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RERA rental property laws: everything you need to know

In order to prevent disagreements and misunderstandings when it comes to renting property in Dubai, the Real Estate Regulatory Agency (RERA) has established clear regulations that govern the relationship between the landlord and the renter and specify each party’s tasks and obligations.

RERA rental property laws: everything you need to know

Tenancy agreement terms

  • In Law No. 33 of 2008, only Article 4 has undergone amendments. It specifies that all tenancy agreements and any modifications to them must be recorded with RERA.
  • According to Article 6, if the tenant continues to occupy the property after the contract ends without the landlord objecting, the agreement will be extended for the same length, or for a term of one year, whichever is shorter, and on the same conditions.
  • Article 14 gives both parties a 90-day notice window before the contract expires to change any conditions.
  • The lease agreement does not end upon the passing of either the landlord or the tenant, according to Article 27. Unless the tenant’s heirs decide to end the connection, the contract is still in existence with them as long as the landlord is notified at least 30 days before the termination takes effect.
  • According to Article 28, the tenant’s right to continue residing on the property is unaffected by the property’s ownership changing hands.

 

Rental price rise

  • When renewing the lease, the landlord must provide the tenant a 90-day notice period and adjust the yearly rent in accordance with the Rera calculator.
  • If the tenant decides to reject the increase, they must provide the landlord 60 days’ notice before the renewal date in order to quit the property.

 

Duties of the landlord

  • The tenant is entitled to full use of the property as specified in the lease agreement, and the landlord is required to provide the property in good condition.
  • According to Article 16, unless the parties specifically agree differently, the landlord shall be in charge of performing maintenance tasks on the property and fixing any flaws or damage over the length of the contract.
  • According to Article 17, the landlord is prohibited from making any alterations to the property that would limit the tenant’s ability to utilize it completely as intended.
  • Any flaw, damage, shortcoming, or wear-and-tear to the property that doesn’t result from the tenant’s negligence will be the landlord’s responsibility.

 

The duties of the tenant

  • According to Article 19, the tenant is not entitled to make any alterations or perform any repair or maintenance work on the property until the landlord gives the tenant permission and after the tenant has obtained the necessary licenses from the relevant official bodies.
  • Article 21 states that, with the exception of normal wear and tear or damage brought on by events beyond the Tenant’s control, the Tenant shall deliver to the Landlord possession of the Real Property at the end of the term of the Tenancy Contract in the same condition in which the Tenant received it at the time of the Tenancy Contract. If there is a disagreement between the two parties, the Tribunal must be asked to make a ruling on this subject.
  • According to Article 22, unless the rental agreement specifies otherwise, the tenant is responsible for paying all taxes and fees owed to government agencies for the use of the property, as well as any fees or taxes imposed for any sublease.
  • According to Article 23, the renter is not permitted to take any leasehold improvements he made after taking possession of the property, unless the parties have agreed differently.

 

Instances of eviction

In accordance with Article 25, the following circumstances give the landlord the authority to remove the tenant:

Before the tenancy agreement expires:

  • Unless the parties have agreed differently, the tenant fails to pay the rent or any portion of it within 30 days of the date on which the landlord gives the tenant a notice to pay.
  • Tenant sublets the property or any portion of it without the landlord’s express written consent. Both the tenant and the subtenant will be subject to eviction in this situation.
  • Tenant utilizes the property or permits others to use it for any illegal activity or for an activity that violates morality or public order.
  • Unless both parties agree differently, a commercial tenant is not permitted to vacate the property for a period of 30 consecutive days or 90 non-consecutive days within the same year.
  • The real estate is damaged intentionally, via gross carelessness, by neglecting to exercise due diligence, or by permitting others to do so. Tenant also makes changes to the property that make it hazardous and make it hard to restore it to its former state.
  • The tenant either utilizes the property for a purpose different than the one for which it was rented or does so in a way that goes against Emirate planning, building, and land use laws.
  • Property is condemned, however the landlord must present technical documentation to support this claim, such as a report issued by or verified by Dubai Municipality.
  • Within 30 days of the date a notice to execute such duty or term was served upon him by the landlord, the tenant fails to comply with any requirement imposed on him by this Law or any provision of the rental agreement.
  • when the property must be demolished or rebuilt in order to meet the Emirate’s objectives for urban development

*The landlord will give the renter notice by registered mail or a Notary Public.

 

Upon the tenancy agreement’s expiration:

  • If the necessary licenses are obtained from the relevant organizations, the property owner desires to demolish it in order to rebuild it or to add any new projects that would restrict the renter from using it.
  • If the state of the property is confirmed by a technical report produced by or attested by Dubai Municipality, the property is in need of extensive restoration or maintenance that cannot be done in the tenant’s presence.
  • If the owner of the property can demonstrate that he does not already own another property suitable for such use, he may take ownership of the property for his own use or the use of any of his first-degree relatives.
  • where the leased real property is to be sold by the property owner.

Note: In accordance with Article 26, the landlord may not rent the property to a third party before at least two years have passed from the day the tenant vacates it if he declares that he wants the tenant to leave the property after the contract has expired and says he needs it for personal use.

*The landlord must provide the tenant notice of the grounds for eviction twelve months before the date scheduled for eviction, provided that this notice is sent through registered mail or a Notary Public.

 

Resolutions of disputes

Either party has the right to submit a complaint case at the Rent Disputes Settlement Center at the Dubai Land Department when a dispute occurs and the landlord and tenant are unable to come to an agreement.

In accordance with Article 34, the landlord is not permitted to interrupt the tenant’s usage of the property in any way or disconnect services from the property. If this occurs, the renter may go to the police station whose jurisdiction the property is under to seek redress for the violation or to report the infraction to the police.

More Blogs:

RERA Forms in Dubai: A Guide

How to Get Ejari and What Is It?

Dubai Tenancy Contract Renewal Processes

Getting the Basics of UAE Mortgage Laws

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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