Subletting in Dubai: How Long Can You Sublet an Apartment

What is sub-letting?

Subletting a property is when a pre-existing tenant of a property decides to rent it out to a third party. This is also known as subleasing. 

Subletting a property usually happens in situations such as:

• When an agency acquires the master lease for the entire building and sublets apartments to its tenants, thereby, each tenant owns a subletting contract. 

• The existing tenant rents either a section of the property or the entire property to a third party. This might be because they are temporarily relocating or because they are having financial difficulty.

Usually, the amount of time a tenant sublets to a third party is much less than the duration of their tenancy contract. 

Is sub-letting your apartment legal in Dubai?

Simply put, yes. Subletting your apartment in Dubai is legal, but you have to follow strict laws for subletting an apartment in Dubai. As Article 24 of Law No. 26 of 2006 states, a tenant must obtain written consent from their landlord before subletting the property to a third party - unless specified otherwise in the tenancy contract. 

Along with this, Article 25 of Dubai rental laws states that subletting a property without the landlord’s written consent is illegal and can result in eviction. Along with that, the third party can also file a compensation claim against the tenant if in such cases. 

For how long can you sublet an apartment in Dubai?

While there is no official period for subletting your apartment in Dubai, it is only permissible during your tenancy contract. As a tenant, you will not be allowed to sublet your apartment to a third party if your tenancy contract has expired. You can also only sublet the apartment for the period for which you have the landlord's approval

Legal framework for sub-letting an apartment in Dubai

It is very important to uphold the laws of subletting an apartment in Dubai. Here are certain legal frameworks you must consider before you begin subletting your apartment: 

Original lease agreement

Before subletting your apartment in Dubai, it is advised to go through your original lease agreement with a fine tooth comb. The contract may have clauses about subletting the property - whether it allows, doesn’t allow, or poses specific circumstances wherein the property can be sublet. 

Permission from the landlord

If your original lease agreement stipulates that subletting is allowed, you must obtain written consent from your landlord. You can first confirm with your landlord if they require a written letter stating that you will be subletting the apartment. 

Without obtaining written permission, you risk legal proceedings and the possibility of eviction. 

Ejari registration

A very important aspect of subletting your apartment in Dubai is to ensure that the lease agreement is registered through Ejari and the Real Estate Regulatory Authority (RERA). 

RERA is responsible not only for the entire Dubai real estate market but also for protecting the rights of both tenants and landlords. In case of queries and legal disputes, one’s property and any lease agreement must be registered with Ejari. 

Registering with Ejari will aid the authorities and protect your rights in case of any disputes.

Security deposit

As the property is being sub-let to a third party, they will be responsible for giving the landlord a security deposit. The security deposit is a contingency fund of sorts for the landlord, as they can utilize it to pay for any sort of damages caused by the third party to the property. 

While the original tenant is not responsible for providing the security deposit, they must keep in mind that they are still responsible, to a degree, for maintaining the safety and good condition of the property. 

Steps to subletting your apartment

Now that you are aware of important factors to consider before subletting your apartment, it is time to address an important question, “How to sublet an apartment in Dubai?” 

Following the next steps will facilitate a relatively smooth and hassle-free subletting experience:

1. Confirm permission

The first step in subletting your apartment in Dubai is always to obtain written permission from your landlord. This can be accomplished by revising the original lease document or by receiving a separate letter from the landlord with their written permission. 

2. Advertise the property

If you do not already have a third party who wishes, you can advertise your property on several platforms to find a subletter. Platforms such as sublet.com will help you find people interested in the property. 

It is important to ensure that all details such as the duration of the sublet period, the amenities, and the rent are mentioned when you are advertising the property. 

3. Screen potential subletters

When you sublet an apartment in Dubai, you must screen the potential new tenants to ensure that they are suitable fits. You can ask for details such as their job, educational background, any references, and ask for proof that they are financially capable of paying the rent. 

Just as communication is important between a landlord or tenant, good communication between you and the subletter will result in a smooth subletting experience. 

4. Draft a sublet agreement

This is an important step in the process of subletting your apartment in Dubai. A sublet agreement will bear the terms and conditions agreed upon by the tenant and third party. This will include details such as the rent, down payment, the sublet tenancy duration, and any other additional conditions. 

5. Register the sublet agreement 

Once all the terms and conditions have been agreed upon, both parties must sign the sublet agreement. After that, Ejari should be notified of details of the sublet, such as the tenants’ names, the transaction name, and the date of signing. This agreement must be registered. 

Submitting the sublet agreement can be done online. 

6. Handover and inspections

Once the registration is over, you must prepare the property for the subletter to come and inspect before they move in. The subletter should thoroughly inspect the property and prepare a detailed report about the property’s condition.

This report can be documentation to provide to relevant authorities in the case of any disputes between you and the third party. 

7. Collect payments

This is the last step in the initial process of subletting your apartment in Dubai. As the tenant, you can collect the initial payments from the third party - such as rent and security deposit. Ensure that your landlord remains in the loop regarding any payments or delays. 

Challenges while subletting your apartment in Dubai

As mentioned above, there are certain laws and regulations for subletting an apartment in Dubai that may cause difficulties for you. It is important to be wary of them so that you avoid any consequences in the future. 

Legal consequences

The key to successful subletting in Dubai is to follow every law. If you do not meet the regulations for subletting an apartment in Dubai, you could face strict legal consequences and may also be evicted from the property you are residing in. It is wise to remain abreast of laws for subletting an apartment in Dubai. 

Property management approval

There may be separate rules for those subletting an apartment in a community. Such rules may be formed by the developer or homeowners association. Before subletting your apartment, it is advised to contact the property management authorities for any particular regulations you may have to adhere to. 

Responsibilities of the subletter

While the subletter will be responsible for keeping a part of, or the entire property in good condition, the onus falls on the original tenant to continue paying rent and carry out the responsibilities they already have for the property. 

Cultural sensitivities

Dubai is a multicultural city with people of diverse backgrounds residing in its areas. The tenant and subletter both must be aware of the city and area’s cultural sensitivities and respect them. 

To obtain more insights about how to sublet an apartment in Dubai as a tenant, stay up-to-date with the latest news and updates from Engel & Völkers Dubai.

For expert guidance on buying, selling or renting a property, get in touch with us now at dubai@engelvoelkers.com or call us on 800 355.