Whether you're a tenant or a landlord, it's important to know your rights when renting a property. RERA, Dubai’s real estate regulatory agency, have created laws including No. 26 of 2007, No. 33 of 2008, and Decree No. 2 of 2011, which outline the roles and responsibilities of tenants and landlords. When both parties know the tenancy rules and each other’s rights, it will be helpful to avoid any future issues and misunderstandings.
To save you time, this handy guide will give you a great introduction to tenant and landlord rights in Dubai in 2024
RERA works as a regulatory authority under the supervision of DLD to oversee the implementation of tenancy laws for rental properties in Dubai. It is responsible for regulating the relationship between landlords and tenants. There are four main rules and regulations regarding the tenancy laws that you should keep in mind.
Law No. (43) of 2013 specifically governs rent increases in Dubai.
Renting a property in Dubai comes with perks and challenges. Even though Dubai offers a lavish lifestyle, amenities, and diverse housing options, tenants must be aware of their rights and legal protections in case of disputes with the landlords.
One of the most important things you should know as a tenant is that when you rent a property in Dubai, the landlord is responsible for all the repairs and maintenance work. But this might vary depending on the contract. Generally, tenants manage the repair and maintenance bill of up to AED500 for apartments and AED 1000 for villas.
The tenant has the right to vacate the property before completing the contract with the one-month prior notice. But in that case, the landlord is not obligated by the rule to refund any rent unless there is a clause in the contract which mentions the early termination scenario. Moreover, there is no law in Dubai which governs the early termination of rental contracts. So, to be on the safe side, you can add the early termination clause in the rental agreement outlining the notice period and penalty amount in case of early termination.
In Dubai, tenants have the right to renew their contracts if they want after informing the landlord 90 days before the contract expiry date. If a landlord does not have any valid reason for eviction, the tenant has the right to stay in the property.
To understand the tenant rights even further, let's answer the most asked questions when renting a property.
In Dubai, rent is usually paid in the form of cheques. The number of cheques will be agreed upon between you and the landlord when negotiating the rental. The total rent is then divided by the number of cheques and paid at intervals throughout the rental.
The number of cheques typically varies between one and six payments. Landlords typically prefer a lower number of cheques, but your real estate agent will be able to help you negotiate this based upon your circumstances. If paying by one cheque, the total rent will be paid via one payment at the start of the rental. If you were to pay by four cheques, you would give the landlord four different cheques. One for the first day of the tenancy, and three post-dated cheques at 3-month intervals during the tenancy.
The Dubai Land Department recently announced plans for tenants to be able to pay via online banking rather than cheques in future, which would move Dubai more in line with many developed economies around the globe.
In general, paying via one cheque (a one-off payment for the full amount) will get you the best rental rate. Landlords will often charge a higher rent to tenants wishing to pay with more cheques, so paying with fewer cheques or making a larger initial payment should get you a better deal.
In Dubai, landlords can require tenants to pay a security deposit at the beginning of a tenancy agreement. This is almost always the case, so you should expect this whenever searching for a rental property. The security deposit is typically 5% of the annual rent for an unfurnished property, or 10% of the annual rent for a furnished property.
As long as the property is returned to the landlord in good condition at the end of the tenancy, the security deposit should be returned partially or in full to the tenant upon vacating the premises.
When renting a property, the chances are you'll experience something breaking or requiring maintenance during your tenancy. In general, maintenance and repairs are the responsibility of the property owner. However, it is very common for tenancy contracts to state that the landlord will only cover major repairs that cost more than a certain amount. For example, the landlord may only cover the cost of repairs if they exceed AED 1,000, with any less expensive repairs being paid for by the tenant. You should therefore be careful to check this in your tenancy contract prior to signing for a rental property.
Whether there are any clauses you can use to break your contract early will depend on the specific terms and conditions of your tenancy contract. You should therefore check if your contract includes an exit or early termination clause. Without this, your landlord might ask for compensation. Some contracts include break clauses where you pay your landlord a certain amount as a penalty for terminating early. If the option to end the contract early is important to you, then you should discuss this with your agent prior to agreeing to a tenancy, to ensure it is negotiated and included in the tenancy agreement.
In Dubai, sub-leasing is covered under Article 24 of Law No.26 of 2007. It states that unless otherwise specified in the tenancy agreement, the tenant must gain written permission from the landlord before sub-leasing the property.
Further, Article 25 states that failing to obtain written permission from a landlord before sub-leasing a property is a ground for eviction.
To sum it up, tenants are not permitted to sub-let a property without the landlord’s consent unless it is specifically provided for in the tenancy agreement.
No, your landlord cannot evict you prior to your tenancy agreement being completed. Your landlord can only ask you to vacate through a 12-month written notice via registered mail or notary public.
For a comprehensive overview, check out our post:
Can my landlord increase my rent in Dubai in 2023?
But in short, yes the landlord can increase your rent. But, this can only happen when your tenancy renews (not at any time during the tenancy) and the landlord must give you 90 days' written notice prior to the renewal date. The landlord can also only increase the rent by a certain amount, which is dictated by the DLD's Rental Index.
If your landlord has failed to pay the service charges, then the first step is to contact them to discuss the problem. In the event that they fail to make the payment, you may be able to seek legal recourse. The Dubai Rental Disputes Settlement Centre can be contacted at 600 555 556.
