws and regulations, including health and safety standards. Any changes to the property that affect the tenant’s use must be communicated in advance.
21. Maintenance of the Rented Property
21.1. Normally, maintenance due to wear and tear/age of the rented property is the responsibility of the landlord.
21.2. The tenant will take all necessary measures to prevent damage to the rented property and adjoining properties, including damage that could result from any weather condition.
21.3. The landlord is obliged to maintain the exterior of the rented property in good condition, while the tenant is obliged to maintain the interior in good condition. Both parties must timely and adequately make necessary provisions – including renewals/replacements – at their own expense, as required by law or any other government regulation.
21.4. All renewals/replacements by the tenant must be carried out by a recognized professional and the tenant must keep all payment proofs for the work performed.
21.5. The tenant is responsible for minor maintenance and repairs as defined in the lease agreement. Major repairs and structural maintenance are the responsibility of the landlord unless damage is caused by the tenant’s negligence.
22. Tenant’s (Maintenance) Obligations
22.1 Minor and daily repairs will be carried out by and/or at the expense of the tenant, including:
a. Maintenance, replacement, or repair of damage due to incorrect operation of the fill hoses, keys, and fittings of the central heating system;
b. Maintenance and repairs to doorbells, switches, sockets, fuses, indoor and outdoor lighting, and lamps;
c. Adjusting, tightening, lubricating, and replacing hinges, locks, window latches, and door handles (including fixed cabinets);
d. Maintenance and replacement of draft strips;
e. Minor maintenance of taps, shower hose, hand shower, holder, and coupling as well as maintenance and replacement of washbasins, bathtubs, soap dishes, toilet bowls, and other sanitary accessories after damage caused by the tenant;
f. Maintenance and replacement of toilet seat and float valve in the toilet tank;
g. Descaling (mixing) taps and replacing washers etc. This applies to a lease contract of 12 months or longer. If a lease agreement is shorter, the costs will be proportionally charged.
22.2 The tenant will maintain the rented property, including:
a. Preventing freezing and – in case of neglect – repair after frost damage;
b. Replacement and/or repair of exterior doors and windows due to blowing out as a result of neglect by the tenant;
c. Replacement of mirrors in doors, cabinets, and windows;
d. Replacement of lost or damaged keys and locks;
e. Repairs due to overloading of electrical installations by improper use;
f. Cleaning mechanical ventilation, cleaning/replacing filters, and repairs to vent and/or ventilation grilles, valves, and extractor hoods;
g. Cleaning windows and woodwork inside and outside the rented property;
h. Pest control such as lice, cockroaches, wasps, ants, mice, fleas, and other pests, as well as disinfection in connection with such pests;
i. Operating, filling, and venting the central heating system etc.
22.3 The tenant is responsible for damage caused by his actions to interior painting, wallpaper/painting, ceilings and plasterwork, wall tiles and floor tiles, parquet and floor coverings, as well as damage caused by holes, plugs, removing wallpaper etc.
22.4 Regarding the sanitary facilities in the rented property, the tenant is responsible for:
a. Maintaining/cleaning drains and traps of washbasins, showers, sinks (including chains and drain plugs);
b. (Having) unclogged drains and sewers as far as caused by the tenant.
22.5 The tenant will maintain the exterior of the rented property, including:
a. Cleaning the fire escapes, stairwells, and common areas if not included in the rent;
b. Cleaning and unclogging rainwater drains (downpipes), gutters, or collection tanks, sewers, and wells;
c. Repairing damage resulting from entering roofs by the tenant and his associates;
d. Cleaning windows and woodwork outside;
e. Maintaining and cleaning paving of gardens, carports, terraces, and common paths;
f. Maintaining and cleaning gardens, including pruning shrubs, hedges, and trees etc.
22.6 Except for normal wear and tear, the tenant is liable for all damage, maintenance, and repairs to the interior and contents of the rented property resulting from:
a. Vandalism;
b. Damage;
c. Neglect by the tenant;
d. Improper/improper use;
e. Insufficient ventilation of the rented property.
