Tenants Guide in UAE | Rights and duties of the tenant

دليل المستأجرين في الإمارات - Tenants Guide in UAE Rights and duties of the tenant

The tenant in the UAE is subject to a set of controls and legislation guaranteed by the country’s rental law. The UAE government is keen to clarify and guarantee the rights and duties of its tenants through explicit legal provisions.

These wise policies in the country have encouraged an increasing number of tenants, both citizens and expatriates from many countries. Especially those looking for residential or commercial real estate, whether floor apartments, villas, or even small offices, at acceptable prices and commensurate with the budget of each of them.

In this context, we have prepared this article to provide you with a comprehensive Tenants Guide in UAE. We will also answer all questions about the obligations of the lessee and the lessor, regulating the legal relationship between them, and other essential details related to this matter.

Obligations of the lessor and lesee in the UAE

Tenants Guide in UAE

Both the lessor and the lessee in the Emirates are committed to a set of controls enacted by Tenancy Law No. (26) of 2007, which are as follows:

Lessor’s obligations

Lessee’s obligations in the UAE

Handing over the property in good condition without problems with construction, decoration, or service facilities, so that the lessee can fully benefit from it. Pay a security deposit to the lessor upon signing the contract to ensure the preservation of the property, and recover this amount upon expiration of the contract term.
Carrying out all necessary maintenance work for the property, unless the lease contract stipulates otherwise. Pay the agreed-upon rent amounts on time.

 

Do not make any modifications to the property or its internal facilities, especially if they cause harm to the lessee later. Do not make any changes to the property’s appearance or renovation work, except with the approval of the lessor and obtaining official licenses to do so.
Giving the lessee official approval to make any modification to the exterior or interior design of the property. In accordance with the terms of the contract concluded between the two parties. Handing over the property to the lessor at the end of the contract as he received it without causing any problems.
Pay all fees and taxes due to the competent official authorities.
The lessee shall not relinquish the use of the property, or secretly rent it to anyone without the owner’s written consent to this step.

Tenants Guide in UAE – Tenant protection law

The UAE rental law stipulates the protection of the tenant through the following points:

  • Renewing the lease contract:

Lessees can renew the lease contracts for the property in which they live, but they must inform the landlord of their decision 90 days before the end of the contract.

  • Property maintenance work is borne by the lessor:

The property owner bears the full costs of maintenance and restoration work for the rented property. This is also specified when signing the contract so that the lessee does not incur any expenses.

  • Not imposing any fees when renewing lease contracts:

The lessor or any party on his behalf is not allowed to impose fees on the lessee when renewing the lease contract, under penalty of legal accountability.

  • The lessee’s use of all services from the property:

The property owner must grant the lessee the right to use all of the property’s service facilities. Any interruption or deprivation of the lessee of his services requires summoning the lessor to judicial accountability and compensating the lessee for the damage he has suffered.

  • Not increasing the rental allowance during a specific period:

The lessor does not have the right to increase the rental allowance for the residential property before the expiration of a period of 3 years from the date of concluding the contract between him and the lessee in the Emirates.

Tenants Guide in UAE

Lessee’s eviction deadline

The lessee in the UAE is given a specific period to leave the property and hand it over to the owner according to the following:

  • The property owner has the right to submit a request to vacate the property from lessees who need it at least 12 months before the end of the contract period.
  • The lessor cannot ask the lessee to vacate the property without a convincing reason, according to Article 25 of Tenancy Law No. (26) of 2007.
  • In addition to the need for the lessor to issue a special eviction notice lasting between 30 and 90 days, to be sent to the lessee via official mail.

 

How to Evict a Lessee Without a Lease Contract

The lessor has the right to evict a lessee in the UAE without a lease contract by doing the following:

  1. Notifying the lessee of the landlord’s desire to recover his property for valid and necessary reasons.
  2. File a lawsuit against the lessee if he does not respond to the eviction notice.
  3. Adding other claims against the lessee in the event of non-payment of rent or service bill amounts and other financial debts owed to the lessor.
  4. It should be noted that the property owner does not have the right to forcefully evict the lessee or expose him to violence or cause him harm. Rather, he follows the proper legal path until he recovers his entire property.

