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Rights of tenants and landlords in Dubai in 2023

Dubai tenant and landlord rights in 2023

It’s critical to understand your rights while renting a property, whether you’re a tenant or a landlord. RERA, Dubai’s real estate regulating organization, has enacted rules such as No. 26 of 2007, No. 33 of 2008, and Decree No. 2 of 2011, which define tenants‘ and landlords‘ duties and obligations.

This simple guide will provide you an excellent introduction to tenant and landlord rights in Dubai in 2023, saving you time.

Frequently Asked Questions by Tenants

Frequently Asked Questions by Tenants

How many cheques are typically required?

Rent is frequently paid in the form of a cheque in Dubai. When discussing the rental, you and the landlord will agree on the number of cheques. The entire rent is then divided by the number of cheques and paid at regular intervals over the rental period.

Typically, there are between one and six cheques every payment. Landlords normally prefer a smaller number of cheques, but depending on your specific situation, your real estate agent can assist you in negotiating this. If paying with a single cheque, the entire rent is due in one lump sum at the beginning of the rental. You would give the landlord 4 main cheques if you were paying with four cheques. One for the first day of the lease and three post-dated cheques spaced out over the duration of the lease at 3-month intervals.

Recent proposals by the Dubai Land Department to allow tenants to pay using online banking rather than cheques in the future would bring Dubai closer to other developed economies across the world.

How can you bargain for a lower price?

The greatest rental rate is typically obtained by paying with a single cheque (a one-time payment for the entire amount). Paying with fewer cheques or a greater down payment should offer you a better bargain because landlords sometimes charge more rent to tenants who prefer to pay with more cheques.

Is it legal for a landlord to demand a security deposit?

Landlords in Dubai have the right to demand a security deposit from a tenant at the start of a lease. When looking for a rental property, you should anticipate this to be virtually always the case. For an unfurnished property, the security deposit is normally 5% of the yearly rent, and for a furnished residence, it is 10% of the annual rent.

The security deposit should be partially or fully refunded to the tenant upon leaving the premises, provided that the property is delivered back to the landlord in good condition at the conclusion of the tenancy.

If anything breaks in the rental during my lease, who is responsible for making repairs?

There is a good chance that anything may break or need maintenance while you are renting a property. In general, the property owner is in charge of upkeep and repairs. However, it is rather typical for rental agreements to specify that the landlord would only pay for significant repairs that cost more than a specific sum. For instance, the landlord may only pay for repairs that cost more than AED 1,000; tenants are responsible for paying for any repairs that are less expensive. Therefore, before signing for a rental property, make sure to examine this in your lease contract.

Are there any provisions in my contract that I may utilize to break it?

Your tenancy agreement’s exact terms and conditions will determine if you have any early termination options. Check your contract to see whether there is an early termination or leave provision. Your landlord could demand payment if you don’t have this. Some contracts have early termination fees that you must pay to your landlord in order to cancel the agreement. In order to guarantee that the option to terminate the contract early is discussed and included in the tenancy agreement, you should address this with your agent before committing to a tenancy.

Can my landlord remove me before the term of my contract is up?

No, your landlord is unable to remove you before the term of your lease has run its course. Your landlord may only give you a 12-month written notice to leave via registered mail or notarized document.

My landlord wishes to raise my rent. How much can they legally raise it?

Yes, your landlord has the authority to raise your rent. This, however, can occur only when your tenancy renews (not at any other time during the tenancy), and the landlord must provide you with 90 days’ written notice prior to the renewal date. In addition, the landlord can only raise the rent by a specified amount, which is determined by the DLD’s Rental Index.

My landlord has not paid the service costs, thus I am unable to utilize the social spaces of my building. What can I do to help?

If your landlord has not paid the service costs, the first step is to call them to clarify the situation. If they do not make the payment, you may be entitled to take legal recourse. Contact the Dubai Rental Disputes Settlement Centre at 600 555 556.

All of the rental properties in which I am interested appear to be in high demand. How can I be confident that if I put a deposit down on a house, no one would undercut me 24 hours later?

Because the Dubai real estate market moves swiftly, it is common to inquire about houses only to discover that they have already been rented. The agency will take a deposit from you once you have found a house that you want to rent and have arranged the tenancy. The property should be reserved for you and withdrawn from the market as soon as your deposit is received. However, to ensure that the rental does not fall through, you should sign a tenancy contract with the landlord as soon as possible to finalize the agreement.

What should you do if your landlord wants you to leave?

What to do if your landlord wants you out
When tenants decide to renew their lease,

When tenants decide to renew their lease, RERA regulations limit how much landlords may raise the rent. This implies that, even if average market rents are rapidly rising, landlords are limited to raising rents by a particular percentage.

Many landlords will realize in 2023 that they can demand a higher rent if they can expel their current tenants and attract new ones. This implies your landlord may attempt to evict you from the property. But what are your legal options if this occurs?

