Learning about Dubai rental laws is essential for tenants or owners renting a property in Dubai. Property owners should primarily know about the Real Estate Regulatory Agency (RERA) regulations that establish tenants’ and land landlords’ obligations and rights. For better clarity and comprehension of any particular matter or interpretation of the rules, involving a professional is highly recommended.
Table of Contents
Major Standards under RERA concerning Dubai Rental Law
Major RERA regulations set for rent laws in Dubai are as follows;
- Law No. (26), 2007: It determines the equations between tenants and their landlords in Dubai.
- Law No. (33), 2008: This was deployed to amend some parts of Law No. (26), 2007.
- Decree No. (43), 2013:This Law was introduced to cover rent increase-related aspects.
- Decree No. (26), 2013: It was used to launch Rent Disputes Settlement Centre to address multiple rental disputes in Dubai.
Essential Standards under RERA Dubai Rental Law
No matter how big or what type of rented property in Dubai, the Tenant and their Landlord must abide by the RERA guidelines. In this context, Law (33) of 2008 Article 4 provides clear guidelines. Both parties must register the tenancy contract with RERA using the Ejari system as a primary requirement. This is done to prevent a property from being leased twice simultaneously.
Listed below are some aspects you must be aware of:
- Extended stay; as per Law (26) of 2007 Article 6, if the Tenant lives in the property even after the tenancy contract expiry and the Landlord does not object, this will lead to an extension of tenancy automatically for one (1) year or the same period.
- While the Dubai rental laws allow a landlord to change the contract terms, informing the Tenant 90 days before the prevalent contract ends is also necessary. So, if the Landlord wants to raise the rental amount or extend the contract tenure, the other party must be informed within the mentioned timeframe.
- Terminating Tenancy Contract– For many reasons, a tenant or Landlord may want to put an end to the Dubai tenancy contract prematurely. While possible, both parties must abide by specific norms of the rental laws in Dubai. The exit clause is mentioned in the RERA tenancy Law Article 7. As per the Law, a valid rental agreement cannot be terminated unilaterally by one of the parties. Both parties must agree on the subject.
- Tenancy Expiry– In some cases, the Landlord may pass away before the expiry of a tenancy contract. Article 27 of RERA states that the tenancy agreement will not become invalid in such cases. The heirs of the Landlord become owners of the rented property. They will then have to take a call on either extending or terminating the contract. If they choose to end the contract, giving the Tenant a notice within 30 days will be necessary.
- Early Tenancy Termination– You may want to terminate a running tenancy contract before its expiry. There is no pre-set RERA norm on this issue. You should check the early termination clause in the agreement, which should be independent of tenant rights in Dubai. If the Landlord did not put any such clause in the agreement, they have the right to ask for compensation for early termination of the contract.
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What is EJARI?
EJARI (Electronic Jirah Automated Recording and Issuing) is an online program developed by the Real Estate Regulatory Agency for recording tenancy contracts for all types of property in the Emirate of Dubai, pursuant to Law No. 26 of 2007, as amended by Law No. 33 of 2008. EJARI is the first step to regulating the real estate lease and management process. It helps upgrade this vital sector and provides distinctive real estate services in terms of registration and regulation. The program aims to preserve rights, regulate relations between parties to property lease and management, and provide an encouraging and safe environment for those wishing to engage in this field, including investors or beneficiary tenants.
Rental Rate Hike-related Guide
RERA Law (26) of 2007 Article 9 states that landlords and tenants must agree on the rental amount increase. Both parties must adhere to the timeline for proposing a hike and accepting or refusing the new rate. For any disputes, parties can contact the Rental Dispute Settlement Centre (RDC) and file a rental dispute while adhering to the rent laws in Dubai. Law (26) of 2007 Article 10 makes the RERA the sole authority to determine the rent increase percentage. Landlords and tenants can, therefore, refer to the Dubai Land Department (DLD) official website and use its rental calculator.
Obligations Under Tenant Rights Dubai
Before zeroing in on a rented setup in Dubai, you must know your legal obligations as a tenant. For this, go through specific RERA tenancy contract rules.
- Article 19: The Tenant must pay the rent on the due date. They cannot make changes to that property or remodel it without obtaining approval from the Landlord. Failing to pay rent on time gives your Landlord the right to take steps to evict the Tenant before contract termination.
