Dubai is an attractive place for people pursuing a better lifestyle or finding more job opportunities. This influx creates a high demand for more residential properties in Dubai, especially rental units.
As a result, people’s preferred mode of accommodation in Dubai is a rental property. When renting a property, the tenants and landlords have to register with Ejari Dubai. Ejari is an RERA initiative that legally binds both parties to a certain agreement, rules, and regulations.
These rules and regulations are laid out in different articles of the RERA tenancy law. This law protects the rights and defines the responsibilities of both parties. Therefore, whether you’re a tenant or a landlord, thoroughly understanding the RERA tenancy rules can help you become more responsible and protected.
In the text to follow, we will be taking a deeper look at the different RERA tenancy rules in Dubai and their application.
What Is RERA Dubai?
RERA stands for Real Estate Regulatory Authority. Established in 2007, the job of RERA Dubai is to safeguard the rights of homeowners and tenants and to streamline investment in the real estate sector in Dubai. As a result, the Dubai government has adopted the RERA Act of 2007 to protect the rights of both parties.
Some key responsibilities of RERA include:
- Registration and regulation of development projects, rental properties, real estate agencies/brokers, and developers.
- Supervision of sale and purchase of various properties.
- Dispute resolution between different parties.
- Developing initiatives to regulate and monitor the real estate sector.
- Ensuring compliance with local laws and regulations.
Introduction to RERA Tenancy Rules
Law No. 26 of 2007 is called “Law Regulating Relationship between Landlords and Tenants in the Emirate of Dubai.” This law provides a legal framework for all the rented properties in Dubai, excluding hotel rooms or lodging for employees provided by the company (without charge).
The RERA tenancy rules and regulations are essential for the protection of the rights and responsibilities of both the tenant and the landlord. Let us now take a deeper look at what these laws are.
a) Registration with the RERA
Article no. 4 of the RERA tenancy law states that either the tenant or the landlord needs to register the lease agreement with the RERA when renting a property. This law also requires you to register crucial information such as:
- Type of property
- Names of landlord and tenant
- Terms and conditions of the lease contract
- Rent value
- Payment methods.
According to RERA tenancy rules, failure to register the rental agreement with RERA will make it inadmissible in court. In case of a conflict, you can’t present it as proof of agreement between you and the landlord.
a) Terms of Contract Amendments
In Dubai, if either the landlord or the tenant wants to change the contract, they must tell the other party at least 90 days before the contract ends. This means if they want to change the rent, the duration of the contract, or add/remove any rules, they have to do it within three months’ deadline.
b) Terminating a Rental Agreement in Dubai
In Dubai, according to the RERA tenancy law, a rental agreement can’t be ended by just one person (the tenant or the landlord) during the agreed time, unless both agree to end it.
Even if the tenant or landlord dies, the rental agreement doesn’t automatically end. Instead, it goes to the person’s family who inherited it. If they want to end it, they need to give 30 days’ notice, or the time left until the contract ends, whichever is shorter.
There isn’t a specific RERA law in Dubai governing early termination of rental contracts. If tenants want to end their rental contract early, they need to follow Dubai’s tenancy law’s early termination rules. If there’s no such rule, the landlord could ask for compensation for ending the contract early.
d) Rental Term Period Regulations
The regulations regarding the rental term period are outlined in the article no.5-8 of RERA tenancy rules. The few things you should know regarding these rules are:
- The rental agreement should mention the rental term period. Without it, it will be harder to prove the alleged term in the case of a dispute.
- If the rental term period is mentioned, the agreement will be valid until the term runs out.
- Similarly, the sublease contract will end as per the mentioned term period but can be extended if the landlord agrees.
- Landlords can also extend the rental term for the same period as before or one more year, whichever is shorter.
- Both parties must agree during the termination of the contract. If only one party agrees, the lease contract will still be legally valid.
e) Rent Value Regulations
Articles no. 9-14 of RERA tenancy rules outline different regulations related to the rental value of the property. They are as follows:
- Both parties must specify and agree on the rent value at the start of the contract.
- Neither party can amend the terms of rent value in the contract for two years.
- RERA has the right to control the percentage of rent increase.
- Currently, this percentage sits at 5%. It means that landlords are allowed to increase the rent by 5% if their current rent is 11-20% less than the average rent in Dubai.
- The article no. 9-14 also states that tenants must pay the rent on an agreed-upon date.
- If there is no specific date mentioned in the contract, the tenants must pay advance annual rent divided into four installments.
- As per these laws, the landlords can increase the rent at the time of the renewal of the rental contract. However, they must increase it following the RERA rental calculator based on the property of a similar category.
- If any party wants to amend or end the lease contract before renewal, they must inform the other party ninety days prior.
Obligations of Landlord and Tenants
As per the RERA tenancy rules, landlords and tenants have the following responsibilities.