 

Rights of lessees in Dubai over the lessor

The lessor is obligated to grant the lessee in the Emirates – Dubai, the following rights:

  • The lessee has the right to ask the lessor to undertake all maintenance, restoration, and renovation work on the property before receiving it and even while living in it, as well as the obligation to pay all expenses incurred in return for that.
  • The lessee has the right to remain within his property and not leave it without obtaining a convincing reason from the lessor.
  • The lessor must notify the lessee of his desire to vacate a specific period before the end of the contract, ranging from at least 30 to 90 days.
  • The lessor must deliver the property to the lessee in good condition so that he can benefit from it during the period of residence.

Tenants Guide in UAE

Tenants’ responsibilities in Dubai

Tenants Guide in UAE
Tenants Guide in UAE

Tenants in Dubai are required according to the UAE rental law: Commitment to the following responsibilities:

  • The tenant must pay the rent agreed upon within the lease contract on the specified date.
  • The tenant has no right to carry out any repairs, restoration, or maintenance work on the property without the lessor’s official approval.
  • The tenant must deliver the property in the best condition as he received it from the lessor upon the expiration of the contract period.
  • The tenant must pay fees and taxes due on the property unless otherwise agreed upon when concluding the rental contract.
  • The tenant must not remove any improvements he added to the property when the eviction date approaches unless otherwise agreed between the parties.

Tenants Guide in UAE

The tenant refused to pay the rent and vacate the apartment

The lessor can take several measures if the lessee refuses to pay the rent and leave the apartment, which are as follows:

  • Evaluate the situation by verifying payment records and determining the period of delay in paying the rent and the timing of its maturity documented in the lease contract.
  • Also evaluate the lessee’s situation, if it is the first time, he has abstained from paying rent, or if he has other history before.
  • It is necessary to communicate with the lessee to find out the reasons that prompted him to fail to pay rent.
  • Deal calmly with the lessee to verify his intention to pay in the future when he has financial liquidity.
  • Giving the lessee a specific deadline to pay if he does not provide convincing reasons, and if he does not respond, the lessor has the right to evict him from the property.
  • In addition to the possibility of filing a lawsuit to evict the lessee legally without any personal problems with him.

 

Determination of the lease contract by the lessee

We will show you some points about the determination of the lease contract by the lessee in the Emirates, which are as follows:

  • Neither party (the lessor and the lessee) has the legal right to terminate the lease contract individually without a valid legal reason for this action. When there is a convincing excuse, the procedures for canceling the contract are completed at the Rental Disputes Committee.
  • However, when there is an agreement between the lessor and the lessee to terminate the lease contract by mutual consent, there is no problem with that, provided that the compensation amounts due between the two parties must be paid.

 

A lessor’s complaint against a resident without a lease contract

The property owner (the lessor) can file an official complaint against the lessee living without a lease contract, at the (Rental Disputes Resolution Center in the Emirates – Dubai), which is affiliated with the Dubai Land Department.

After that, the committee authorized to resolve rental disputes considers the submitted complaint and studies its merits. It also examines the reasons that prompted the lessor to provide it, so that it does not violate the provisions of the UAE Tenancy Law.

Tenants Guide in UAE

How to cancel an electronic lease contract by the lessee

The rental contract can be canceled online by the lessee in the UAE through the following methods:

  1. Visit the official website of the Land Department.
  2. Cancel the rental contract through the Dubai Now application.
  3. Cancel the rental contract through the Dubai REST Real Estate application.

 

Steps to cancel the lease contract by the lessee electronically

You can cancel the rental contract online by following these steps:

  1. Enter the official Land Department website, or download the Dubai REST application.
  2. Create an account on Ejari system.
  3. Select Ejari cancellation service.
  4. Enter all required data in the designated fields.
  5. Submit the application online, and wait for the appropriate email response if your application is accepted.

 

How to file a complaint against a tenant who has not paid electricity

The lessor can file a complaint against the tenant in the UAE in the event of non-payment of electricity bills through the following:

  • First, it is best to talk to the tenant and ask him to pay the electricity company. If he does not respond to this, the owner has the right to ask him to vacate the property within 30 days from the date of notification.
  • The lessor also has the right, if the tenant is stubborn in his opinion, to file a lawsuit before the Judicial Committee to resolve disputes between lessees and lessors.
  • Hence, waiting for the court to issue an eviction ruling and pay the outstanding bills.

