Your Rights as a Tenant in the UAE

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Your Rights as a Tenant in the UAE

• HHS Lawyers and Legal Consultants

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• With a significant diaspora of professionals,
  students, and businessmen in the middle east, the
  only constant in Dubais real estate rental
  market is change. New properties are listed every
  day, fresh agreements are made and newly forged
  relationships come into effect. So, who governs
  this fluid market and regulates the relationship
  between a landlord and his tenant? 
• Enter the RERA, the Real Estate Regulatory
  Agency. A government body regulates all
  transactions pertaining to real estate in the
  UAE, including the ones that occur between a
  landlord and his tenant. For clarity and in the
  spirit of due diligence, property lawyers in
  Dubai can be approached by either party. 
• All contracts between the landlord and tenant
  must be registered with RERA through their EJARI
  service. Standard contracts can be downloaded
  from their website and under Additional Terms
  the landlord and/or tenant may include clauses as
  they see fit. 

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Inspecting Premises Beforehand

• Always inspect the property to ascertain if it is
  in a state fit for inhabitation before signing
  any contract. Since rights and responsibilities
  are inexplicably intertwined, the tenant must
  also ensure that, at the end of his contract, the
  property is returned to the landlord in the same
  condition as he received it, with the exception
  of reasonable wear and tear. 

Paying some Maintenance 

• Here is where the Additional Terms come in
  handy. Standard text in the Ejari contract does
  not cover maintenance issues. It is important to
  have a detailed discussion with either the
  landlord or real estate agent with regards to who
  is responsible for what during the tenancy
  period. Property lawyers in Dubai usually assist
  in crafting comprehensive contracts that benefit
  both parties. If you have already signed a
  contract without specifying details regarding
  maintenance, the rule of thumb dictates that
  maintenance under AED 500 should be undertaken by
  the tenant while anything over that amount is the
  responsibility of the landlord. 

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Landlord responsible for Government Charges

• Taxes, Dubai Land Department, or Real Estate
  Regulatory Agency fees and charges are the
  responsibility of the landlord.

Binding Contract despite Sale of Property

• The landlord may sell his property during the
  contract period. In this case, the tenancy
  contract remains valid until the end of the
  contract period. 

Rent Increases are Legal

• Rent increases are governed by well defined laws.
  The percentage of increase depends on the current
  rent of the property. If the rent is about 10
  less than the rent of similar units in Dubai, the
  landlord cannot demand an increase in rent. If
  the current rent is between 11 and 20 less than
  those of similar units in the Emirate, the
  landlord can increase rent up to 5. 

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• If math isnt your strong suit or you just dont
  have the inclination to study the property
  market, a handy calculator is available on the
  Dubai Land Departments website. By entering a
  few simple details like the address and current
  rent, the tool calculates the maximum allowable
  rent increase the landlord is entitled to. 
• It is your right as a tenant to be informed of
  any increase in rent at least 3 months or 90 days
  before the end of the contract period.  

Needing to leave during the Contract Period

• Although hard to predict having to leave your
  rental during the contract period, it is always
  advisable to include the possibility within the
  contract with detailed and mutually agreed upon
  terms and conditions. Property lawyers in Dubai
  can assist in framing such contracts.  By law,
  one party (tenant or landlord) cannot terminate
  the contract during the contractual period. It
  must be mutually agreed upon unless specified
  otherwise in the contract. In case it is not, the
  landlord can demand payment of a penalty for
  early termination of the contract.

The Forgetful Landlord

• If your lease expires, but the landlord or real
  estate agent does not contact you or you are
  unable to contact them, and you continue to
  reside in the property, the contract will be
  automatically renewed for a period of one year
  with the same terms and conditions. 

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Security Deposit

• The landlord must return the security deposit in
  full or with deductions (based on the condition
  of the property) to the tenant when the latter
  vacates the property. 

The Possibility of Eviction

• Eviction occurs when the landlord demands that a
  tenant vacate his property before the end of the
  contract period. Unless you run afoul of the
  laws, the landlord cannot evict you from the
  property. Running afoul of the laws of the land
  takes many forms. Subleasing the property, or
  engaging in unlawful activities inside the
  premises constitutes cause for eviction. 
• The landlord must issue a notice to the tenant 30
  days before a possible eviction if the tenant has
  not paid rent for the past month, has caused
  significant damage to the property or has
  breached terms of the contract.
• Also, if the property is scheduled to be
  demolished by the government for any reason, the
  landlord has the right to evict the tenant. 

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Leaving the Property

• Although the landlord is fully within his rights
  if he chooses not to renew the tenancy contract
  for reasons such as the requirement of the
  property for his personal use, scheduled
  renovation of the property, or intention to sell
  the property, he must inform the tenant in
  writing a year in advance. 
• Also, unless otherwise specified under
  Additional Terms, the tenant is not required to
  provide the landlord with any notice of vacating
  when his contract comes to an end. 
• Contact your local property lawyer in Dubai today
  for an in-depth review of your tenancy contract!
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