According to Article 25 of Law No. (26) of 2007, a landlord may remove a tenant earlier to the expiration of a rental agreement for only a few extremely restricted circumstances. These are some examples:

  • The renter fails to pay the rent within three days of receiving a written notice from the landlord.
  • The renter sublet the property without the landlord’s permission.
  • The renter utilizes the property for purposes different than those for which it was rented.
  • The property is being utilized for immoral or criminal purposes.
  • The renter causes damage to the property or makes dangerous adjustments to it.
  • The renter violates the conditions of the tenancy or the law.
  • If the government requires the property to be demolished for urban development,

You cannot be evicted during the tenancy unless one of the above conditions is satisfied. At the conclusion of the tenancy, the landlord can only attempt to remove a tenant if:

  • The landlord wants to rebuild or destroy the property.
  • Major repairs or renovations are necessary, which cannot be completed while the renter is there.
  • The landlord want to dispose of the property.
  • The landlord want to live there or have one of their first-degree relatives dwell there.

In all other circumstances, the landlord must provide the tenant written notice of 12 months.

If you believe your landlord is seeking to evict you illegally and have exhausted all communication options, you can submit an RERA complaint with the Dubai Land Department’s Rent Disputes Settlement Centre.

Tips for Moving Your Rental

Tips for Moving Your Rental
Are you renting out your home? Remember these pointers to avoid last-minute difficulties.

1. Pay any overdue invoices. Do you have any outstanding invoices to pay? If you are leaving, you may have a lot of unpaid expenses, such as cleaning costs, DEWA bills, cooling charges, internet fees, and repair fees.

2. Perform a thorough investigation. To receive your security deposit refunded, make sure the property is in excellent condition and you are not obligated to perform any repairs. If you have been living in a completely or partially furnished property, inspect everything for damage and get it repaired if necessary.

3. Clean up before you go. To prevent extra cleaning fees, make sure the house is nice and tidy before you depart. Cleaning and yard maintenance are frequently handled by removal companies.

4. Turn off all utilities. Give local phone, internet, and television service providers enough notice of your leaving so that they can prepare your last bill. Make sure you tell DEWA and receive your utility deposits reimbursed.

5. Take everything you own. Make sure you take all of your possessions with you on move-out day. Check again because landlords are not required to store your belongings after you leave.

See our guide for details on Dubai’s tenancy contract renewal regulations.

Your landlord's rights

While it does not happen very often, some landlords have problems with tenants who do not pay, sublease, or escape.

Our most important piece of advice? Take the time to thoroughly vet the tenant before signing a lease. Ensure that you or a competent real estate agency has met with the tenant and thoroughly vetted them. Gather all identity and financial paperwork. Make sure there is a complete tenancy contract in place that details all agreed-upon terms, including a “no subletting” clause. Then ensure that it is registered with Ejari.

Regarding cheques, if the contract is in the tenant’s name, the cheques must be issued by the tenant. If this is not the case, the landlord should keep the information of the third party that delivers the rent cheques to the tenant on file, as well as a letter certifying the cheques were delivered to the tenant. The landlord should examine the property as soon as the renter moves in to ensure that it has not been rented.

When it comes to evictions, there are extremely strict procedures in place to safeguard both landlords and tenants’ rights. Check out the ‘What to do if your landlord wants you out’ section to learn about the requirements that must be satisfied in order to evict a tenant and how much notice is necessary.

Relevant: Home Renting Tips and Tricks

Top Landlord Suggestions

1. Find a property manager. Even experienced landlords agree that employing a capable property manager is critical to increasing the value of their rental properties. Not only that, but you eliminate all of the problems, such as screening renters, collecting rent, dealing with complaints, and addressing maintenance and repair needs.

2. Treat tenants with kindness. If you opt to lease your property without a property management, make an effort to establish a positive connection with your tenant. If there is reciprocal respect, your renter is more likely to take better care of your property, which is beneficial to your long-term investment.

3. Understand the law. Thinking of increasing the rent or evicting a difficult tenant? Not so quickly. Under Dubai law, landlords have both rights and duties. Understanding your duties as a landlord will help you protect yourself and your rented property.

4. Read the contract carefully. Check that the tenancy agreement is clear. It should, for example, identify which maintenance and repair requests you are accountable for. If you believe the renter is requesting maintenance that is not covered by the lease, send them back to the contract.

5. File a complaint for a rental dispute. Consider launching a case if you have tried all other alternatives, including meeting with your renter to figure out a solution to any problems that emerge. The Rental Dispute Centre works with both landlords and renters to find a solution that works for all sides.

AR

AR is a word at heart, despite being a minimalist at heart. He is always looking for new topics to write about.

This Blog is provided solely for educational reasons, including broad information and a general comprehension of its content, including related laws and regulations, and is not intended to give particular legal advice. The Blog is not intended to replace competent advice from a registered expert.

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