Dubai: If you plan to rent out a spare room in your flat, there are important legal aspects to consider before entering into a subletting agreement. Dubai’s Rental Law provides key regulations that you should keep in mind, according to legal experts interviewed by Gulf News.
Is subleasing legal in Dubai? Get landlord permission first
The legislation that regulates subleasing in Dubai is Law No. (26) of 2007 and its amendment, Law No. (33) of 2008. According to Ashraf El Motei, founder of Dubai-based law firm Motei and Associates, these laws are the cornerstone of rental regulations in the emirate and provide a clear understanding of the rights and obligations of landlords and tenants.
“According to the law, a tenant cannot sublease the rented unit without obtaining prior written approval from the landlord. This stipulation is designed to protect the landlord’s rights and to maintain control over the property’s occupancy and use,” he said.
The law also clearly states that the use of the leased unit must align with the purpose explicitly stated in the lease agreement, Motei added.
“For instance, if a property is leased for private housing, it is not permissible for the tenant to repurpose the unit for commercial activities or to house individuals other than the family members or relatives supported by the tenant and/or collect rent from them,” he said.
According to the law, a tenant cannot sublease the rented unit without obtaining prior written approval from the landlord. This stipulation is designed to protect the landlord’s rights and to maintain control over the property’s occupancy and use
Want to move in to a shared accommodation? Always check the original lease contract
“Before entering a sublease in Dubai, ensure you’re legally covered by asking the sublessor for the original lease registered with Ejari, which is the official online registration for rental contracts in the emirate. This lease must explicitly allow subleasing, already clearly indicated in its clauses or allow for such subleasing through a separate approval letter from the landlord,” said Motei.
If this is present, you would be complying with Dubai’s rental regulations, otherwise, you risk facing legal repercussions.
Risks of subleasing without permission: Eviction and compensation
One of the risks you face is being reported to the Rental Disputes Centre by the landlord.
“The landlord is entitled to bring the issue before the Rental Disputes Centre (RDC) for immediate lease termination and eviction of the unit,” according to Motei.
He explained that once a rental dispute is filed by the landlord, the RDC will conduct an expert inspection of the unit to confirm unauthorised occupancy, according to Motei. During the process, tenants may face questioning, regarding their identity, reason for their stay, and connection to the landlord and tenant.
“Following the investigation, the RDC is likely to mandate lease termination due to the violation, requiring immediate vacating of the premises,” he added
Renting from a tenant? Your lease is linked to the ‘main rental contract’
If you are sharing an apartment with a tenant that is legally allowed to sublease, your sublease can get terminated in case the tenant violates any rules.
“Remember, your sublease is directly linked to the main lease’s status. If the sublessor breaches their obligations, leading to a termination request from the landlord, your sublease will also terminate, necessitating your departure. However, you retain the legal right to seek compensation from the sublessor for any losses incurred due to this termination,” he said.
Remember, your sublease is directly linked to the main lease’s status. If the sublessor breaches their obligations, leading to a termination request from the landlord, your sublease will also terminate, necessitating your departure. However, you retain the legal right to seek compensation from the sublessor for any losses incurred due to this termination.
Do co-occupants have to register separately for Ejari?
Marwa Al Mashgouni, a legal associate at at Dubai-based law firm – ADG Legal, explained that while registering the rental contract with Ejari is essential for a landlord and tenant, there isn’t any specific mechanism to register subleases separately for Ejari. But, DLD encourages co-occupants to register themselves online through the ‘Dubai REST’ app.
This, Marwa explained, “Enables transparency in the tenancy system and clarity in relationships among individuals in the real estate rental sector.”
Are there any rules on how many people can live in an apartment in Dubai?
“In Dubai, both villas and residential buildings adhere to prescribed occupancy limits, which dictate the maximum number of residents that can safely occupy the premises. Municipal inspectors conduct regular inspections to ensure compliance with these standards and to identify instances of overcrowding,” said Marwa.
“Different residential areas are subject to the jurisdiction of various authorities, such as Dubai Municipality, Tecom, Meydan, Tarakhees, … etc. These authorities may establish guidelines specifying the minimum square footage per person allowed for occupancy, typically ranging from 40 sq ft to 200 sq ft per person,” she said.
She added that some buildings may also have their own regulations that are approved by the owner or the local homeowners’ association.
In Dubai, both villas and residential buildings adhere to prescribed occupancy limits, which dictate the maximum number of residents that can safely occupy the premises. Municipal inspectors conduct regular inspections to ensure compliance with these standards and to identify instances of overcrowding.
Partitions in apartments: Landlord consent and Dubai municipality requirements
“Partitions afford tenants a private and comfortable living area distinct from communal spaces. If a tenant wishes to put partitions in their unit they would require the landlord’s consent to go ahead with this and they surely need to adhere with the Dubai Municipality’s requirements for creating such partitions,” said Marwa.
If a tenant wishes to put partitions in their unit they would require the landlord’s consent to go ahead with this and they surely need to adhere with the Dubai Municipality’s requirements for creating such partitions
She explained that Dubai Municipality requires partitions to be well-lit, have a source of natural light, and comply with all safety requirements. Obtaining prior approval from Civil Defence is also a must to ensure compliance with fire safety.
