Overview of RERA and Dubai Tenancy Law
Dubai has a well-established regulatory framework for landlord-tenant relationships, with the Real Estate Regulatory Agency (RERA) playing a central role in ensuring compliance with the Law. RERA is a regulatory branch of the Dubai Land Department that is responsible for regulating and supervising the real estate sector in Dubai.
Law No governs Dubai’s tenancy law. (26) of 2007, which lays the foundation for landlord-tenant relationships in Dubai. Law No amended this Law. (33) of 2008, which introduced specific articles related to tenancy contracts.
Some key points to keep in mind regarding Dubai’s tenancy law are:
- Landlords and tenants must comply with RERA regulations and the Landlords and Tenants Law in the Emirate of Dubai.
- Tenants must make rental payments on the due date and can only perform maintenance, restoration, or changes to the property if the landlord permits.
- The landlord must authenticate the lease contract at RERA and present the documents and tenant information for each contract (lease or renewal).
- To make sure the unit is not rented out twice, the landlord or tenant must use Ejari to register the tenancy agreement with the Real Estate Regulatory Agency (RERA).
- If a tenancy contract in Dubai expires and the tenant continues to live, the contract will be deemed renewed for the same period and under the same terms and conditions.
- The landlord can only increase the rent during the tenancy period if the contract explicitly allows it.
- If the landlord wants to evict the tenant, they must provide them written notice at least 12 months in advance of the end of the tenancy.
In summary, Dubai’s tenancy law is well-regulated by RERA, and tenants and landlords must comply with the Law’s requirements to avoid any legal issues.
Rights and Responsibilities
Landlord Obligations and Rights
Landlords in Dubai have specific obligations and rights under the RERA tenancy law. Here are some of the key points to keep in mind:
- The lease agreement must be registered by the landlord with Ejari, an online registration platform that formally acknowledges the tenancy and safeguards the rights of the tenant.
- The landlord must provide the tenant with a copy of the registered lease agreement.
- The landlord can only increase the rent during the first two years of the tenancy agreement if the contract includes a clause specifying the increase.
- The landlord must ensure that the property is in good condition and meets the required standards for safety and hygiene.
- The landlord is responsible for making necessary repairs to the property during the tenancy period.
Tenant Obligations and Rights
Tenants in Dubai also have specific obligations and rights under the RERA tenancy law. Here are some of the key points to keep in mind:
- In Dubai, the renter is required to pay the rent by the deadline.
- Only with the landlord’s permission may the renter make repairs, maintenance, or modifications to the property.
- The tenant must use the property for the purpose specified in the lease agreement and cannot sublet the property without the landlord’s permission.
- With the exception of normal wear and tear, the tenant is required to restore the property to the landlord in the same condition as when the lease began.
- The tenant must return the property to the landlord in the same condition that it was in at the beginning of the lease, with the exception of natural wear and tear.
In general, the RERA Dubai tenancy legislation makes sure that both renters and landlords are aware of their obligations. Both parties can prevent disagreements and guarantee a trouble-free leasing experience by adhering to the legal requirements.
Tenancy Contracts
A tenancy contract, which specifies the conditions of the tenancy agreement, is an essential document for renting a house in Dubai. To guarantee that tenancy agreements are reasonable and clear for both landlords and tenants, the Real Estate Regulatory Agency (RERA) has created guidelines.
Contract Formation and Requirements
A tenancy contract is created when the landlord and tenant reach a mutual understanding regarding the parameters of the lease, such as the length of the lease period, the rent amount and schedule, and any other requirements. The agreement needs to be filed with Ejari, a government database that keeps track of lease agreements in Dubai.
According to RERA tenancy contract rules, the following information must be included in the contract:
- The tenant’s and landlord’s names and contact details
- The property address and description
- The rent amount and payment schedule
- The lease term and renewal options
- Any restrictions or conditions, such as pet policies or smoking bans
Renewal and Termination
Tenancy contracts in Dubai typically have a fixed term, usually one year. Before the end of the lease term, the landlord and tenant can agree to renew the contract for another term. If the parties cannot agree on the renewal terms, they may seek mediation or arbitration through RERA.