22.7 In case of disagreement between the parties regarding the provisions of this article, a dispute exists to which Article 21 of these terms and conditions applies.
23. Landlord’s (Maintenance) Obligations
23.1 The landlord will make the rented property and the associated garden and accessories available to the tenant at the start of the lease:
a. In good maintenance condition;
b. Clean, moisture-free, and (as far as possible) draft-free;
c. Equipped with proper locking mechanisms;
d. With adequate ventilation possibilities for the rented property.
23.2 Regarding the provisions of paragraph 1b. about whether the rented property is clean at the start of the lease, the societal norms of decency and reasonableness and fairness apply, with the understanding that the parties will comply with the judgment of Aion Real Estate L.L.C. in case of disagreement.
23.3 The landlord is responsible for major maintenance inside the rented property, including:
a. Maintenance, repair/replacement of windows, window sills, and frames;
b. Maintenance and repair of locks giving access to common areas, as well as locks of exterior doors;
c. Maintenance and repair of locks and replacement of locking mechanisms, locks, and espagnolettes of exterior doors and windows;
d. Maintenance and repair of ceiling structures, loose plaster, and construction cracks;
e. Maintenance and repair of stair railings inside the house;
f. Maintenance and repair of the electrical installation, including fuse box, wiring, and grounding of the electrical installation;
g. Maintenance and repair of (electric) door openers, bell, and bell installation;
h. Maintenance of the house phone, internal communication system;
i. If the rented property is part of an apartment building/complex, maintenance of common areas inside, as well as all maintenance work that the homeowners’ association is obliged to perform;
j. Woodworm control;
k. Repair of chimneys and ventilation channels;
l. General maintenance/replacement and repair of the heating boiler, radiators, circulation pumps, thermostats, and other accessories, pipes, and taps of the heating system, hot water supply system, and the hydrofoor;
m. Annual maintenance of the heating system (combi boiler), geyser, boiler, chimney, with the understanding that the costs are charged to the tenant.
23.4 The landlord is responsible for major maintenance of the property and accessories, including:
a. Structural maintenance of the
plot and accessories;
b. Maintenance/repair of the foundation, floor structure, and floor finish;
c. Maintenance and repair/replacement of roofing, roof penetrations, roof gutters, and drains;
d. Roof hatches/windows and roof tiles as a result of normal wear and tear or any weather condition.
23.5 Regarding the sanitary facilities in the rented property, the landlord is responsible for:
a. Replacement and/or repair of water and gas supply and drainage pipes;
b. Replacement and/or repair of traps/swan necks in case of clogs and/or leaks;
c. Replacement and/or repair of taps, washbasins, sinks, cisterns, and toilet bowls;
d. Replacement and/or repair of countertops and kitchen cabinets due to normal wear and tear.
23.6 Regarding the exterior of the rented property, the landlord is responsible for:
a. Repair and maintenance/replacement of roofs and floors of the shed and/or external storage;
b. Painting the exterior of the rented property, including fixed and moving parts, balconies, railings, external stairs, as well as maintenance of shed and brickwork;
c. Maintenance and repair of external stairs and external concrete, balconies, railings, and brickwork;
d. Maintenance and repair/replacement of sewage wells and drains outside the rented property;
e. Raising gardens and terraces;
f. Maintenance of property boundaries and fences.
24. Costs for Tenant
The following are at the tenant’s expense and risk:
a. All minor repairs to, in, and of the rented property up to an amount of AED 400 excluding call-out costs and VAT;
b. All costs resulting from the provisions of Article 23 paragraphs 2 to 6;
c. All charges and costs that will be levied as user charges regarding the rented property, including those related to the use of gas, electricity, water, and CAI contributions, including fixed charges and subscriptions;
d. All costs related to the subscription, use, and meter readings of the telephone;
e. The costs of the annual maintenance subscription of the heating system and water installation, as well as the costs of the annual chimney sweep related to the duration of the lease agreement;
f. The additional costs of central heating if the rented property is part of an apartment building/complex and the costs are included in the total rent or periodically paid by or on behalf of the landlord;
g. All taxes imposed by the government on the resident, such as purification charges, etc.;
h. The insurance premiums related to everything the tenant brings into the rented property.
