Tenants rights in Dubai safeguard tenants’ interests and ensure they are treated fairly. Understanding these rights can prevent disputes between landlords and tenants.
Dubai has a high demand for rental properties, which has made rental disputes increasingly common. The most common issues between landlords and tenants are unpaid rent, property damage, eviction, security deposit, access to premises, and a rent increase.
In this article, we’ll discuss Dubai tenancy law and its significance in regulating tenancy relationships.
Law No. 26 of 2007, as amended by Law No. 33 of 2008 (“Dubai Tenancy Law”), regulates the relationship between landlords and tenants in Dubai.
Dubai tenancy law applies to leased properties in Dubai. It is not applicable to hotel establishments and property provided by natural or legal persons as an accommodation to their employees free of charge.
The law requires tenants and landlords to enter into a written tenancy contract, which should be registered with the Real Estate Regulatory Agency (“RERA”) through Ejari. The RERA Dubai Tenancy Law further lays down the rights and obligations of both landlords and tenants (as explained below).
Role of the Real Estate Regulatory Agency (RERA)
RERA is the regulatory body of the Dubai Land Department. It was established in 2007 with the primary objective of regulating and supervising the real estate sector.
RERA plays a crucial role in regulating tenancy contracts and resolving rental disputes between landlords and tenants through the Dubai Tenancy Law. RERA has the authority to establish criteria relating to percentages of rent increase in Dubai that align with the requirements of the prevailing economic situation.
Tenancy Contracts
Ejari is an online registration system in Dubai introduced by the Real Estate Regulatory Authority (RERA) to regulate tenancy contracts. Registering for a tenancy contract through the Ejari system is mandatory.
EJARI is the first step in regulating the process of real estate lease and management. It helps upgrade this important sector and provides distinctive real estate services regarding registration and regulation. However, it is not the case that complaints related to non-registered tenancy contracts are not admitted by the Rental Dispute Settlement Centre in Dubai.
In this respect, it is important to note that the Dubai Tenancy Law initially prohibited Judicial Authorities from considering any disputes arising from tenancy contracts that were not registered with RERA (i.e., Ejari).
However, this law was later amended, and, notably, the prohibition mentioned above on the Judicial Authorities was removed. Therefore, Dubai’s Rental Dispute Settlement Centre does not bar complaints if the tenancy contract is not registered in the Ejari system.
Standard Terms and Conditions in Tenancy Contracts
A tenancy contract should clearly address the following key aspects:
1- Description of the leased property
2- Purpose of the tenancy
3- Name of the owner of the leased property (if the landlord is not the owner)
4- The term of the tenancy contract
5- Rental amount, as well as frequency and mode of payment
6- Security amount and conditions of return
7- Repairs and maintenance responsibility
8- Landlord’s entry to leased premises
9- Payment of utility charges
10- Policy regarding alterations/modifications to the leased property
The landlord will be responsible for any defect, damage, deficiency, and wear and tear occurring to the leased property for reasons not attributable to the Tenant.
Sameer A. Khan
Founder & Managing Partner SK Legal
Tenants Rights in Dubai During the Tenancy
Right to Peaceful Enjoyment
The Dubai Tenancy Law recognises the tenant’s right to peaceful enjoyment of leased property. The Dubai Tenancy Law states that the landlord is bound to hand over the leased property in good condition, which enables the tenant to use it for the purpose stated in the tenancy contract.
Right to Maintenance and Repairs
The Dubai Tenancy Law provides that the landlord is responsible for maintaining the leased property and repairing any defect or damage that may affect the tenant’s intended use of the property (unless otherwise stated in the tenancy contract).
The Law further states that the landlord will be responsible for any defect, damage, deficiency, and wear and tear occurring to the leased property for reasons not attributable to the Tenant.
Right to Essential Services
A landlord is prohibited from disconnecting utility services ((water, electricity, etc.) to the leased property. If this happens, the tenant may approach the police station, which has jurisdiction over the area where the leased property is situated, and seek a remedy or file a police report regarding the violation. The tenant may also file a claim with the Rental Dispute Settlement Centre for any loss the tenant may have suffered.
Tenants Rights in Dubai Regarding Rent and Fees
Regulations on Rent Increases under RERA Guidelines
In Dubai, rent can be increased at the time of renewing a tenancy contract. Decree No. 43 of 2013 on the Determination of the Increase in the Real Estate in the Emirate of Dubai lays down the maximum rent increase percentage for properties in Dubai depending on the average market rental rate.
