The Rights of Landlords in Dubai

Dubai, a bustling hub for rental accommodations, is a city where understanding the dynamics of landlord and tenant rights can make a significant difference in the rental experience. This article aims to provide a comprehensive understanding of the rights of landlords in Dubai, a crucial aspect often overlooked amidst the city’s fast-paced real estate transactions. These rights, regulated by the Real Estate Regulatory Agency (RERA) in Dubai, not only oversee real estate transactions in the Emirate but also serve as a cornerstone for maintaining a balanced and fair rental market. By understanding these rights, landlords can ensure a smoother rental process, avoid potential disputes, and contribute to a more harmonious landlord-tenant relationship.

Landlord Rights in Dubai

When considering renting in Dubai, it’s crucial for tenants to understand their responsibilities towards the landlord. Both parties must register the contract with Ejari, a system that safeguards their rights and helps avoid potential disputes. Landlords, in particular, need to be aware of their legal rights and responsibilities under real estate laws.

It’s advisable for them to seek professional advice when needed to ensure they comply with the RERA tenancy law and avoid any legal issues. The following are the key legal rights of a landlord in Dubai, as per the tenancy laws. Every tenant should be aware of these when moving into a rented property:

Right to Rental Income

Landlords are entitled to receive rent payments from tenants as per the terms and conditions stipulated in the lease agreement. Tenants are also obligated to pay utilities such as electricity, water, and gas on time. Tenants are not allowed to make any modifications to the property without the landlord’s approval.

It is important for landlords to establish clear payment terms and communicate them to their tenants from the beginning of the tenancy. This will help ensure a smooth payment process and avoid any misunderstandings or delays. According to RERA law, if the current rent is 11 to 20% less than the average rent in the Emirate, the landlord can increase the rent by 5%. However, the rent increase for different properties will be calculated using the RERA Rent calculator. The landlord can also increase the rent upon lease renewal, provided they notify the tenants 90 days in advance in written form.

Right to Eviction

In Dubai, landlords have the right to evict tenants under specific circumstances as per Law No. 26 of 2007, as amended by Law No. 33 of 2008. One of the primary reasons for eviction is the violation of the tenancy agreement by the tenants. If tenants fail to pay the rent within thirty days of notice, under Articles No. 25 and 26, the landlord can issue a tenancy eviction notice.

Other reasons that might lead to an eviction notice include damage to the rental property, unauthorized sub-leasing, misuse of the property, potential property collapse, illegal or immoral activities, or use of the property for purposes other than its intended use.

A landlord can also issue an eviction notice if the property is to be demolished or renovated for urban development. If the maintenance or changes in the property cannot be carried out while the tenants are living there, they will receive an eviction notice. However, a landlord cannot issue an eviction notice upon the expiration of the lease agreement unless the property is to be renovated/demolished or to be used by the landlord themselves or their immediate relatives.

It’s important to note that the eviction process must be carried out in accordance with the laws and regulations set by the Real Estate Regulatory Agency (RERA) in Dubai. If a landlord wishes to evict a tenant, they must provide a valid reason and give the tenant a written notice at least 12 months in advance.

Right to Withhold Security Deposit

In Dubai, the security deposit is a crucial aspect of renting a property. Landlords or their authorized representatives are legally allowed to collect security deposits from tenants at the beginning of the lease. These deposits are intended to cover any necessary maintenance expenses upon the termination of the lease period.

Landlords have the right to withhold this security deposit if the tenant breaches the tenancy agreement. This includes damage to the property or non-payment of rent. A landlord can also deduct from the deposit if the repairs requested by the tenants are not completed on time. Therefore, to receive a security deposit refund from the landlord, the tenants must adhere to the tenancy contract, pay attention to inspection conducts, pay the bills, and pay attention to minor details such as moving the furniture or painting walls.

However, it’s important to note that the landlord cannot arbitrarily withhold the security deposit. The deductions should be justified and correspond to actual costs incurred by the landlord. For instance, if the tenant has caused damage to the property, the landlord can use the security deposit to cover the repair costs.

Please note that the right to withhold the security deposit can be subject to specific conditions and limitations outlined in the Dubai rental laws and regulations. It is advisable for landlords to familiarize themselves with these laws and seek legal advice if needed to ensure compliance and protect their rights.

Right to Inspection

One of the significant legal rights of a landlord in Dubai is the right to inspect the property. This right allows landlords to check the property’s condition and identify any damage or maintenance issues that must be addressed. Before conducting an inspection, the landlord must provide a written notice to the tenant 24 hours in advance. This ensures that the tenant’s right to enjoy the home in peace and quiet throughout their tenure is respected.

Property inspections in Dubai and other cities are conducted to ensure property maintenance and adherence to the tenancy agreement. The tenancy agreement should specify the notice period, which is typically at least 24 hours. This practice helps maintain a good landlord-tenant relationship and ensures that the property is well-maintained and adheres to the terms of the tenancy agreement.

Please note that the right to inspection can be subject to specific conditions and limitations outlined in the Dubai rental laws and regulations. It is advisable for landlords to familiarize themselves with these laws and seek legal advice if needed to ensure compliance and protect their rights.

Right to Terminate Tenancy Agreement

In Dubai, landlords have the right to terminate the tenancy agreement under certain conditions. One of these conditions includes damage to the property by the tenants. According to Article 14 of the Dubai Rental Law, if the landlord wishes to terminate or change the tenancy contract, they must give written notice to the tenant at least 90 days before the contract expires. However, if the landlord wants to end the tenancy agreement early, they are required to serve a 12-month written notice.

To end a tenancy contract in Dubai, RERA has set a specific set of rules. Both the landlord and the tenant must agree to the contract termination. In case of the demise of either party, the agreement is transferred to the heir of the party. It can only be terminated on the heir’s approval.

However, it’s important to note that one party (tenant or landlord) cannot terminate the contract during the contractual period. It must be mutually agreed upon unless specified otherwise in the contract. In case it is not, the landlord can demand payment of a penalty for early termination of the contract.

The rights of a landlord must be fulfilled for a healthy tenant-landlord relationship. These practices help to resolve conflicts between the two parties and ensure a smooth rental process.

Please note that the right to terminate the tenancy agreement can be subject to specific conditions and limitations outlined in the Dubai rental laws and regulations. It is advisable for landlords to familiarize themselves with these laws and seek legal advice if needed to ensure compliance and protect their rights.

Responsibilities of a Landlord in Dubai

In addition to the rights mentioned above, landlords also have certain responsibilities. These include

• maintaining the property before the tenants move in
• ensuring the wear and tear maintenance of the property while the tenants are living there
• returning the security deposit upon lease completion if the tenants have left the property in satisfactory condition
• providing check-in and check-out reports to the tenants
• ensuring a safe environment for the tenants

Conclusion

This concludes our discussion on the rights and responsibilities of landlords in Dubai. It’s essential for tenants to be aware of these rights when renting an apartment or a house in Dubai. If you’re planning to rent a property in the Emirates, be sure to avoid landlords who don’t respect these rights for a positive renting experience.

Stay tuned to the homefinder.global real estate blog for more information on tenancy rules, agreements, and rights.