It is not common for tenants in Dubai to sublet a rented property; however, many tenants sublease properties in Dubai. This can happen for several reasons, but usually it is because the tenant’s circumstances have changed.
For example, a tenant might want to sublease a room if they are not able to afford the rent, to divide the cost. Another reason for sub-leasing can be when a tenant enters into a 12-month contract but isn’t able to stay for the entire duration and isn’t willing to pay the penalty. Let’s go through the details on subletting in Dubai.
What Is Sub-Leasing?
It is important to understand first what sub-leasing is for more context. A sublease is a property lease by a tenant to a subtenant. Put it simply, it is when the tenant gives the property on rent to a third party. This happens typically in the following situations:
- First, when any agency obtains the master lease for the entire building and sub-leases apartments to tenants. Consequently, each tenant in the building owns a sublease contract with the agency.
- The second situation is when an existing tenant goes for sub-leasing in Dubai or rents the entire or part of a rental property to a third party at any point during the term of the contract.
Is Subletting Legal in Dubai?
In Dubai, Subleasing is covered under Article 24 of Law No. 26 of 2007. The law specifies that the tenant must obtain the landlord’s consent in written form before subleasing the property unless otherwise mentioned in the tenancy agreement.
Furthermore, according to Article 25, sub-leasing a property in Dubai without the landlord’s written permission is a reason for eviction. Simply put, unless specifically stated in the tenancy agreement, tenants are not allowed to sublet a property in Dubai without the landlord’s consent. Here are the laws for sharing rental accommodations in Dubai.
Asking the Landlord for Permission
If not specified in the contract, tenants need to obtain a NOC from their landlord. That said, not many landlords are keen to consider this option. There are many reasons a landlord doesn’t allow tenants to sublease in Dubai. These include being worried that there may be some issues with the subtenant or because the landlord doesn’t think the subtenant is as reliable as their tenant.
Please note in case the landlord approves subletting of the property, the tenant is responsible for any damages done to the property by sub-tenants.
What Happens If Tenants Sublease with The Landlord’s Permission?
If a tenant sublets in Dubai without the landlord’s consent is a breach of contract and illegal. In such a scenario, regardless of the contract’s expiry, the landlord can legally end the tenancy lease agreement early and evict the tenant, along with sub-tenants from their property.
Furthermore, the tenant might also pursue a lawsuit in the form of a compensation claim against a tenant who sublets property in Dubai without the landlord’s permission.
What are The Rights to Sub-lease From Another Tenant?
In case of a legally binding sublease, the sub-tenant is entitled to the same tenancy rights as the original tenant. For instance, to raise rent, a landlord must give 90 days’ notice to the subtenants and this increase must be according to the rental index calculator.
Moreover, the eviction regulations and laws that apply to the tenants also apply to the sub-tenants. However, this will only happen if there is a legally binding sub-lease with an approval-to-sublet clause and written approval in place. If there is no formal sublease agreement, the rights of subtenants are limited and the landlord can evict them at anytime.
What Options do Tenants Have to Sublease in Dubai
Many landlords can be understanding. That is why the possibility of having a conversation with the landlord to see if something can work shouldn’t be ruled out. For example, if there is a problem with a subtenant, the original tenant can transfer the lease to another tenant.
On the other hand, if the option of transferring the lease to another renter isn’t working out it may be better for the original tenant to break the lease, considering they can afford the penalties outlined in the contract.
If you don’t need to rent the property for an entire year, the original tenant can ask the landlord for a contract that allows them to sub-lease before signing the contract. Here are some useful tips on renting with roommates in Dubai.
Other options include looking for a short-term rental. If you are sure you want a unit for rent for a few months or a year, going for short-term rentals in Dubai is more flexible than getting into a long-term lease. For more details, go through the differences between short-term vs long-term rentals in the UAE.
If you are looking for short-term rental units in Dubai, here is a list of the popular monthly and daily short-term rentals in Dubai.
FAQs
What are the main reasons landlords refuse to allow subleasing?
In Dubai, landlords often refuse subleasing to maintain control over who occupies the property, avoid potential legal liabilities and ensure compliance with tenancy regulations set by the DLD.
What legal consequences can a tenant face for subleasing without permission?
A tenant who subleases a property without the landlord’s written consent can face eviction and legal action, as it violates the tenancy contract and Dubai Tenancy Law under the Real Estate Regulatory Agency (RERA).
Are there any specific clauses in tenancy agreements that allow for subleasing?
Yes, some tenancy agreements may include specific clauses that permit subleasing, but only with the landlord’s prior written approval.
That is all about sub-leasing in Dubai. Tenants can only sublet properties in the Emirate with the landlord’s permission. Sub-leasing properties without the landlord’s consent can result in legal consequences and eviction. Also, learn about these subletting disputes in Dubai to steer clear of any unfortunate events.
If you’re planning to move to the megacity, check out these rental properties in Dubai that offer a myriad of options under different budgets.
Stay tuned to dubizzle’s top property blog for more rules and regulations pertaining to buying and renting properties.