If either party wishes to terminate the tenancy contract before the end of the lease term, they must provide notice in writing. The notice period depends on the contract terms and the reason for termination.
Rental Increases and Adjustments
RERA tenancy contract requirements govern rental increases and adjustments. Landlords can increase the rent by up to 20% if the property’s rent is below the average market rent for similar properties in the same area. The landlord and tenant must agree upon any rental increase, which must be documented in writing.
If the landlord wishes to increase the rent by more than 20%, they must seek approval from RERA. The landlord must provide evidence to justify the increase, such as an increase in property value or improvements to the property.
To sum up, tenancy agreements are crucial legal frameworks that safeguard the interests of both landlords and tenants. Landlords and renters can make sure that their rights are upheld and that their tenancy agreement is just and transparent by following the RERA tenancy contract regulations and standards.
Financial Aspects of Tenancy
Security Deposits and Fees
Tenants in Dubai must give their landlord a security deposit when renting a property. The security deposit is typically kept by the landlord as insurance against any damages or unpaid rent, and it is typically equal to one month’s rent. If the property is in the same condition as when the tenant moved in, the landlord is required by RERA Dubai Tenancy Law to return the security deposit to the tenant within 14 days of the end of the tenancy.
In addition to the security deposit, tenants may be required to pay other fees such as agency, maintenance, and DEWA (Dubai Electricity and Water Authority) connection fees. Tenants should be aware of these fees and factor them into their budget when considering a property.
Rent Payments and Receipts
Rent payments in Dubai must be made promptly according to RERA Dubai Tenancy Law. The tenant must pay the rent on the due date specified in the tenancy contract. Failure to pay rent on time can result in penalties and legal action. It is recommended that tenants keep a record of their rent payments and request a receipt from their landlord as proof of payment.
Taxes and Service Charges
Tenants should know any taxes and service charges associated with their rental property. According to RERA Dubai Tenancy Law, landlords are responsible for paying property taxes, while tenants pay service charges such as maintenance and DEWA bills. Tenants should review their tenancy contract to understand their financial responsibilities and ensure they are not being charged for any fees that are not their responsibility.
- Tenants must pay a security deposit equivalent to one month’s rent.
- Other fees, such as agency, maintenance, and DEWA connection, may also apply.
- Tenants are required to pay rent on time and maintain a record of their payments.
- Tenants are responsible for paying service charges such as maintenance fees and DEWA bills.
- Landlords are responsible for paying property taxes.
Maintenance and Repairs
Regarding maintenance and repairs, tenants and landlords have certain obligations under the RERA Dubai Tenancy Law. Here are some crucial points to keep in mind:
- Tenant is in charge of keeping the rental in excellent working order, which includes doing little repairs like changing lightbulbs and sealing any leaks in addition to keeping the place neat and orderly.
- At the beginning of the tenancy, the landlord is in charge of making sure the property is in excellent condition and suitable for habitation. This entails making certain that every plumbing, electrical, and other system functions properly.
- The tenant must report any damage or defects to the landlord immediately. Failure to do so could result in the tenant being held responsible for the cost of repairs.
- Normal wear and tear is the landlord’s, not the tenant’s, duty. However, the tenant can be responsible for the expense of repairs if they cause damage above and beyond standard wear and use.
- If the tenant wishes to carry out any leasehold improvements, such as installing new fixtures or fittings, they must obtain the landlord’s permission in writing.
- The landlord is responsible for significant repairs or maintenance, such as replacing a broken boiler or fixing a leaky roof. However, the tenant must allow the landlord access to the property for these repairs.
By understanding their respective obligations and responsibilities, tenants and landlords can ensure that the property remains in good condition throughout the tenancy.
Dispute Resolution
Regarding rental disputes, the RERA Dubai Tenancy Law provides several mechanisms for dispute resolution. These mechanisms ensure that landlords and tenants are protected and that conflicts are resolved fairly and timely. This section will cover the three main mechanisms for dispute resolution under the RERA Dubai Tenancy Law.
