Navigating the rental market in Dubai requires more than just finding the right apartment. It requires a solid understanding of the legal framework that protects you with laws regarding tenants’ rights in Dubai and responsibilities. The relationship between you and your landlord is strictly regulated by Law No. 26 of 2007 and Law No. 33 of 2008, along with specific decrees regarding rent caps.
This guide breaks down the legalese into a clear timeline of your rights and responsibilities as tenants in Dubai.
TL;DR
- Contracts: Every tenancy agreement must be in writing and registered with RERA via the EJARI system.
- Rent Increases: Landlords cannot raise the rent arbitrarily. Increases are capped (0% to 20%) based on how your current rent compares to the average market value for similar properties.
- Renewals: If either party wants to change the rent or terms, they must give 90 days’ notice before the contract expires.
- Eviction: A landlord can only evict you upon contract expiry for specific reasons (like selling or personal use) and must provide 12 months’ notice via Notary Public or registered mail.
- Maintenance: Unless stated otherwise, the landlord pays for major repairs and defects, while the tenant handles day-to-day preservation.
Phase 1: Signing and Moving In
The safety of your tenancy begins before you even unpack a box. The law requires specific steps to make your residency official and protected.
The Contract and Registration
Your relationship with the landlord must be regulated by a formal, written tenancy contract. Verbal agreements offer little protection. Once signed, this contract must be registered with the Real Estate Regulatory Agency (RERA) through the EJARI system.
Why this matters: If a dispute arises later, judicial authorities and government departments may not consider any claim unless your contract is registered with EJARI.
The Condition of the Property
You have the right to receive the property in good condition that allows you to use it fully as intended in the contract. If you are renting an unfinished property, you can agree to complete the construction yourself, but the contract must clearly state who bears the costs.
Security Deposits
Landlords are permitted to ask for a security deposit to ensure the property is maintained. The law explicitly states that the landlord must refund this deposit, or the remainder of it, to you upon the expiry of the lease.
Phase 2: Living in the Property
Once you are settled, the law shifts to protecting your peace, privacy, and the quality of your living standards.
Maintenance Duties: Who Pays for What?
One of the most common disputes involves maintenance. The law provides a clear default position unless your contract states otherwise.
- Landlord’s Duty: During the lease term, the landlord is responsible for maintenance works and repairing any defect or damage that affects your intended use of the property.
- Tenant’s Duty: You must maintain the property as an ‘ordinary person’ would maintain their own home. You are generally responsible for minor upkeep and ensuring you do not damage the premises through negligence.
Usage and Amenities
Your rent covers more than just the four walls. Unless agreed otherwise, your rent includes the use of property amenities such as swimming pools, gyms, health clubs, and car parks. The landlord cannot remove or restrict your access to these facilities during your tenancy.
Privacy and Services
Your landlord is legally prohibited from disconnecting services like electricity or water to the property, or disturbing you in any manner that prevents you from using the property. Action Plan: If a landlord attempts to cut services to force an eviction or rent increase, you have the right to file a report at the police station and seek damages through the Tribunal.
Making Changes
You cannot make changes, renovations, or carry out major maintenance without the landlord’s permission. If you wish to redecorate or renovate, you must obtain the required licences from the competent authorities and written approval from the owner.
Phase 3: Renewal and Rent Increases
As your contract nears its end, you face the critical question of renewal. This is where many tenants overpay because they are unaware of the strict rent caps.
The 90-Day Notice Rule
If either you or the landlord wishes to amend any term of the contract, including the rent amount, notification must be given 90 days before the contract expires. If the landlord misses this window, the contract renews automatically on the same terms and for the same duration (or one year, whichever is shorter).
The Rent Cap (Decree No. 43 of 2013)
Landlords cannot raise rent arbitrarily. Increases are calculated based on the average rental value of similar units in your area. The permitted increases are strictly tiered:
- 0% Increase: If your current rent is up to 10% less than the average market rent.
- 5% Increase: If your rent is 11% to 20% less than the average.
- 10% Increase: If your rent is 21% to 30% less than the average.
- 15% Increase: If your rent is 31% to 40% less than the average.
- 20% Increase: If your rent is more than 40% less than the average.
Phase 4: Eviction Rules and Moving Out
Eviction laws in Dubai are highly specific. A landlord cannot simply ask you to leave because they feel like it.
Myth Buster: “The Landlord wants to sell, so I have to leave immediately.”
Fact: This is false. Transferring ownership of the property to a new owner does not affect your right to occupy the property. The new owner must honour your fixed-term contract. If the new owner wishes to evict you for personal use or sale, they must still follow the strict notice procedures described below.
Eviction Upon Expiry (The 12-Month Rule)
If a landlord wants you to vacate upon the expiry of your contract, they must notify you 12 months in advance via Notary Public or registered mail. Furthermore, they can only do this for four specific reasons:
- Demolition: The landlord intends to demolish the property for reconstruction.
- Renovation: The property requires comprehensive maintenance that cannot be done while you are living there.
- Personal Use: The landlord wants the property for their own personal use or for their first-degree relatives.
- Sale: The landlord wishes to sell the property.
Note: If they evict you for personal use but then rent it to someone else, you have the right to claim compensation. They are legally barred from re-renting the property for at least two years (residential) or three years (non-residential) after recovering it from you.
Immediate Eviction (Breach of Contract)
The landlord can demand eviction before the contract expires only in severe cases, such as:
- Non-Payment: Failure to pay rent within 30 days of receiving a notice.
- Illegal Subletting: Subletting the property without written approval.
- Illegal Use: Using the property for illegal or immoral purposes.
- Endangerment: Making changes that render the property unsafe.
Returning the Property
When you finally leave, you must surrender the property in the same condition you received it. However, the law explicitly excludes “ordinary wear and tear”. You are not responsible for the natural ageing of the property.
Final Checklist for Tenants
- Read the Fine Print: Ensure your contract does not contradict Law No. 26.
- Register EJARI: Do this immediately upon signing.
- Know Your Cap: Check the RERA calculator before agreeing to any rent increase.
- Watch the Clock: Mark the date 90 days before your contract expires to negotiate renewals.
FAQs
1. Can my landlord increase my rent in Dubai?
Yes, but only within specific limits set by RERA. If your current rent is up to 10% less than the average market rent for similar units, no increase is allowed. If it is significantly lower, the increase is capped between 5% and 20% depending on the difference.
2. How much notice does a landlord need to give a tenant to move out in Dubai?
If the landlord wishes to recover the property for personal use, sale, demolition, or comprehensive maintenance upon expiry of the lease, they must provide 12 months’ notice sent via Notary Public or registered mail. For eviction due to non-payment of rent, the notice period is 30 days.
3. Can a landlord enter my property without permission in Dubai?
The law prohibits the landlord from disturbing the tenant in their use of the property. While the landlord is responsible for maintenance works, access generally requires consent and coordination, as the tenant has the right to full use of the property.
