Everything you need to know about Dubai tenancy law
- RERA’s Tenancy Laws
- Terms of the Tenancy Contract
- Rent Increases
- General Rules for Tenants and Landlords
- FAQs
Before you sign the dotted line of your rental contract in Dubai, it’s important to familiarise yourself with the RERA tenancy contract rules. RERA (Real Estate Regulatory Agency) oversees the overall relationship between the tenants and landlords, including protecting tenant rights in Dubai and ensuring landlords fufill their obligations. Let’s dig in deep to learn about Dubai tenancy law, terms of the tenancy contract, rent increases and more.
ABOUT RERA’S TENANCY LAWS
As a Dubai Land Department regulatory branch, the Real Estate Regulatory Agency (RERA) was established to oversee the implementation of Dubai’s tenancy rules for rental properties in Dubai. RERA is in charge of regulating the relationship between a landlord and a renter.
When it comes to the RERA tenancy law in Dubai, there are four main laws regarding tenancy rules and regulations in Dubai to keep in mind:
- Law No. (26) of 2007: This law regulates the relationship between landlords and tenants in Dubai.
- Law No. (33) of 2008: This law amended certain articles of Law No. (26) of 2007 and governs the landlord-tenant relationship in Dubai.
- Decree No. (26) of 2013: This law established the Rental Disputes Settlement Centre (RDC), which handles all types of rental disputes in Dubai.
- Decree No. (43) of 2013: This law explicitly governs rent increases in Dubai.
Let’s take a closer look at the tenancy law in Dubai. Essentially, this post will cover all you need to know about the RERA laws for tenants outlined by Law No. (26) of 2007.
TERMS OF THE RERA TENANCY LAW IN DUBAI
Under the provisions of Law No. 26 of 2007, which governs the relationship between landlords and tenants, the Real Estate Regulatory Agency has established specific contractual guidelines to ensure the efficient operation of the rental property market in Dubai.
According to Article 4 of Law (33) of 2008, the tenant or landlord must register the tenancy contract with the Real Estate Regulatory Agency (RERA) through Ejari. This ensures that the unit is not leased twice at the same time.
Article 6 of RERA’s tenancy Law (26) of 2007 states that if the tenancy contract in Dubai expires and the tenant continues to live in the property without objection from the landlord, the term of tenancy will be extended automatically for the same period of one year (whichever is less), on the same terms and conditions.
According to Article 28 of the property rent law in Dubai, transferring property ownership to a new owner will not impact the tenant’s right to occupy the property.
AMENDING THE TERMS OF THE CONTRACT
According to Article 14 of the Dubai Tenancy Law, if the landlord or tenant wishes to amend the contract terms, they must notify the other party at least 90 days before the contract expires.
Thus, if the landlord or tenant wishes to change the rent amount and contract tenure or include/exclude any clauses, they must convey so within this three-month deadline.
TERMINATING TENANCY CONTRACT IN DUBAI
Article 7 of the RERA tenancy law in Dubai says that valid rental agreements cannot be unilaterally terminated during its term by either tenant or landlord unless both parties agree upon it.
According to Article 27, the tenancy agreement does not expire even if the tenant or landlord dies. In such cases, the tenancy relationship is transferred to the party’s heirs and unless they decide to terminate it, the contract stays valid. If they choose to end the deal, the heirs must give 30 days or the days remaining to the expiry of the contract, whichever comes first as notice.
No RERA property rent law specifically governs the early termination of tenancy contracts in Dubai. If tenants want to break the rental contract in Dubai, they must adhere to Dubai tenancy law’s early termination clause. If such a clause does not exist, the landlord could demand compensation for ending the tenancy contract early.
VACATING NOTICE TO THE LANDLORD
As per Law No. (33) of 2008, the tenant is not required to provide any notice before vacating the property upon the expiry of the contract. Law No. (33) of 2008 removed the previously mandatory requirement of providing a 90-day vacating notice to landlords in Dubai.
However, priority is given to the terms of your tenancy contract, which may require a specific notice period in the case of non-renewal of the contract. If you do not adhere to this clause in your contract, the landlord can demand compensation as a penalty for failing to provide the required notice.
When the tenant vacates the property, the landlord must refund the security deposit to the tenant, either in full or the amount remaining after making deductions. Make sure you know how to get the security deposit from your landlord.
How to evict a tenant in Dubai is a common query. The next heading will shed light on this issue.
TENANCY LAW IN DUBAI REGARDING EVICTIONS
As for RERA law for eviction, Article 25 of Law No. (26) of 2007, which was amended by Law No. (33) of 2008 states that there are certain cases where the landlord can demand the eviction of the tenant before the expiry of the contract. This includes:
- The tenant fails to pay the rent within 30 days of being served with the landlord’s written notification.
- The tenant subleases the property without the landlord’s written approval.
- Tenant uses or allows others to use the property for immoral or illegal activities.
- Tenant causes or allows others to cause damage or changes to the property that endangers its safety.
- The tenant uses the property for purposes other than what it was leased for.
- The tenant fails to comply with any of the terms of the tenancy contract or the law within 30 days of being served a written notification from the landlord.
- A landlord can demand eviction for commercial properties if the tenant has closed operations for 30 consecutive or 90 non-consecutive days without giving any valid reasons.
- If the government entity for the urban development of the emirate requires the demolition of the property.
According to the RERA tenancy contract rules, the landlord can also seek eviction upon expiry of the tenancy contract if:
- The landlord wishes to reconstruct or demolish the property
- The property requires significant maintenance or renovation that cannot be done while the tenant is occupying it
- The landlord wants to sell the property
- The landlord wants to use the property for his personal use or even for his relatives of the first degree.