Rental Dispute Settlement Centre
The Rental Dispute Settlement Centre (RDC) is a specialized judicial system that deals with rental disputes and conciliation procedures. It was established in 2013 as the judicial arm of the Dubai Land Department (DLD) and has exclusive jurisdiction over rental conflicts between landlords and tenants. The RDC aims to improve dispute resolution procedures swiftly and straightforwardly. Its objective is to achieve social and economic stability in the real estate sector.
To file a rental dispute in Dubai at the RDC, the tenant must provide the following documents:
- Ejari tenancy contract and certificate
- Latest DEWA bill
- Title deed and passport of the landlord (original and copy)
- Tenant’s passport and visa copy
Once the documents are submitted, the RDC will review the case and schedule a hearing. Both parties will have the opportunity to present their cases during the hearing, and the RDC will render a decision in light of the information that was submitted.
Eviction and Legal Proceedings
Landlords may evict renters under the RERA Dubai Tenancy Law in specific situations, such as when they fail to pay rent or violate the terms of the lease. On the other hand, landlords cannot evict a tenant until they have followed certain protocols.
Article 19 of the RERA Dubai Tenancy Law states that a landlord must provide written notice to the tenant before initiating legal proceedings. The notice must state the reason for the eviction and give the tenant a minimum of 30 days to rectify the situation. The landlord can initiate legal proceedings if the tenant fails to fix the problem.
Article 21 of the RERA Dubai Tenancy Law states that the landlord must file a case with the RDC if the tenant disputes the eviction. After reviewing the matter, the RDC will render a decision based on the evidence that was submitted.
Special Tribunal for Rental Disputes
The Special Tribunal for Rental Disputes is a specialized court that deals with rental disputes in Dubai. The tribunal has jurisdiction over disputes between landlords and tenants and conflicts between tenants. It also has the authority to hear appeals from the RDC.
The tribunal is established under Article 15 of the RERA Dubai Tenancy Law and consists of judges appointed by the Dubai Ruler. The tribunal can issue judgments, orders, and decrees, and its decisions are final and binding.
In conclusion, the RERA Dubai Tenancy Law provides several mechanisms for dispute resolution, including the Rental Dispute Settlement Centre, eviction and legal proceedings, and the Special Tribunal for Rental Disputes. These procedures are meant to safeguard both landlords and tenants and make sure that disagreements are settled quickly and fairly.
Regulations and Legal Framework
Decrees and Amendments
RERA Dubai Tenancy Law is a legal framework that regulates the landlord-tenant relationship in the Emirate of Dubai. It is governed by several decrees and amendments, including Dubai Law No. (26) of 2007, Dubai Law No. (33) of 2008, Decree No. (26) of 2013, and Decree No. (43) of 2013.
- Dubai Law No. (26) of 2007: This Law lays the foundation for the landlord-tenant relationship in Dubai. It delineates the respective rights and obligations of the parties involved and institutes protocols for resolving disagreements.
- Dubai Law No. (33) of 2008: This Law amends specific articles of Law No. (26) of 2007 introduces new provisions to regulate the relationship between landlords and tenants.
- Decree No. (26) of 2013: This decree regulates the registration of tenancy contracts in Dubai and makes it mandatory for landlords to register all tenancy contracts with RERA.
- Decree No. (43) of 2013: This decree regulates the fees and fines for violations of the tenancy law in Dubai.
Registration and Compliance
To comply with RERA Dubai Tenancy Law, landlords and tenants must register their contracts with RERA. This registration process is mandatory and must be completed within 60 days of signing the tenancy contract. Failure to register the tenancy contract can result in fines and other penalties.
- Landlords must comply with RERA regulations and Dubai Law No. (26) of 2007, which outlines the rights and obligations of both parties.
- Tenants are required by Dubai Law No. (26) of 2007 to keep the property in excellent condition and pay rent on time.