- Article 21: When the lease agreement ends, as a tenant, ensure the property is being surrendered to the Landlord in the identical condition, barring signs of regular wear and tear.
- Article 22: The Tenant must pay necessary taxes and fees to specific government departments unless they and the Landlord have a different agreement.
- Article 20: As a tenant, you should pay a security deposit when you agree to the rental terms. This is refundable, and you are given it back when you leave the property at the end of the contract.
- Article 24: The tenants in Dubai cannot rent the property, even partly, to another party without getting written consent from the Landlord.
Laws regulating the relationship between the Landlord and the Tenant
In Dubai, the relationship between landlords and tenants is regulated by the Real Estate Regulatory Agency (RERA). RERA is responsible for managing disputes between landlords and tenants. The Landlord and Tenant Law (No. 26 of 2007) sets out the rights and obligations of both landlords and tenants in Dubai. The Tenant and Landlord can file a dispute for various matters, such as rent increase beyond the rent cap, violation of the rights as a tenant, non-renewal of the tenancy contract, situations property for reasons not attributable, the Tenant continues to occupy the property beyond notice period or without renewal of the tenancy contract.
Under the Law, landlords have the right to evict a tenant if they fail to pay rent or damage the property. Tenants have the right to live in the property without interference from the Landlord. If there is a problem with the property, tenants can contact RERA to file a complaint.
Leasing a Property in the UAE
The lease contract is one of the most important aspects of leasing a property. This document outlines the terms and conditions of the lease and annual rent. The Tenancy contract, commonly referred to as the EJARI, must be signed by both the Tenant and the Landlord. The contract should include the length of the lease, the monthly rent amount, and any other pertinent information.
The Landlord is responsible for maintaining the property and ensuring it is up to code. The Landlord is responsible for ensuring that the property is up to standards; however, it is very common that the leased unit is under a property management company that takes care of all maintenance-related matters. They may also collect rent from the Tenant and handle any rental disputes.
Leasing a property in the UAE is governed by specific rules and regulations. Leased properties are linked with UAE Government Authorities. The rental index monitors the annual rent, and the rental price is determined accordingly.
A lease is a contract between a landlord and Tenant in which the Landlord agrees to let the Tenant use their property for the rent period, typically in exchange for rent. In Dubai and other emirates, leases are regulated by the municipality.
Some certain rights and obligations come with leasing a residential property in the UAE. As a tenant, you are responsible for paying the rent on time and taking good care of the property.
If there is a problem or dispute between the Landlord and Tenant, there are procedures to resolve it. The first step is to reach an agreement between the two parties. If that fails, the next step is to file a case with the rental dispute committee. This committee will hear both sides of the story and decide how to resolve the issue.
Terms of tenancy contract
A tenancy contract is a document that outlines the terms and conditions of a rental agreement between a landlord and Tenant. In Dubai, tenancy contracts are governed by the Dubai Rent Regulation Law No. 26 of 2007.
Under the Law, landlords are required to provide their tenants with a written contract that includes certain minimum information, such as the names of the Landlord and Tenant, the address of the rental property, the amount of rent, and the length of the tenancy. The contract must also set out any rules or conditions that apply to the tenancy, such as noise levels, smoking, or pets.
If there is a disagreement or dispute between the Landlord and Tenant, either party can submit a complaint to the Dubai Rental Dispute Settlement Centre. The Centre will then mediate between the parties in an attempt to settle. If no settlement can be reached, the case will be referred to the Dubai Courts for a final decision.
A tenancy contract is a document that sets out the terms and conditions of a rental agreement between a tenant and the Landlord. In Dubai, both parties must sign all tenancy contracts in writing. The contract must be in accordance with the Dubai Rental Law No. 26 of 2007.
The contract should include the following information:
- Names and contact details of the Landlord and Tenant;
- Address of the property;
- Start date and duration of the tenancy;
- Rent amount and frequency of payment;
- A description of any furniture or other items included in the rental;
- Terms and conditions of the tenancy, including details of any restrictions on the use of the property;
- Any rules and regulations governing the use of common areas in the building or complex;
- Landlord’s and Tenant’s rights and responsibilities under UAE law.
The contract can be for a fixed term or periodic, meaning it automatically renews each month. Either way, either party can give written notice to end the tenancy.
