Rental & Tenancy Law

WHAT IS RENTAL & TENANCY LAW?

Rental and tenancy law governs the legal relationship between landlords and tenants, covering aspects such as leasing agreements, tenant rights, eviction procedures, and dispute resolution.

At FARID&PARTNERS  Legal Group, our dedicated rental and tenancy law specialists possess a deep understanding of the Real Estate Regulatory Agency (RERA) regulations, the nuances of the Rental Disputes Settlement Centre (RDSC) / Rental Disputes Centre (RDC), and the governing legislation like Law No. 26 of 2007 and its amendments under Law No. 33 of 2008.

We provide clear, strategic, and effective legal support tailored to your unique situation, aiming for efficient resolutions and peace of mind.

THE IMPORTANCE OF SPECIALIZED LEGAL GUIDANCE IN RENTAL AND TENANCY MATTERS IN DUBAI

In a dynamic legal environment and a fast-paced real estate market like Dubai, rental disputes can quickly escalate into complex legal battles leading to significant financial losses, time-consuming procedures, and serious legal exposure.

This is where the value of early legal involvement becomes clear.

A legally compliant, clearly drafted tenancy agreement paired with a comprehensive understanding of each party’s rights and obligations is the cornerstone of a secure and dispute-free rental relationship.

Professional legal representation not only serves to resolve conflicts when they arise but also plays a proactive role in preventing them altogether.

KEY LEGISLATION GOVERNING TENANCY CONTRACTS IN DUBAI

Law No. (26) of 2007 Regulating the Relationship Between Landlords and Tenants in the Emirate of Dubai. This foundational law sets out the legal framework governing landlord-tenant relations and clearly outlines the mutual obligations of the parties, including:

  • The requirement for a written tenancy agreement to formalize the contractual relationship.
  • The tenant’s obligation to pay rent on time.
  • The landlord’s responsibility to carry out major maintenance works, unless otherwise agreed.
  • The tenant’s obligation to use the leased property in accordance with the agreed purpose and maintain it in good condition.

Law No. (33) of 2008 Amending Law No. (26) of 2007

This amending law introduced substantial revisions to the original law, including procedural and regulatory improvements in key areas:

  • Establishing stricter rules on eviction and clearly defining valid grounds for termination.
  • Eliminating the tenant’s obligation to serve 90 days’ notice in case of non-renewal.
  • Regulating rent increases and requiring proper notice prior to any adjustment.
  • Clarifying the jurisdiction and procedures of the Rental Disputes Settlement Centre.

REGULATORY AUTHORITIES INVOLVED IN RENTAL DISPUTE MANAGEMENT

Dubai Land Department (DLD):

The primary governmental authority overseeing the real estate sector in Dubai. It plays a vital role in:

  • Administering the mandatory “Ejari” system for the registration of tenancy contracts, which is a legal prerequisite for enforceability.
  • Ensuring compliance with relevant laws and regulations in all real estate transactions.

Real Estate Regulatory Agency (RERA):

The regulatory arm of the DLD, RERA is tasked with monitoring and organizing the rental sector. Its functions include:

  • Issuing the official Rental Price Index and managing the Rental Increase Calculator.
  • Setting rules for permissible rent adjustments in alignment with market conditions.
  • Promoting transparency and stability in the landlord-tenant relationship.

Rental Disputes Settlement Centre (RDSC / RDC):

The judicial body affiliated with the DLD and established to adjudicate rental disputes. The Centre is distinguished by:

  • Its efficiency in resolving disputes compared to ordinary courts.
  • Specialized judicial committees experienced in tenancy law.
  • Its judgments, once final, being immediately enforceable.

WHAT DOES EXPERT LEGAL REPRESENTATION ENSURE?

  • Full Compliance with Legislation:We ensure that all agreements and procedures strictly adhere to UAE and Dubai regulations, including key tenancy laws such as Law No. 26 of 2007 and its amendments.
  • Risk Prevention:By carefully reviewing your tenancy contracts and flagging any potentially problematic clauses, we help shield you from future disputes.
  • Fair and Efficient Dispute Resolution:With skilled negotiation and representation before the Rental Dispute Settlement Centre (RDSC/RDC), we aim to achieve fair and cost-effective outcomes.
  • Ongoing Legal Protection:Whether you’re a tenant facing unlawful eviction or a landlord seeking rightful rent or property recovery, we vigorously protect your interests every step of the way.