- Landlords and tenants must comply with Decree No. (43) of 2013, which regulates the fees and fines for violations of the tenancy law in Dubai.
In summary, the RERA Dubai Tenancy Law is a legal framework that regulates the landlord-tenant relationship in the Emirate of Dubai. A number of decrees and revisions, such as Decree No. (26) of 2013, Decree No. (43) of 2013, Dubai Law No. (26) of 2007, and Decree No. (33) of 2008, regulate it. Landlords and tenants must register their tenancy agreements with RERA and adhere to all applicable rules and legislation in order to comply with the law.
Additional Considerations
Alterations and Improvements
Tenants must only make alterations or improvements to the property by obtaining written permission from the landlord. Any alterations or modifications made without permission may result in legal action against the tenant. Moreover, tenants must ensure that any alterations or improvements do not violate the RERA tenancy contract rules.
Notices and Communication
All notices and communication between the landlord and tenant must be in writing. This includes any notice of termination or renewal of the tenancy contract. The notice must be delivered to the other party in person or by registered mail. It is essential to keep copies of all notices and communication for future reference.
Use for Trade or Profession
Tenants must not use the property for any commercial or professional purposes unless they have obtained written permission from the landlord. This includes using the property as an office or for other business activities. Legal action may be taken against the tenant if it is discovered that they are utilizing the property without authorization for business or professional activities.
In summary, tenants must obtain written permission from the landlord before making any alterations or improvements to the property. All notices and communication must be in writing, and tenants must only use the property for commercial or professional purposes by obtaining the landlord’s written permission. Tenants who abide by these guidelines can stay out of trouble with the law and keep good ties with their landlord.
Dubai MLS
Revolutionizing property discovery, we seamlessly integrate technology, insights, and a thriving community, empowering individuals to make informed real estate decisions. Learn more by clicking here.
Frequently Asked Questions
What are the conditions for a landlord to terminate a tenancy contract under RERA?
According to RERA Dubai Tenancy Law, landlords can terminate a tenancy contract under the following conditions:
- Non-payment of rent for 30 consecutive days
- Using the property for illegal activities
- Damaging the property intentionally
- Subletting the property without the landlord’s permission
- Violating any other terms and conditions mentioned in the tenancy contract
How does RERA in Dubai regulate rent increases?
RERA has set guidelines for rent increases in Dubai. As per the Law, landlords can increase the rent only once a year, which can be a maximum of 20% of the existing rent. The increase is calculated based on the average rental index of similar properties in the same area.
Where can I find a comprehensive PDF of RERA’s rules and regulations?
The official website of the Dubai Land Department has a comprehensive PDF of RERA’s rules and regulations. The PDF contains all the necessary information regarding tenancy laws, the rights and obligations of landlords and tenants, dispute resolution procedures, and more.
What are the recent amendments to Dubai’s rental laws?
In 2020, Dubai’s rental laws were amended to provide more protection to tenants. The amendments include:
- A reduction in the maximum security deposit from 10% to 5% of the annual rent
- The landlord cannot evict a tenant without a court order
- The tenant can terminate the contract without penalty if the landlord fails to carry out repairs within 15 days of receiving written notice
- The landlord must provide a written notice of rent increase at least 90 days before the end of the tenancy contract
Can you explain Article 7 of the RERA tenancy law?
Article 7 of the RERA tenancy law states that the landlord must provide the tenant with a copy of the tenancy contract within ten days of signing it. The contract must include all the terms and conditions agreed upon by both parties, including the rent amount, payment due date, and contract duration.
What does Article 14 of RERA stipulate regarding rental agreements?
Article 14 of RERA stipulates that rental agreements must be registered with the Ejari system. Ejari is an online program developed by RERA that records tenancy contracts for all types of property in the Emirate of Dubai. The registration process ensures that the rental agreement is legally binding and protects the rights of both the landlord and the tenant.
Overall, tenants and landlords in Dubai must familiarize themselves with RERA’s tenancy laws to ensure a smooth and hassle-free rental experience.
