There are several laws that have been set by RERA regarding the renting of property. It is based on laws of relationship between the landlord and the tenant. They outline all the responsibilities of the party and their roles to avoid any misunderstandings and disputes.
Terms of tenancy contract
- The only article that has been amended according to law number 33 is of 2008. It states that all the contracts of tenancy or amendments such as those of the tenancy contracts need to be registered with RERA.
- In article six, it is stated that if the contract expires, the property will be continued to be occupied by the tenant and the landlord cannot have any objection towards it. The contract will also be renewed, being based on the same term for another one year. Depends on the fact which contract is shorter on the similar terms.
- In article fourteen, it is said that there should be a ninety-day period of notice before the expiration of the contract for both the parties.
- If the landlord dies, according to article twenty-seven, the contract does not expire. The heirs will be the one in contact for the contract and the termination will only come into effect after thirty days of notification to the landlord.
- It is stated in article twenty-eight that the property’s ownership to another owner, does not have any effect on the fact regarding the rights of the tenant in occupying the property.
Increase in Rent
- If there is a plan that the landlord wants to increase the rent, he must do so according to the calculations done by RERA. Moreover, a ninety-day notice period should be given for the renewal of the contract.
- The tenant has the right to either accept the increase or refuse the increase. It should all be under the condition that the property’s renewal date should be given at least sixty days before the tenants are vacated.
Obligations of the Landlord
- It is an obligation to the landlord that he should be handing over the property to the tenant. He should be able to use it as it is stated in the contract.
- And as stated in article number sixteen, unless it is agreed upon by both the properties, the landlord should be responsible for the property’s maintenance work. If it is ever required.
- Other than that, it is stated in article seventeen that the landlord is not allowed to make any changes to the property as intended by the tenant.
- If there is any defect, damage or wear to the property, it is the responsibility of the landlord to not blame the tenant for any of it.
Obligations of the Tenant
- In article number nineteen, it is stated that there should not be any changes made by the tenant when it comes to the restoration and maintenance of the property. Until and unless it has been stated by the landlord and the required licenses have been obtained.
- It is stated in article twenty-one that if the contract of Tenancy expires, one must surrender all the possessions of the property to the landlord. They should all be returned in the same condition as received. Any damages caused, or if there are any disputes, the matter should be sent to the Tribunal. Although minor damages are acceptable.
- It is stated in article twenty-two that the tenant is required to pay up all the fees and all the taxes of the government. All that he is entitled to pay for using the property as prescribed.
- The tenant is not obliged to remove any of the holds on the lease, unless agreed upon by both the parties. This has been mentioned in article number twenty-three.
Cases of Eviction
Following cases give the landlord the right to evict the tenant.
Before the Tenancy Contract is expired:
- Tenant fails to pay the Rent or any part thereof within 30 days after the date a Notice to pay is given to the Tenant by the Landlord unless otherwise agreed by the parties.
- Tenant sub-lets the property or any part thereof without obtaining the landlord’s approval in writing. In this case, the eviction will apply to both the tenant and subtenant.
- Tenant uses the property or allows others to use it for any illegal purpose or for a purpose which breaches public order or morals.
- Tenant of commercial property leaves the property unoccupied for no valid reason for 30 consecutive days or 90 non-consecutive days within the same year, unless agreed otherwise by both parties.
- Tenant makes a change to the property that renders it unsafe in a manner that makes it impossible to restore the Real Property to its original state, or damages the property willfully or through gross negligence, by failing to exercise due diligence, or by allowing others to cause such damage.
- Tenant uses the property for a purpose other than that for which it was leased, or uses it in a manner that violates planning, construction, and use-of-land regulations in force in the Emirate.
- Property is condemned, provided that the landlord must prove this by a technical report issued by or attested by Dubai Municipality.
- Tenant fails to observe any obligation imposed on him by this Law or any of the terms of the tenancy contract within 30 days from the date a notice to perform such obligation or term is served upon him by the landlord.
- When competent government entities require demolition or reconstruction of the property as per urban development requirements in the Emirate.
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*The landlord will give notice to the tenant through a Notary Public or registered post.
If there is ever a dispute and both the tenant and the landlord are unable to reach up to a solution, either of the parties has the right to file a case. They can file it at the Rent Disputes Settlement Centre at Dubai Land Department.