If there is a dispute between the Landlord and Tenant, either party can refer the matter to The Rental Dispute Settlement Centre.
Eviction of Tenant by Landlord in the UAE- Legal Provisions
The UAE legal system has legal provisions for the eviction of tenants by landlords on rightful matters.
A landlord may only evict a tenant if they have a valid reason, such as non-payment of rent or damaging the property. The Landlord must also give the Tenant written notice of their intention to evict and give them a reasonable amount of time to vacate the property. If the Tenant does not vacate the property within the specified period, the Landlord may take legal action to evict them.
The Law governs the relationship between landlords and tenants in the UAE, and both parties are required to uphold their contractual obligations. Tenants in the emirate are entitled to live in their rented property in peace and without fear of eviction as long as they adhere to their tenancy contract. Landlords who break the Law and attempt to evict their tenants without following proper procedure can be fined or imprisoned.
Tenant’s obligations
A tenant is an individual who signs a tenancy contract with a landlord, agreeing to pay rent for the use of the Landlord’s property. The Tenant must uphold their end of the bargain by paying rent on time, the Tenant to take care of the property, and vacating the property at the end of the contract unless otherwise agreed by the parties.
If a dispute between the Landlord and Tenant occurs, the Tenant must vacate the property unless otherwise agreed by the parties.
Rental Dispute resolutions
Rental disputes are unfortunately common in the UAE. If there is a problem with the property or the Landlord, the Tenant must first attempt to resolve the issue directly with them. If that does not work, the Tenant can file a complaint with their municipality or file a lawsuit in court.
Rent Dispute Settlements in Dubai
The Dubai Rent Committee is a special tribunal established to settle disputes between landlords and tenants in the Emirate of Dubai. The committee comprises a panel of three judges who are knowledgeable about the rental laws in Dubai, and they are tasked with hearing both sides of the dispute and ruling based on the evidence presented. In most cases, the Department’s committee will rule in favor of the Tenant, and they will order the Landlord to make repairs or provide compensation for any damages that have been caused.
Rental Dispute Settlement Committee Dubai
The Rental Dispute Settlement Committee in Dubai is a government entity that was established in 2007 to resolve disputes between landlords and tenants. The committee is composed of five members, all of whom are appointed by the Ruler of Dubai. The committee has the power to hear evidence and render decisions regarding rental disputes.
FAQs
How do I get a tenancy agreement in Dubai?
Tenancy agreements are registered with Dubai Land Department’s official website. Landlords and tenants can get a copy of the tenancy contract (Ejari) from the Dubai REST app. The following documents are required for the Ejari registration:
- Copy of Emirates ID
- Copy of the passports of the Landlord and Tenant (in some cases, required for all tenants/dependents)
- Copy of valid residence visa
- A cheque for the security deposit
- A cheque for the agency fee (where applicable)
- Original signed tenancy contract
- Copy of a valid power of attorney document (if the contract has been signed by a POA). Power of attorney documents must be renewed every year to remain valid.
- Copy of title deed of the rented property
- 9-digit DEWA Premises Number (or copies of recent DEWA bills/Green bill accepted)
- DEWA bill and previous Ejari for the renewing
- Trade license for the commercial properties
How do I register a tenancy agreement with RERA Dubai?
To register a tenancy agreement with RERA Dubai, you will need to submit the following documents:
- A completed registration form
- A copy of the tenancy agreement
- A copy of the passport or Emirates ID of the Tenant and Landlord
- A cheque for the registration fee
How much rent can be increased as per RERA?
RERA regulates how much a landlord can increase the rent of a property. According to RERA, the rent of a property can be increased by up to 10% in a year. This is to ensure that landlords do not take advantage of tenants and increase the rent excessively.
What is the difference between Ejari and the tenancy contract?
The main difference between Ejari and the tenancy contract is that Ejari is an online registration system that is required by the Dubai government, while the tenancy contract is a legally binding agreement between a tenant and a landlord.
Conclusion
The RERA guidelines are comprehensive and protect the rights of both the Tenant and the landlord. To avoid unpleasant surprises, ensure tenancy contract (EJARI) terms and conditions are clear and agreed upon at the tenancy’s start. Dubai Rental guidelines provide clear rights & obligations of the tenant and owner.
Also Read:- Can Foreigners Buy Property in Dubai, UAE?