With our in-depth knowledge of Dubai’s real estate laws, we help you move forward with confidence at every stage of your tenancy journey.

LEGAL NOTICE PERIODS IN TENANCY CONTRACTS IN DUBAI

Specialized Legal Representation by FARID&PARTNERS  Legal Consultancy

At FARID&PARTNERS  Legal Group, we provide our clients whether landlords or tenants with precise legal guidance to ensure full compliance with the applicable legislation, including Dubai Tenancy Law under Law No. 26 of 2007 and its amendments through Law No. 33 of 2008.

  1. Eviction During the Contract Term – Notice Under Article 25(1)

The law permits the landlord to request eviction during the term of the tenancy contract only in specific cases where the tenant has breached contractual or legal obligations. These cases include:

  • Non-payment of rentwithin 30 days from receiving a formal payment notice.
  • Violation of contract terms or legal provisionswithout rectification within the legal grace period.
  • Using the property for illegal or immoral purposes.
  • Leaving the property vacant without valid justificationfor more than 30 consecutive or 90 non-consecutive days during the contract period.
  • Making structural changes or dangerous modificationswithout written permission from the landlord or competent authorities.
  • Unjustified suspension of commercial or industrial activity(in commercial leases) for more than 30 consecutive days.
  • A decision by a competent authoritythat the property is unfit for habitation or poses a risk to occupants.

Legal Note:
The tenant must be given a formal written notice with a reasonable opportunity to rectify the breach before legal action is taken. If the breach is not remedied within the notice period, the landlord may proceed with filing an eviction case before the Rental Disputes Settlement Centre (RDSC).

  1. Eviction Upon Contract Expiry – 12-Month Notice Under Article 25(2)

Upon contract expiry, the landlord may choose not to renew the tenancy and may request eviction for objective and lawful reasons, provided that proper notice is given.

These reasons include:

  • The landlord (or a first-degree relative)intends to use the property for personal residence.
  • The landlord intends to sell the propertywith evidence of a genuine intent to do so.
  • The property requires demolition or major renovationthat makes continued occupancy impossible during construction.

Notice Requirements:

  • The notice must be served in writing at least 12 months in advanceof the intended eviction date.
  • The notice must be delivered via Notary Public or registered mailto be legally valid.

Legal Effect:

Failure to comply with the formal and time-based requirements renders the eviction notice invalid, allowing the tenant to reject the eviction and remain in the property. Dubai courts and the RDSC treat these requirements as strictly enforceable.

  1. Contract Amendment or Non-Renewal – 90-Day Notice Under Article 14

If either party particularly the landlord wishes to amend the contract (e.g., increase rent or change terms) or does not wish to renew the contract upon expiry, the law requires:

  • Written notice to be given at least 90 days priorto the end of the contract, unless otherwise agreed.
  • If this notice is not issued within the required period, the contract is automatically renewed under the same terms, and unilateral amendments are prohibited.

FREQUENTLY ASKED QUESTIONS (FAQ)

How does FARID&PARTNERS Legal Consultancy assist with lease agreements?

We draft and review lease agreements to ensure they comply with UAE laws and protect the interests of both landlords and tenants.

How does FARID&PARTNERS Legal Consultancy handle tenancy disputes?

We offer dispute resolution services, including negotiation, mediation, and representation in legal proceedings to resolve conflicts between landlords and tenants.

What is the role of FARID&PARTNERS Legal Consultancy in eviction cases?

We provide legal guidance to ensure that eviction processes comply with UAE laws, minimizing risks for landlords and protecting tenant rights.

Can FARID&PARTNERS Legal Consultancy represent clients in the Rental Disputes Settlement Centre?

Yes, we provide skilled representation in the Rental Disputes Settlement Centre, ensuring that our clients’ interests are fully protected.

How can FARID&PARTNERS Legal Consultancy help landlords and tenants avoid disputes?

We offer proactive legal advice on drafting clear and enforceable tenancy agreements, ensuring that all parties are aware of their rights and obligations, reducing the risk of disputes.

What are the risks in real estate transactions, and how can FARID&PARTNERS Legal Consultancy help?

Common risks include legal disputes, contract breaches, and regulatory issues. We mitigate these risks through careful due diligence, contract review, and dispute resolution strategies.