Dubai Rental Laws and Tenancy Law: What You Need to Know

Understanding rental laws in Dubai

Simply put, Dubai property rental laws have been established to outline the rights, roles, and responsibilities of both tenants and landlords in Dubai. Ensuring that both parties understand the several RERA tenancy laws is crucial not only to avoid any issues with the law but also to help both parties avoid issues and misunderstandings in the future. 

What are RERA tenancy laws?

Dubai’s booming real estate market is overseen by the Dubai Land Department’s (DLD) regulatory branch, the Real Estate Regulatory Authority (RERA). RERA is responsible for establishing Dubai rental laws that protect the rights of both tenants and landlords.

When it comes to rental laws in Dubai, there are four primary tenancy laws by RERA that one should be aware of:

RERA’s role in rental agreements

Since RERA is the regulatory arm of the Dubai real estate market, it has a subtle yet integral role in all real estate processes - including rental agreements. 

When both parties (the landlord and tenant) are at the stage of signing the tenancy agreement, they have to align all rights, roles, and responsibilities with Dubai rental laws. Any regular or special clauses added to the agreement must abide by Dubai tenancy law. Otherwise, doing so will be considered a punishable offence. 

Once the agreement has been signed, the parties must register for Ejari and DEWA - both of which are provisions of RERA.

Registering for both services is mandatory under Dubai property rental laws as Ejari legalizes the agreement, and DEWA is utilized by tenants to make electricity and water connections and pay the Dubai housing fee. 

Tenants rights in Dubai

As a tenant in Dubai, it is essential to be aware of your tenancy rights to have a smooth living experience in Dubai and know when you can approach legal authorities for issues.

As per Dubai rental laws, here are some of the rights a tenant should be aware of: 

Right to a written tenancy contract

Article 4 of Law (26) of 2006 stipulates that any rental agreement occurring in Dubai or the UAE will only be considered official upon drafting a tenancy contract - which determines the agreed-upon terms and conditions between landlord and tenant.

Right to register the rental contract

Article 4 of Law (33) of 2008 states that either the tenant or the landlord must draft, sign, and register a tenancy contract with RERA through Ejari. This protects the tenant’s rights and ensures the landlord doesn’t rent out the unit to someone else.

Protection against unfair eviction

According to Dubai rental law, if the landlord unfairly evicts a tenant, they can approach the RDC in Dubai to seek justice.

Upon considering factors such as emotional and financial distress caused to the tenant and the duration of the tenancy contract, the RDSC will take action and provide the tenant with compensation.

Right to renew or modify the contract

Within Dubai property rental laws, Article 14 states that in case the landlord or tenant wishes to make amendments to the contract, they must notify the other party at least 90 days before the contract’s expiration.

Protection against illegal lockouts or utility disconnection by landlord

This is an important component of Dubai rental law: Article 34 of Law (26) of 2007. This protects tenants from unfair practices such as the disconnection of their utilities or illegal lockouts during an ongoing tenancy lease.

Right to lodge complaints and dispute resolution

As Dubai rental law states, any rental disputes between a tenant and landlord must be settled by the RDSC. This is outlined by Decree No. 26 of 2013.

Key obligations of tenants in Dubai under RERA

While Dubai property rental laws have various provisions to protect the tenant, several rules outline the responsibilities of a tenant.

Pay rent and other charges on time

According to Article 19 of Dubai rental law, the tenant must make timely rent and utilities payments on the due date.

Use property for approved purposes only

Article 25 of Dubai tenancy law states that any rented unit in the city has designated residential, industrial, or commercial usage. Utilizing your residential unit for other activities will be deemed a breach of the rules and can lead to eviction.

Obtain written approval for alterations or subletting

Under Artiles 19 and 24 of Dubai rental law, tenants cannot make structural or layout changes to the property. They also must let the landlord know if they plan to sublet the property and obtain written consent. Breaching this rule may lead to eviction.

Avoid property misuse or damage

According to Dubai rental law, tenants will be held liable for any damage they cause to the property beyond normal wear and tear. Property misuse or damage must be immediately reported to the landlord, and the tenant will bear the financial responsibility for the repairs.

Maintain property

Article 19 under Dubai rental law states that tenants must maintain their property reasonably well, as they would in their own homes. Proper maintenance is necessary, from maintaining furnishings to cleaning the property.

Vacating notice to the landlord

Law (33) of 2008 states that tenants are not required to notify their landlord before vacating the property - upon their tenancy contract’s expiration. The landlord must return the tenant’s security deposit after inspecting their property and ensuring that no damage has been done.

Return property in good condition post-lease

Dubai tenancy laws mandate tenants to return the property in good condition when they vacate it. Barring normal wear and tear, there must be no other damage to the property, and it must be returned to the landlord in a clean condition - similar to when the tenant first rented the property.

