A vast majority of people in the UAE choose to live in a rental home. Both tenants and landlords need to understand tenancy regulations to prevent disputes and ensure compliance with the law.
Ejari, an initiative by the Real Estate Regulatory Agency (RERA), is responsible for registering tenancy contracts in Dubai. All rental agreements must be registered through Ejari to be legally recognised in the emirate.
When entering into a tenancy agreement, both parties must be fully aware of their rights and obligations. Understanding your rights and obligations under RERA laws helps avoid conflicts and ensures a smooth rental experience.
RERA DUBAI LAWS FOR RENTAL CONTRACT
Law No. 26 of 2007, along with its amendment Law No. 33 of 2008, governs the relationship between landlords and tenants in Dubai.
These laws apply to all leased properties within the emirate, excluding:
- Hotel apartments and short-term accommodations
- Properties provided by employers without charge
The legislation establishes a structured framework for tenancy agreements, rent regulation and dispute resolution.
Lease Contract and Ejari Registration
As per Article 4 of the tenancy law, all lease agreements for renting a property in Dubai have to be documented and registered through Ejari. The contract must include:
- Property details
- Names of landlord and tenant
- Lease duration
- Agreed rent
- Payment terms
Ejari registration is mandatory for legal recognition of rental agreements. Without it, contracts are not accepted by the relevant authorities.
RENTAL TERM
The lease term must be clearly defined within the contract. In the absence of a specified duration, the agreement may still be considered valid based on the agreed rental terms.
Tenancy contracts are generally renewed automatically under the same terms unless either party provides prior notice of amendments or termination.
A 90-day written notice is required before the lease expiry for any changes to the terms or for non-renewal, unless otherwise specified in the agreement.
Subleasing the property is not permitted without the landlord’s approval. Any sublease arrangement ends automatically upon lease expiry, unless agreed otherwise.
RENT OF THE PROPERTY
Articles 9 to 14 of the tenancy law govern rent regulations in Dubai. The rent amount must be clearly stated in the contract and agreed upon by both parties.
Rent increases are governed by the RERA Rental Index, which determines permissible adjustments based on the difference between the current rent and the prevailing market rate.
Landlords may revise the rent only at the time of lease renewal, and must provide a 90-day prior notice. The percentage of increase is subject to the thresholds defined by the rental index.
Tenants are required to pay rent in accordance with the agreed terms outlined in the contract. The number and structure of payments are mutually agreed upon and are not fixed by law.
RERA TENANCY LAWS FOR LANDLORD AND TENANTS OBLIGATIONS
RERA regulations clearly define the responsibilities of both landlords and tenants to ensure a balanced and transparent rental relationship.
LANDLORD RESPONSIBILITIES
The property regulations authority directs the landlords to perform due diligence and observe the rules from Articles 15 to 18 of Law No. (26) of 2007 for better tenant and landlord relationships.
- Landlords must provide a property in a good condition.
- The owner will be responsible for any repairs and maintenance work disturbing the tenant’s use of the property.
- The law binds the landlord to not make any such changes restricting the tenant’s full use of the property.
- If any damage occurs to the property while making such changes, the landlord will be fully responsible for it.
- The landlord needs to provide approval for such changes that require permission from authorities.
TENANTS RESPONSIBILITIES
RERA rules for tenants and landlords state the following responsibilities of the renters in its Article No. 19 to 24 of Law No. (26) of 2007:
- Tenants’ duty is to take care of the property as their own and not make changes that aren’t permitted by the landlord and authorities in the Emirate.
- The law permits the landlord to refund the security deposit taken up front at the time of signing the contract, which is only possible if the property is in the same condition as provided.
- Tenants are also directed to pay all the dues (electricity, gas, telephone or water) on time.
- Tenants cannot sub-lease the rented property without approval.
Both parties must comply with the laws. If any dispute arises, the case must be brought to RERA, which will decide and issue a judgment.
RERA RULES FOR EVICTION
Articles 25 and 26 of Law No. (26) of 2007 outlines the conditions under which eviction may take place.
A landlord may initiate eviction if the tenant:
- Fails to pay rent within 30 days of receiving notice
- Uses the property for purposes other than those agreed upon
- Causes substantial damage to the property
- Engages in illegal activities
Additionally, eviction may be carried out with a 12-month notarised notice if:
- The property is to be sold
- The landlord or first-degree relatives intend to occupy the property
- The property requires demolition or major renovation
In cases where eviction is sought for personal use or sale, the landlord is restricted from re-letting the property for a minimum period of two years for residential properties.
FAQs
Who is responsible for maintenance in Dubai rental properties?
Landlords are responsible for major structural repairs and maintenance, while tenants are responsible for minor upkeep and day-to-day property care, unless otherwise stated in the tenancy contract.
Can a tenant refuse a rent increase in Dubai?
Yes, a tenant can challenge a rent increase if it does not comply with the RERA Rental Index. Disputes can be escalated to the Rental Dispute Settlement Centre (RDSC) for review.
Can a tenant break a lease early in Dubai?
A tenant can only break a lease early if the contract allows it or if both parties agree. Otherwise, early termination may involve penalties as outlined in the tenancy agreement.
What is the standard tenancy contract duration in Dubai?
The standard tenancy contract in Dubai is one year. However, shorter or longer durations can be agreed upon mutually between the tenant and landlord.
This concludes the overview of RERA rules for tenants and landlords in Dubai. Compliance with these regulations ensures legal protection for both parties and contributes to a stable rental environment when renting an apartment in Dubai.
Abiding by laws can not only save you from any charge but builds a healthy tenant-landlord relationship. You can file a complaint to RERA in case of any dispute on the RVS complaint portal and let the special Tribunal settle your problems.
To know more details on real estate authorities and laws in the UAE, stay connected to dubizzle’s property blog.