25. Costs for Landlord
The following are at the landlord’s expense and risk:
a. All costs and repairs to, in, and of the rented property, except as provided in Article 24;
b. Polder and water board charges, ground, precinct, and sewerage charges, as well as property tax, as well as all taxes imposed by the government on the owner of the rented property;
c. The premiums related to the building and contents insurance of the rented property;
d. Costs incurred for cleaning by a recognized cleaning and maintenance company if the landlord does not meet the provisions of Article 26.
26. Default
26.1 The tenant is in default by operation of law with all the consequences that UAE law attaches to this if:
a. The agreed rent is not fully paid on the agreed payment date;
b. He/she has terminated the use prematurely without giving notice;
c. He/she does not comply with any condition attached to a permission granted by the landlord;
d. He/she applies for a suspension of payments or bankruptcy;
e. He/she is declared bankrupt;
f. He/she loses free disposal of his/her assets or part thereof.
26.2 In the event of default after a notice of default sent by the landlord, the landlord has the right if the tenant has not remedied the default within eight working days after the notice of default:
a. To immediately terminate the lease agreement;
b. To declare the lease agreement terminated;
c. To gain access to the rented property at the tenant’s expense and take possession of it;
d. To have all reasonably necessary work carried out at the tenant’s expense without the tenant having any right to compensation or otherwise.
26.3 The tenant will have no right to compensation for damages and/or costs related to the provisions of paragraphs 1 and 2 of this article.
26.4 The tenant is in default due to the mere passage of a specified term or the occurrence of any circumstance as provided in paragraph 1 of this article.
26.5 The tenant is obliged to compensate the landlord/Aion Real Estate L.L.C. for all damage, costs, and interest resulting from:
a. The tenant’s shortcomings;
b. A fault attributable to the tenant due to one or more circumstances as referred to in paragraphs 1 and 2 of this article;
c. Early termination (if applicable) of the lease agreement, including termination due to bankruptcy or suspension of payments.
26.6 If an amount owed by the tenant under the lease agreement is not promptly paid on the due date, the tenant forfeits a penalty of 1% per month over the outstanding principal sum from the due date until the day of full payment after being put in default by the landlord/Aion Real Estate L.L.C.
26.7 In all cases of default in fulfilling any obligation arising from this agreement, and if the landlord/Aion Real Estate L.L.C. or the tenant / Aion Real Estate L.L.C. brings the tenant or the landlord to court for performance or has someone else bring the claim, the party in default is liable for all costs incurred (out-of-court).
27. Privacy
After registering with Aion Real Estate L.L.C., your personal data will be recorded in the database of Aion Real Estate L.L.C. The purpose of this registration is to find a residential space for you as a property seeker that matches your housing preferences from the offer. Aion Real Estate L.L.C. does not provide your data to third parties. Your data is only used by Aion Real Estate L.L.C.
28. Other Provisions
28.1 Changes to or deviations from the General Terms and Conditions of Aion Real Estate L.L.C., the mediation agreements between the parties, and/or additional or deviating stipulations are only valid if they have been recorded and signed in writing by the parties.
28.2 The invalidity or unenforceability of a provision of the mediation agreement does not invalidate the agreement as a whole. Instead, the parties will agree on an appropriate arrangement that approximates the intention of the parties and the economic result they intended as closely as possible in a legally effective manner.
28.3 Failure by a party to take action in case of non-performance of any provision of this agreement by the other party, or permitting or tolerating a deviation from any provision of this agreement, cannot be considered a waiver of rights.
29. Applicable Law
The General Terms and Conditions of Aion Real Estate L.L.C. are governed by the common law in the UAE.