Notice Period and Procedures for Rent Adjustments
A landlord is required to give the tenant 90 days’ prior notice if they intend to increase the rent. In a dispute over a rent increase, either party can refer the matter to the Rental Dispute Settlement Centre.
Tenants Rights in Dubai in Case of Disputes
Role of the Rental Dispute Settlement Centre (RDSC)
The Rental Dispute Settlement Centre (“RDC”) was established under Decree No. 26 of 2013. RDC deals with rental disputes between landlords and tenants over real estate located in Dubai, including the free zones.
However, there are some exceptions which don’t come under the purview of RDC, as listed below:
1- Rental disputes arising inside the free zones that have special judicial committees or courts competent to settle rental disputes.
2- Rental disputes arising from finance lease contracts.
3- Disputes arising from long-term lease contracts.
Steps to File a Complaint and Dispute Resolution Process
RDC consists of two sectors: a Judicial sector and an Administrative sector (which provides technical and administrative support for the judicial sector). The Judicial sector consists of the following departments:
1- Reconciliation department
2- First Instance department
3- Appeal department
The Reconciliation department helps the parties explore settlement possibilities. If the dispute is settled, the parties sign a reconciliation agreement, which has the power of an executive instrument. If a settlement is not reached, the case is moved to the First Instance department.
Legal Remedies and Protections Against Non-Compliant Landlords
If the tenant believes that his legal rights have been violated, he may file a complaint with RDC to take appropriate action against the landlord.
Tenants Rights in Dubai When Vacating the Property
Standard Notice Period for Termination of the Tenancy
Under Dubai Tenancy Law, a landlord is entitled to demand eviction upon expiry of the tenancy period only on limited grounds, such as:
– If the property needs extensive repair and renovation works which can’t be executed while the tenant is occupying the property,
– If the owner wants to sell the property, demolish it, add new buildings, or
– If the owner requires the property for personal use or first-degree relatives.
In other words, the tenant has a right to automatically renew its lease unless the landlord objects to the renewal on any of the grounds mentioned above.
If the landlord intends to evict the tenant on any of the above grounds, the landlord will still need to provide the tenant with a notice of eviction through Notary Public at least twelve months before the scheduled eviction date. The notice should clearly mention the ground on which the landlord relies for the tenant’s eviction.
Conditions for the Return of Security Deposit
It is common for landlords to demand a security deposit at the start of the lease. Upon the expiry of the tenancy contract, landlords must refund the total amount of the security deposit to the tenant (minus any deductions for damages).
Practical Tips for Tenants in Dubai
1. Effective Communication with Landlords
Maintaining a good tenant-landlord relationship is essential as it helps prevent disputes from escalating. Below are some valuable tips for maintaining a good tenant-landlord relationship:
– Timely payment of rent
– Keeping the leased property in good condition
– Open and timely communication
– Respecting tenant’s privacy
– Reporting damages immediately
2. Address Common Issues Amicably
A quick and efficient way to resolve a rental dispute issue is for both parties to reach a settlement amicably. Landlords and tenants should actively engage in discussions and address any complaints/issues immediately.
3. Documenting and Keeping Records
Effective document management can help prevent disputes. If disputes are inevitable, documentation can serve as evidence in legal proceedings.
Conclusion
As a tenant in Dubai, you have essential rights. This includes a clear tenancy contract, peaceful enjoyment, proper maintenance, transparent rent dealings, and efficient dispute resolution.
Stay informed about your rights and tenancy laws. Review your contract regularly, communicate clearly with your landlord, and keep detailed records. Be proactive and knowledgeable for a smooth and positive rental experience in Dubai.
Resolve Tenancy Disputes with SK Legal in the UAE
Handling tenancy disputes requires more than just awareness. It demands expertise and a deep understanding of local rental laws. SK Legal represents both landlords and tenants in various tenancy issues. We offer the following services:
- Comprehensive Legal Representation: We handle all aspects of tenancy disputes, ensuring your rights are protected throughout the process.
- Expert Dispute Resolution: Our team collaborates with licensed local law firms to manage disputes before the Dubai Rental Disputes Centre, providing you with seamless and effective legal support.
- Negotiation Support: We assist clients during crucial negotiations with landlords or tenants, ensuring fair and favourable outcomes.