Tenant’s failure to pay water

The tenant is responsible for paying water and electricity bills during the period of the contract concluded between him and the lessor. If he refuses to pay, he must be asked to do so and the following measures must be taken:

  • The property owner must head to the Dubai Rental Disputes Resolution Committee.
  • File a complaint against the tenant, including a statement of non-payment of water bills.
  • The Disputes Committee issues its decision requiring the lessee to pay the due bills and deliver a release to the lessor. This is to enable him to benefit from the property and basic services again.

Tenants Guide in UAE

How to evict a lessee from agricultural land

The lessor can evict the lessee from agricultural land in the Emirates according to Law No. (26) of 2007 as follows:

  • Informing the lessee of the need to leave the agricultural land and hand it over to the owner for specific reasons.
  • File a lawsuit with the competent court against the lessee if he does not respond to the lessor’s request.
  • Waiting for the court’s decision to evict after taking into account all the necessary reasons for doing so.

The period required from the lessor to notify the lessee to leave his rented property

The time period required from the lessor to notify the lessee to vacate the property is as follows:

  • The lessor must notify the lessee in the Emirates of his need for the property and request to leave it 12 months before the end of the contract period between the two parties.
  • The lessor can also notify the lessee of a special notice to leave, ranging from 30 to 90 days, via email.

 

Who is responsible for the maintenance and repairs of rental properties in Dubai?

The lessor is responsible for maintenance and repairs of rented properties in Dubai according to Law No. (26) of 2007 as follows:

  • Article 15 of Law 26: “The lessor is obligated to deliver the property in a condition fit for use, and in a manner that enables the lessee to fulfill the contracted benefit.”
  • Article 16 of Law 26: “The lessor shall be responsible during the lease period for maintaining the property and for repairing any malfunction or defect that affects the lessee’s fulfillment of the intended benefit unless the two parties agree otherwise.”

 

Can a lessor enter a rented property without the lessee’s permission in Dubai?

The lessor does not have the right to enter his property without the lessee’s permission in the Emirates – Dubai. This point is also proven when concluding a lease contract between the two parties. The property becomes the lessee’s custody and he is authorized to enter it until the end of the contract period. He has the full right to allow or not allow anyone to enter his property.

 

Tenants Guide in UAE

Cases to evict a tenant from the property

Cases of eviction of a tenant in the UAE from his property are as follows:

Eviction cases before the end of the lease term

Eviction cases upon expiration of the contract

The tenant’s failure to pay the rent for a period of 30 days from the date of his notification. An official government decision is issued to demolish the property and rebuild it for the purposes of urban expansion.
Renting the property without obtaining the approval of the property owner. The landlord’s desire to demolish the property and rebuild it again.
Use of the property by the tenant or other persons for illegal or immoral purposes. The landlord’s right to reclaim the property and use it for his own personal purposes or that of one of his relatives.
Closing the business by the tenant for 30 consecutive days or 90 separate days without providing a convincing excuse. The landlord’s desire to sell the entire property.
The tenant makes modifications or changes in building specifications that affect its safety in the future.
The tenant’s use of the property for purposes not agreed upon in the terms of the contract.
The tenant’s failure to comply with the legal controls stipulated in the contract.
The existence of an official government decision to demolish or restore the property if it is in danger of collapsing.

 

Tenants Guide in UAE

The tenant is late in paying the rent

If a tenant in the Emirates is late in paying rent, it is necessary to request an eviction from him, after notifying him and giving him a period of 30 days to carry out the eviction.

The property owner also resorts to negotiating with the tenant at the beginning and asking him to pay the monthly amounts due.

 

How to evict the tenant after the end of the contract

The tenant can be evicted in the UAE after the end of the lease contract in the following cases:

  • The property owner’s desire to demolish the property and rebuild it again, after obtaining the relevant official licenses.
  • An official government decision was also issued to remove the property for the purpose of urban expansion work.
  • The landlord’s desire to recover his property to benefit from it personally or to give it to one of his first-degree relatives.
  • The owner’s desire to sell the property and not rent it again.

 

At the conclusion of our article, these were the most important ideas about the Tenants Guide in UAE. Through it, we reviewed everything related to the rights and duties of the tenant and the obligations of the lessor. We also touched on the most important details that regulate rental contracts and eviction cases, to be a clear reference for everyone who wants to invest in real estate in the Emirates and rent or rent it and explain his legal and financial obligations.


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