In such cases, the landlord must give the other party 12 months’ written notice by registered mail or public notary.
RENT INCREASE IN DUBAI
The Dubai rental law also clarifies queries and confusion regarding increases in rent in Dubai.
Article 9 of Law (26) of 2007 requires landlords and tenants to specify a mutually acceptable rent value within their tenancy contract. This rent amount cannot be increased before the end of a two-year tenure from the original contract date.
As with all other amendments to the tenancy contract in Dubai, the landlord must inform tenants of any intended increase in rent at least 90 days before the contract expires. The tenant can accept or refuse the increase, with at least 60 days’ notice before the renewal date in case of a refusal. You can prepare for tenancy fees and associated costs in advance.
If both parties cannot reach an agreement or the tenant wishes to contest an unfair rent increase, they can file a rental dispute in Dubai at the Rent Dispute Settlement Centre.
All increases in rent for properties in Dubai must abide by Decree No. (43) of 2013. The rise is limited to a maximum of 20% from 21st December 2013 to date. According to this rental law in Dubai, there are different caps on the maximum rent increase, depending on the current rent of the property.
For instance, the Dubai tenancy law states that no rent increase is allowed if the current rent of the property is up to 10% less than the average rent of similar units, while a 5% increase is allowed if the current rent is between 11% to 20% less than the average rent.
Article 10 of Law (26) of 2007 grants the sole authority of specifying the rent increase percentage in Dubai to the Real Estate Regulatory Agency. Landlords and tenants can use RERA’s rental index calculator on the DLD official website to determine the percentage of rent increase they are eligible for.
RESPONSIBILITIES OF TENANTS AND LANDLORDS
GENERAL OBLIGATIONS AND TENANT RIGHTS IN DUBAI
Here are some RERA tenancy contract rules for tenants to keep in mind when looking for properties for rent in Dubai:
- Article 19: The tenant must make rental payments in Dubai on the due date. The tenant cannot perform any maintenance, restoration, or changes to the property unless the landlord permits.
- Article 21: At the end of the lease agreement, it’s also incumbent upon the tenant to surrender the property in the same condition, except for ordinary wear and tear.
- Article 22: Unless the landlord and tenant have agreed otherwise, the latter is responsible for paying necessary taxes and fees due to the relevant government departments.
- Article 23: When vacating the property, the tenant must not remove any improvements made unless otherwise agreed upon between the parties.
GENERAL OBLIGATIONS OF LANDLORDS IN DUBAI
According to the RERA property rent law, the landlords in Dubai have the following obligations.
- Article 15: The landlord must ensure the property handed over is in good condition and allows the tenant to use it fully as per the contract.
- Article 16: Unless agreed otherwise, the landlord is responsible for maintaining, repairing, and restoring any faults, defects, or wear and tear caused to the property for the entire term of the tenancy contract.
- Article 17: The landlord should not change the leased property that would directly or indirectly hinder its full intended use by the tenant.
- Article 18: The landlord must provide the tenant with official permits and/or licences required to carry out any construction or redecoration of the property, where relevant.
To ensure a smooth tenancy contract experience, read our guide on tips for building a good tenant-landlord relationship.
FAQS About Dubai Tenancy Law
HOW DO I EVICT A TENANT IN DUBAI?
To evict a tenant, the Dubai tenancy law eviction states that you need to:
- Have a valid reason for eviction in line with Article 25 of Law No. (26) of 2007.
- Issue a written 30-day eviction notice to the tenant via registered mail or public notary.
- Get eviction authorised by RERA.
WHO IS RESPONSIBLE FOR MAINTENANCE AND REPAIRS IN A RENTAL PROPERTY IN DUBAI?
According to Article 16 of the Landlord and Tenant Law, the landlord is responsible for conducting maintenance, repairs or addressing any damages that prevent the tenant from fully enjoying the leased property. However, it is common for tenants to be responsible for repair costs of AED 500 or less for apartments and AED 1,000 or less for villas, provided that both parties agree upon such an arrangement.
WHERE CAN I COMPLAIN ABOUT MY LANDLORD IN DUBAI?
You can file a complaint at the Dubai Land Department’s Rent Disputes Settlement Centre. Their head office is located in Deira.
CAN THE LANDLORD INCREASE MY RENT IN DUBAI AFTER 1 YEAR?
According to tenancy rules and regulations in Dubai, landlords can increase rent after a year.
CAN MY LANDLORD RE-LET MY APARTMENT/VILLA AFTER EVICTING ME?
This depends on the reason given at the time of eviction.
- If the reason for eviction is selling the property, moving in himself/herself or next of kin of first degree, the landlord cannot rent it again for at least two years.
- A landlord cannot evict a tenant to re-let the property to someone else for a higher rent. If they do this, a penalty will be imposed (unless the previous tenant signs an NOC).
We hope this guide to Dubai tenancy law clarifies the terms of your contract and helps you understand your rights and responsibilities.
Are you interested in renting a property in Dubai? You can browse our listings for rental apartments in Dubai or our massive portfolio of villas for rent in Dubai.
But before you go out souring for rental properties, there are certain things to consider when renting in Dubai that can help you make better, informed decisions.
Whether buying, selling or renting a property in Dubai, please familiarise yourself with all the RERA forms and their purpose.
If you’re planning to move to the UAE’s capital city, we recommend familiarising yourself with tenancy laws in Abu Dhabi. Different rental laws govern each emirate. Thus, there will be different procedures and obligations to keep in mind.
Lastly, our guide on landlord’s checklist for choosing tenants in Dubai can be useful when renting out your property in the city.
Stay tuned to MyBayut for more articles on Dubai tenancy law!