Provide all fees to DLD

As Dubai property rental laws state, the tenant must make payment for all utility bills and the Dubai housing fee on time, and ensure that all outstanding bills are settled at the end of the tenancy.

Not able to remove any improvements

Under Dubai rental law’s Article (23), tenants must ensure the house is clean when vacating. They are also not allowed to remove any improvements made to the property during their tenancy duration unless there is an agreement between both parties.

Key obligations of landlords in Dubai under RERA

Dubai tenancy law also dictates certain obligations that must be adhered to by landlords when they list their property for rent. These include: 

Provide a habitable and safe environment 

This is one of the most important parts of Dubai rental law - that the landlord provides a habitable and safe environment for any new tenant. This includes:

• Ensuring the property's structural integrity and that there are no defects that could prove dangerous for the tenant. 

• Providing access to basic amenities such as electricity, sewage, and running water. 

• Ensuring that pest control has been done before. 

Prompt address of tenant complaints 

If a tenant has any concerns or complaints with the property - before or during the renting period- the landlord must address those promptly. This includes acknowledging the tenant’s complaints and taking action to solve them. 

Respecting tenant privacy 

A critical mandate in Dubai’s tenants' rights and landlord obligations is respecting the tenants' privacy. Landlords are not allowed to enter the property without first informing the tenant. If they visit the property for specified reasons, such as maintenance, the tenant must be given prior notice. 

Safety measures 

The landlord should ensure that the property is safe to live, which includes taking measures such as:

• Fire safety equipment such as smoke detectors and fire extinguishers 

• Security measures such as cameras and locks 

• Emergency exits that are easily accessible 

Rent increases 

While rent increases can be permissible, Dubai rental laws strictly state that landlords must follow the procedures set by RERA. Both parties can utilize the RERA rental calculator to determine whether increasing the rent for a property is permissible and to what degree. 

RERA rental increase regulations in Dubai

The growth of Dubai has led to increased demand for housing, resulting in an upward trend in rental prices. The rental market in Dubai has seen a substantial rise in recent years, with many tenants facing the prospect of landlords trying to implement significant rent increases.

The Real Estate Regulatory Authority (RERA) has instituted regulations governing Dubai's property market to address the evolving dynamics, including Articles 26 of 2007, No. 33 of 2008, and No. 2 of 2011, specifying the exact processes and rules around rental increases in Dubai, including the use of the RERA Rental Index and the need for written notice to be given at least 90 days before the end of the tenancy.

Dispute resolution under Dubai rental laws

Dubai property rental laws also outline rental disputes and how both parties can actively work to solve them. 

Here are some steps both parties can take to resolve rental disputes, as provided under Dubai rental laws. 

• Both parties must first discuss the issue at hand. Whether the complainant is the tenant or the landlord - the issue must be brought up with the other party, and efforts should be made to resolve it amicably. 

• If neither party can arrive at an amicable solution, Dubai tenancy law advises that they approach RDC (Rental Disputes Center) Dubai. There, the complainant can file their case and wait for a verdict. This could take 15 days or more, depending on various factors. 

• If neither party agrees with RDC’s verdict, they must approach RERA Dubai to file a lawsuit. 

Remember that filing a case with the authorities can be time- and money-consuming. It is always recommended that both parties resolve any disputes amicably, as approaching the higher authorities will require them to put in more time and effort. 

Eviction procedures in Dubai

In Dubai rental law, Article 7 states that a valid tenancy contract cannot be unilaterally terminated through its duration unless both parties agree.

There are only specific situations wherein a landlord can evict their tenant before the tenancy contract expires, according to Article 25 of Law (26) of 2007. These situations include:

• The tenant fails to pay rent within 30 days of being handed a written notification from the landlord.

• The tenant sublets the property without the landlord’s permission.

• The tenant uses the property for illegal activities or allows others to use it.

• The tenant causes property damage that endangers their safety.

• The landlord wants to demolish or reconstruct the property.

If your landlord is attempting to evict you illegally, you can approach a lawyer or the DLD with your case and any evidence you may have.

Summary

Navigating Dubai’s rental and tenancy laws is crucial for both tenants and landlords to ensure a smooth and legally compliant rental experience. From understanding your rights and obligations to following the dispute resolution procedures outlined by RERA, being well-informed can help prevent misunderstandings and protect your interests.

Whether you're renting an apartment, villa, or townhouse in Dubai, having knowledge of the regulations and seeking professional assistance when necessary is key.

For more guidance and to explore the best rental options in Dubai, reach out to Engel & Völkers Dubai—our expert agents are ready to assist you in every step of your rental journey.