The one constant in Dubai’s real estate rental market—due to a sizable portion of professionals, students, and businesspeople—is change. Every day, new homes are added to the market, new contracts are signed, and new connections are created. So who controls this dynamic market and the contractual arrangement between a landlord and tenant?
Need Legal Help? Click Here
Here comes the Real Estate Regulatory Agency, or RERA. In the United Arab Emirates, a government agency oversees all real estate-related transactions, including those between a landlord and his tenant.
Through RERA’s EJARI program, all agreements between a landlord and renter must be registered. Standard contracts are available for download on their website, and the landlord and/or renter may add terms as they see fit under “Additional Terms.”
As a tenant, you should be aware of the following:
Inspection of the Location in Advance:
Before signing any contract, always inspect the property to make sure it is fit for habitation. Because rights and obligations are inextricably linked, the tenant must also make sure that the property is returned to the landlord at the end of his lease in the same condition in which he acquired it, with the exception of fair wear and tear.
Paying for Maintenance:
The “Additional Terms” are helpful in this situation. Maintenance-related clauses are not included in the Ejari contract’s standard language. It’s crucial to have a thorough conversation with the landlord or the real estate agent about who will be in charge of what during the tenancy.
Property attorneys in Dubai frequently help to draught thorough contracts that are advantageous to both parties. The general norm is that maintenance under AED 500 should be handled by the tenant, while anything more than that is the landlord’s obligation if you have already signed a contract without instructions addressing maintenance.
Taxes, fees, and levies levied by the Dubai Land Department or the Real Estate Regulatory Agency are the landlord’s obligation.
Binding Agreement Despite Property Sale:
During the duration of the contract, the landlord may sell his possessions. In this instance, the tenancy agreement is still in effect until its expiration.
Every time a landlord wants to reclaim their property from a tenant, as in this example, for sale, they are required by law to issue a notice of their intentions at the beginning of the tenancy.
In the Emirate of Dubai, Law No. 26 of 2007 Article 25 regulates the interactions between landlords and tenants. Even while he has the right to visit the house for an inspection with adequate advance notice, the landlord must also allow you to enjoy the home in peace and quiet throughout your tenure.
If you find the viewing to be inconvenient, you can complain to RERA about your landlord for breaching his legal obligations. If they sell the apartment and want you to vacate, this can only be agreed upon by both parties.
Rent hikes are permitted:
Rent increases are subject to clear-cut legal restrictions. The existing rent for the property determines the percentage increase. The landlord cannot request a rent increase if the rate is around 10% less than the rent of comparable units in Dubai. The landlord may raise the rent by up to 5% if the existing rent is between 11 and 20 percent less than that of comparable apartments in the Emirate.
If calculations isn’t your strong suit or you don’t have the time to research the real estate market, the Dubai Land Department’s website has a helpful calculator. The tool estimates the maximum permissible rent increase the landlord is entitled to by asking for a few basic information such as the address and the current rate.
As a tenant, you have the right to know about any rent increases at least three months or ninety days before the end of the rental agreement.
Leaving during the contract period:
Even if it can be difficult to plan for needing to vacate your rental throughout the time of the agreement, it is always advisable to include the option in the contract with specific and understood terms and conditions.
Security payment:
When the tenant vacates the property, the landlord is required to restore the security deposit in whole or with deductions (depending on the condition of the property).
Eviction:
When a landlord requests that a tenant leave his property before the conclusion of the rental agreement, this is known as an eviction. The landlord cannot kick you out of the house unless you break the law. Lawbreaking can take a variety of different forms. Eviction is justified in cases of subleasing the property or engaging in illegal activity on the property.
If the tenant has not paid rent for the previous month, has significantly damaged the property, or has broken the conditions of the lease, the landlord is required to give the renter notice 30 days prior to a potential eviction.
Additionally, the landlord has the authority to evict the renter if the property is expected to be demolished by the government for any reason.
Sara Advocates and Legal Consultants help with tenant and landlord disputes. Our lawyers will thoroughly examine your case and then suggest the course to tread.