Part V — Tenancy & Management
Tenancy Law — Landlords, Tenants & Eviction
The landlord–tenant rulebook — Law 26/2007 as amended by Law 33/2008 — contract registration, renewal and notice periods, both eviction lists, and the tenant protections every broker must recite.
More brokers work in leasing than in sales, and tenancy generates more disputes than any other area. The rulebook is Law No. 26 of 2007, as amended by Law No. 33 of 2008 — and the amendments matter, because several widely “known” rules changed in 2008. This chapter gives you the law as it actually stands.
A contract by which the Landlord is bound to allow the Tenant use of the real property for a specific purpose, over a specific term, and in return for a specific consideration (the Rent) (Art. 2). The law covers property leased for accommodation or business, including vacant and agricultural land — but excludes property provided free of rent by employers to their employees (Art. 3, as amended).
The contract must be written and registered
Article 4: the relationship is regulated by a Tenancy Contract describing the property, purpose, term, rent, payment method, and the owner’s name — “in a manner allowing no room for uncertainty.” And crucially: all tenancy contracts and their amendments must be registered with RERA. In practice this registration is done through the Ejari system (Chapter 12). An unregistered lease cannot be taken to the authorities — government bodies and the judiciary will not act on it.
Term, renewal and the 90-day rule
- Term must be specified (Art. 5); if it is not provable, the contract is deemed valid for the rent-payment period.
- Automatic renewal (Art. 6): if the term expires and the tenant stays without objection from the landlord, the lease renews on the same terms for the same period or one year, whichever is shorter.
- No unilateral termination (Art. 7): a valid lease cannot be terminated during its term by either party alone — only by mutual consent or as the law allows.
- The 90-day rule (Arts. 13–14, as amended): to amend any term or revise the rent at renewal, a party must notify the other at least 90 days before expiry (unless agreed otherwise). No agreement → the Tribunal/Centre sets the fair rent using RERA’s criteria.
- Rent unspecified? The rent is that of similar property, as determined using the RERA rent-increase criteria and market factors (Art. 9, as amended).
- Payment default rule (Art. 12): no agreed payment dates → rent is paid in four equal advance instalments per year.
Obligations — landlord vs tenant
| Landlord must (Arts. 15–18) | Tenant must (Arts. 19–24) |
|---|---|
| Hand over the property in good condition (may agree to let an unfinished property with completion terms stated — 2008 amendment) | Pay rent on time; maintain the property like an ordinary owner would |
| Carry out maintenance and repairs during the term (unless agreed otherwise) | Not alter/restore without the landlord’s permission and official licences |
| Not make changes preventing the tenant’s full use; liable for defects and wear not caused by the tenant | Return the property in the same condition except ordinary wear and tear |
| Provide approvals the tenant needs for permitted decoration works | Pay government fees/taxes for use, and any sub-lease taxes (unless agreed otherwise) |
| Refund the security deposit (or its remainder) at expiry (Art. 20) | Not assign or sub-let without written consent (Art. 24); leave improvements behind unless agreed (Art. 23) |
And a protection with teeth: the landlord may not disconnect services or disturb the tenant’s use — the tenant can go straight to the police and then claim damages (Art. 34).
Eviction — the two lists (Art. 25, as amended)
The exam’s favourite tenancy question. Learn the two lists and their notice rules separately.
During the term — eviction only for tenant fault, with notice through a Notary Public or registered post:
- non-payment within 30 days of a notice to pay;
- sub-letting without written approval (sub-tenant evicted too, but can claim compensation from the tenant);
- illegal / immoral use;
- commercial property left unoccupied for 30 consecutive or 90 non-consecutive days in a year (2008 addition);
- damage or unsafe alteration, wilful or grossly negligent;
- use contrary to the permitted purpose or planning rules;
- the property is condemned (proved by a Dubai Municipality-attested technical report);
- breach of any legal/contractual obligation not remedied within 30 days of notice;
- government-required demolition for urban development.
At expiry — eviction only for the landlord’s four reasons, each requiring 12 months’ notice via Notary Public or registered post (the 2008 amendment — it was 90 days under the original law):
- demolition/reconstruction (permits obtained);
- renovation impossible while occupied (Municipality-attested report);
- personal use by the owner or a first-degree relative — and the owner must prove they have no suitable alternative property;
- sale of the property.
The personal-use trap has a sting: if the landlord repossesses for personal use, they may not re-let for 2 years (residential) or 3 years (non-residential) — or the tenant can claim compensation (Art. 26, as amended). Also memorise: lease survives the sale of the property (Art. 28) and survives death of either party (heirs may end it on 30 days’ notice) (Art. 27); the evicted-for-rebuild tenant has a right of first refusal to return, exercised within 30 days of notification (Art. 29).
Next: the numbers and the referee — the Rent Index, the increase slabs, Ejari, and the Rent Disputes Settlement Centre.