The Dubai real estate market moves very quickly, so it's very normal to enquire about properties only to find that they have already been rented out. Once you find a property that you wish to rent and have negotiated the tenancy, the agent will collect a deposit from you. As soon as your deposit has been received, the property should be reserved for you and removed from the market. However, to be absolutely certain that the rental does not fall through, you should sign a tenancy contract as soon as possible with the landlord to finalise the arrangement.
When tenants choose to renew their tenancy, RERA rules restrict how much landlords can increase the rent. This means that even when average market rents are rising quickly, landlords are restricted to only increasing the rent by a certain %.
In 2023, many landlords know that they could charge a higher rent if they could evict their existing tenants and find new ones. This means there is a chance your landlord will try to evict you from the property. But what are your rights if this happens?
Article 25 of Law No. (26) of 2007 states that there are only a few very specific reasons why a landlord can evict a tenant prior to the end of a tenancy agreement. These include:
Unless one of the above conditions is met, you cannot be evicted during the tenancy.
The landlord can seek to evict the tenant for one of the following reasons:
But, in all of the above examples, 12 months written notice must be provided.
If you feel that your landlord is attempting to evict you illegally, and all attempts to communicate with them have failed, you can file a RERA complaint at the Dubai Land Department’s Rent Disputes Settlement Centre.
Moving out of your home for rent? Keep these tips in mind to avoid last-minute hiccups.
1. Settle outstanding bills. Are there any remaining bills you need to pay? If you are moving out, you may owe a number of outstanding payments, including cleaning costs, DEWA bills, cooling charges, internet fees, and repair fees.
2. Do a thorough inspection. To get your security deposit back, make sure the property is in good shape and that you’re not liable for any repairs. In case you have been living in a fully or partially furnished property, check everything for any damage and have it fixed if required.
3. Tidy up before leaving. Before you leave, make sure the property is neat and tidy to avoid extra cleaning charges. You can often have your removal company arrange for the cleaning and garden tidying for you.
4. Disconnect all utilities. Give local service providers of phone, internet, or TV connections sufficient notice of your move out so that they can arrange your final bill. Ensure that you notify DEWA and get back your utility deposits too.
5. Take all your belongings. On move-out day, make sure you take all your belongings with you. Be sure to double-check as landlords are not obligated to store your things once you leave.
If someone wants to rent a property in Dubai, they should acknowledge the rights of landlords as well. Both parties must sign a rental contract with Ejari to make sure that the rights of landlords in Dubai are not violated. So, below are the rights of landlords that every tenant must understand before moving into the rental property.
Landlords have the right to demand the property rent on the agreed date of every month as per the terms and conditions outlined in the contract. It is the tenant’s responsibility to pay utility bills such as water, electricity, and gas. According to the RERA rules, if the existing rent of the property is 11% to 20% less than the average rent in Dubai, the landlord has a right to increase the property rent by 5%, but it should be determined by the RERA rent calculator. The landlord can also increase the property rent on contract renewal but must notify the tenant three months in advance.
Whilst it doesn't happen too often, some landlords experience issues where their tenants don't pay, sublet or abscond.
The most important piece of advice we give? Before signing a lease, take the time to vet the tenant. Ensure that you, or a trusted real estate agent has taken the time to meet the tenant and vet them fully. Get all identification and affordability documentation. Ensure that there is a comprehensive tenancy contract in place, outlining all agreed terms, including a ‘no subletting’ clause. and make sure it is registered with Ejari.
It is one of the most important rights of the landlord to keep a check on the property with property inspection. It is a very common practice in Dubai and other cities. For that purpose, the landlord has to give 24-hour written notice to the tenant before conducting the property inspection according to the rental agreement.
Regarding cheques, if the contract is in the name of the tenant, then the cheques have to be issued by the tenant. If this is not the case, the landlord should have the details of the third party providing the rent cheques to the renter on file, along with a letter confirming the cheques were handed to the tenant. As soon as the tenant occupies the property, the landlord should inspect it to ensure that it hasn’t been sublet.
The landlord has the right to vacate the property if the terms and conditions of the contract are violated. According to articles 25 and 26, the landlord can issue an eviction notice to the tenants if they fail to pay the rent. There are several other reasons which give the right to the landlord to issue an eviction notice to the tenant, such as damaging the property, making changes without the landlord’s approval, property being used other than its agreed purpose, or immoral or illegal activities by tenants. The landlord can also serve an eviction notice if the property is being razed or renovated.
Check out the ‘What to do if your landlord wants you out’ section to understand exactly what conditions need to be met to evict a tenant, and how much notice is required.
1. Hire a property manager. Even experienced landlords believe that hiring a competent a property manager is essential to maximize the value of their rental properties. Not only that, you get to avoid all the headaches - including vetting tenants, collecting rent, handling complaints and maintenance and repair requests.
2. Treat tenants with respect. If you decide to lease your property without a property manager, try to maintain a good relationship with your tenant. If there is mutual respect, your tenant is more likely to take better care of your property, which is good for your investment in the long-term.
3. Know the law. Thinking of raising the rent or want to evict a problematic tenant? Not so fast. Landlords have rights as well as responsibilities to fulfill under the Dubai law. As a landlord, understanding your obligations will help you protect yourself and your rental property.
4. Understand the contract. Make sure the tenancy contract is clear. For example, it should specify which maintenance and repair requests you are responsible for. If you feel the tenant is asking you to carry out maintenance that is outside your requirement, refer them back to the contract.
5. File a rental dispute case. If you have exhausted all possible options including speaking with your tenant to work out an arrangement for any issues that arise, consider opening a case. The Rental Dispute Centre caters to both landlords and tenants to ultimately find a resolution for both parties.
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