Tenancy and Landlord rights in Dubai according to RERA

We compiled provisions laid out by the Dubai Land Department for tenant rights and obligations The most important thing for both parties to remember is that where a tenancy contract is valid, it may not be unilaterally terminated during its term by the landlord or the tenant. It can only be terminated by mutual consent or in accordance with the provisions of this law (RERA Law 26 and amendments of Law 33).

 

Tenant’s rights

• The landlord should not give you a home that is in a bad condition.

They are bound by law, to hand over the property in good condition, which allows the tenant full use as stated in the contract.

•  The landlord should not make you responsible for maintenance.

As per the law and during the term of the contract, the landlord should be responsible for the property’s maintenance works and for repairing any defect or damage that may affect the tenant’s intended use of the property.

• The landlord may not make any changes to the property or any of its amenities or annexes that would prevent the tenant from full use of the property as intended.

The landlord must provide the tenant with the approvals required to be submitted to the competent official entities in the emirate whenever and if the tenant wishes to carry out decoration works or any other works that require such approvals, provided that this does not affect the structure of the property and that the tenant has the official documents requesting such approvals.

•  The landlord cannot threaten to withhold security deposit.

If this happens, the tenant can complain to the rent dispute committee which will take a final decision

• The landlord is prohibited from disconnecting services to the property or preventing the tenant from benefiting from the property without notice.

In the event of occurrence of such incidents, the tenant shall refer to police station in the same area to prove the case or to stop such prevention, and also file a case before the Rent Dispute Committee, enclosing supporting reports, for compensation of any damages.

• Rent increase for contract renewal is only allowed as per the RERA rental brackets as seen on the RERA website for different areas and types of properties.

Tenant’s obligations

• The tenant must pay agreed-upon rent on due dates and maintain the property in such a manner as any ordinary individuals would maintain their own property.
• The tenant cannot make changes to the property without getting permission from the landlord, and subsequently getting approval from competent authorities.
• The tenant may be required to pay a security deposit which the landlord agrees to return or refund upon mutually agreed termination or expiry of tenancy.
• Upon the expiry of the tenancy contract, the tenant must surrender possession of the property to the landlord in the same condition in which he or she received it at the time of entering into the contract, except for ordinary wear and tear, or for damage due to reasons beyond the tenant’s control.
• Unless stated otherwise in the contract, the tenant must pay all fees and taxes due to government authorities for use of the property as well as any fees or taxes prescribed for any sub-lease.
• Unless otherwise agreed by the parties, upon vacating and surrendering possession of the property, the tenant may not remove any leasehold improvements made by the tenant.
• Unless otherwise agreed by the parties, the tenant may not assign the use of or sub-lease the property to third parties without the written consent of the landlord.

Glossary:

Landlord: The person who owns the home and rents it out Tenant: The person who enters into a contract to rent the home owned by the landlord Tenancy Contract: The contract between the tenant and the landlord that details the information of the rental agreement, including rent, payment schedules, inclusions and other details.