For personalised assistance and advice, contact us at info@sklegalfirm.com. Let SK Legal help you resolve your tenancy issues with confidence and expertise.
Frequently Asked Questions (FAQs) About Tenent's Rights in Dubai
A tenant has several rights under the Dubai Tenancy Law, such as the right to fair rent, right to access utility services, right to demand maintenance and repairs, right to peaceful enjoyment of leased premises, and right to receive a refund of security deposit.
Article 7 of the Dubai Tenancy Law provides that a tenancy contract can not be unilaterally terminated during its term by the landlord or the tenant. It can only be terminated by mutual consent or in accordance with the provisions of the Dubai Tenancy Law.
In Dubai, a landlord cannot enter a rental property without providing notice to the tenant. According to Dubai’s tenancy laws, landlords must give tenants reasonable notice before entering the property, typically for maintenance or inspection purposes. This notice period is generally agreed upon in the tenancy contract.
Entering the property without notice and without the tenant’s consent is considered a violation of the tenant’s right to privacy and could lead to legal disputes. Tenants have the right to peaceful enjoyment of their rented property, and landlords must respect this right by following the proper procedures for entry.
Under Dubai Tenancy Law, a tenant has a right to automatically renew its lease unless the landlord objects to the renewal on limited grounds, such as if the property needs extensive repair and renovation works that cannot be executed while the tenant is occupying it, if the owner wants to sell the property or demolish it or add new buildings, or if the owner requires the property for personal use or first-degree relatives.
If the tenant believes that its legal rights have been violated, it may file a complaint with the Rental Dispute Settlement Centre to take appropriate action against the landlord.
In Dubai, the responsibility for AC cleaning typically depends on the terms of the tenancy agreement. Generally, routine maintenance and minor repairs, such as AC cleaning, are considered the tenant’s responsibility. However, major repairs or replacements due to normal wear and tear are usually the landlord’s responsibility.
Article 14 states that if either party to the tenancy contract wishes to amend any of its terms or review the rent, that party must notify the other party at least ninety (90) days before the date on which the tenancy contract expires.
In Dubai, whether tenants must repaint walls before vacating depends on the tenancy agreement. Generally, standard wear and tear are the landlord’s responsibility, but tenants may need to repaint if specified in the contract or if there is excessive damage. Always check your tenancy agreement and discuss with your landlord to avoid disputes.
In Dubai, landlords can only force tenants to leave under specific conditions outlined in Law No. 26 of 2007 and Law No. 33 of 2008. These conditions include:
- Non-Payment of Rent: If the tenant fails to pay rent within 30 days of receiving a written notice from the landlord.
- Breach of Contract: If the tenant violates the terms of the tenancy agreement.
- Property Sale: If the landlord wishes to sell the property, provided they give 12 months’ written notice.
- Personal Use: If the landlord or their immediate family needs the property for personal use, with 12 months’ notice.
- Demolition or Major Renovation: If the property requires major renovation or is to be demolished, with appropriate notice.
Landlords must follow legal procedures and provide the required notice period. Disputes can be resolved through the Rental Dispute Settlement Centre (RDSC).
Article 25 of the Dubai Tenancy Law lays down the grounds on which a landlord may seek eviction of the tenant before the expiry of the term of the tenancy contract, such as when the tenant fails to pay the rent (or any part thereof) within thirty (30) days from the date of payment notice, if the tenant sublets the leased property without the landlord’s approval or uses the property for illegal purposes, etc.
Article 28 of the Dubai Tenancy Law states that transferring the ownership of the leased property to a new owner does not affect the tenant’s right to continue to occupy the leased property as per the tenancy contract signed with the previous owner.
Article 7 of the Dubai Tenancy Law provides that a Tenancy contract can not be unilaterally terminated during its term by the landlord or the tenant. It can only be terminated by mutual consent or in accordance with the provisions of the Dubai Tenancy Law.
In Dubai, rent can be increased at the time of renewal of the tenancy contract. Decree No. 43 of 2013 on the Determination of the Increase in the Real Estate in the Emirate of Dubai lays down the maximum rent increase percentage of properties in Dubai depending on the average market rental rate.
Disclaimer
This publication does not provide any legal advice and it is for information purposes only. You should not rely upon the material or information in this publication as a basis for making any business, legal or other decisions. Therefore, any reliance on such material is strictly at your own risk.
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