1) Responsibilities of Landlords
The responsibilities of landlords are outlined in the articles no. 5-18 of RERA tenancy laws. They are as follows:
- Landlords must ensure that the property they are renting out is in good condition for its intended use.
- The landlord is responsible for any maintenance or repair that limits or disturbs the tenant’s use of the property.
- Landlords are not allowed to do maintenance work that completely restricts the tenant’s use of property.
- The landlord is also responsible for any damages to the property that occur due to the maintenance work.
- Landlords need approval from relevant authorities before starting maintenance/renovation work on a tenant’s property.
2) Responsibilities of Tenants
Articles no. 19-24 outline RERA rules for tenants. They have the following responsibilities:
- Tenants must pay all the dues, such as rent, gas, electricity, telephone, water, sanitation, etc., on time.
- Tenants must look after the property and protect it from unnecessary damages.
- Tenants cannot make changes to the property unless permitted by the landlord or the relevant authorities.
- The tenant is entitled to a full refund of the security deposit if they hand over the property in a similar condition as at the beginning of the lease contract.
- Tenants do not have the authority to sublease the property.
Eviction as per RERA Tenancy Rules
In Dubai, according to Law No. (33) of 2008, tenants don’t have to give any notice before leaving the property when their contract ends. This law removed the old rule that required tenants to give a 90-day notice to landlords.
However, it is important to check your rental contract because it might have its own notice period for not renewing the contract. If you don’t follow this rule in your contract, the landlord might ask for compensation as a penalty for not giving the notice in due time.
When you leave the property, the landlord should give back your security deposit, either all of it or what’s left after taking out any deductions. Make sure you know how to get your deposit back from the landlord.
Under the RERA law, landlords in Dubai can ask tenants to leave before their contract ends in certain situations. These include:
- If the tenant doesn’t pay rent within 30 days of getting a written notice from the landlord.
- If the tenant rents out the property without the landlord’s written permission.
- If the tenant uses the property for illegal activities.
- If the tenant damages the property or changes it in a way that makes it unsafe.
- If the tenant uses the property for something other than what it was leased for.
- If the tenant breaks any terms of the lease or the law within 30 days of getting a written notice from the landlord.
For commercial properties, the landlord can ask the tenant to leave if they close their business for 30 days in a row or 90 days non-consecutively without a valid reason. The landlord can also ask for eviction if the government needs to demolish the property for urban development.
If you don’t pay rent, landlords can end your tenancy early according to Dubai’s property laws. Additionally, landlords can seek eviction after the tenancy contract ends if:
- They want to rebuild or demolish the property.
- The property needs significant maintenance or renovation that can’t be done while you’re there.
- They want to sell the property.
- They or their immediate family want to use the property.
In these cases, landlords must give 12 months’ written notice via registered mail or public notary.
Read more about tenancy eviction notice in Dubai.
Filing Rental Disputes
Rental disputes may occur if either party doesn’t abide by the RERA tenancy rules. Some of the cases that may lead to a dispute include:
- If the landlord or the tenant does not abide by the conditions laid out in the lease contract, such as tenancy term, rent value, etc., the other party may file a rental dispute.
- If the tenant doesn’t respond to the eviction notice even after the notice period is over, the landlord may file a rental dispute.
- Tenants may also file for rental dispute if the rent increase is unreasonable and not in line with the rent increase percentage laid out in the lease contract.
- To file a rental dispute, the aggrieved party must contact the Rental Disputes Center (RDC) at DLD.
Also read how to file a rental dispute in Dubai.
FAQs
What are the office timings for RERA?
You can reach RERA at the following times:
- Monday to Thursday: 7:30 am – 3:30 pm
- Friday: 7:30 am – 12 pm
- Saturday and Sundays: off
How can I contact RERA?
To contact RERA for any concerns, queries, or complaints, use the number:
+971 800 4488
You can also email your queries to info@dubailand.gov.ae.
Lastly, you can visit the office physically at Dubai Land Department, Baniyas Road, P.O.Box: Dubai 1166 Makani: 30404 94991 United Arab Emirates.
What happens if you don’t pay rent in Dubai?
The landlord may file and pursue an eviction case at the Special Tribunal in the Rent Committee if the tenant fails to pay rent on time in Dubai. Generally, the landlord issues a warning before filing an eviction case.
Can the landlord increase rent in Dubai after one year?
According to the RERA tenancy rules, landlords can increase the property rent after issuing a 90-day notice (before the lease expires). However, they can only increase the rent by a specific percentage laid out by the DLD and as per the RERA rental calculator.
Final Words
This article is sufficient to help you understand the RERA rules and regulations related to rental properties in Dubai. But if you’re new in Dubai and interested in renting, people might use different loopholes to exploit you.
If that’s the case, you need someone who knows Dubai’s rental market thoroughly and can protect your hard-earned money.
That is where real estate consultancy comes in. An experienced and knowledgeable real estate agent can protect your interests, negotiate better rental value, and find the best properties for you. Click here if you’re also interested in letting an experienced professional help you!