Renting a property is a common practice in the UAE, and it’s essential to be aware of your tenant rights. UAE laws have several provisions to protect tenants, and understanding these laws will help you ensure that your rights are respected. In this blog post, we will provide you with comprehensive information about tenant rights in the UAE.
Rental Contracts
The rental contract is the primary document that outlines the terms of your tenancy. It’s a legal agreement between the landlord and tenant, and both parties must adhere to the terms outlined in the contract. Rental contracts in the UAE are usually in Arabic and English, and it’s advisable to read the terms carefully before signing the agreement. If you are not familiar with the language, it’s best to seek the help of a legal translator.
The rental contract should include important details such as the property’s location, rental amount, security deposit, duration of the lease, and responsibilities of both parties. It’s essential to keep a copy of the contract and make sure that all terms and conditions are fulfilled during your tenancy.
Premises Checking Beforehand
It’s important for tenants to inspect the rental property before signing the rental contract and moving in. This is known as a pre-handover inspection, and it allows the tenant to identify any issues or defects in the property before taking possession. During the pre-handover inspection, the tenant should carefully examine the property, taking note of any damages, defects, or issues with the property’s fixtures and appliances. The tenant should also ensure that all of the property’s utilities, such as electricity, water, and air conditioning, are functioning properly.
If any issues or defects are identified during the pre-handover inspection, the tenant should notify the landlord immediately, and the landlord should be given a reasonable amount of time to rectify the issues before the tenant moves in. This can help avoid disputes and disagreements over damages or defects that may have existed before the tenant took possession of the property. It’s also important for the tenant to take photographs or videos of the property during the pre-handover inspection, as this can serve as evidence in the event of any future disputes with the landlord.
In some cases, the landlord may conduct their own inspection of the property before the tenant moves in. If this is the case, the tenant should be present during the inspection to ensure that any issues or defects are identified and recorded.
Security Deposits
In the UAE, landlords commonly require tenants to provide a security deposit before moving into a rental property. The security deposit is intended to cover any damages to the property or unpaid rent at the end of the tenancy. The amount of the security deposit is typically equivalent to one or two months’ rent, although this may vary depending on the landlord and the rental property. The security deposit is typically paid to the landlord before the tenant moves in and is returned to the tenant at the end of the tenancy, provided there are no damages to the property and no rent is outstanding.
It’s important for tenants to carefully review the terms of the rental contract regarding the security deposit. The contract should specify the amount of the security deposit, how it will be held, and the conditions for its return. In some cases, the landlord may deduct a portion of the security deposit to cover any damages or unpaid rent at the end of the tenancy. However, this should be clearly specified in the rental contract. Tenants should also ensure that they receive a receipt for the security deposit and that the landlord has registered the security deposit with the relevant authorities. Landlords are required to register security deposits with the Rental Dispute Settlement Centre (RDSC) within 14 days of receiving them. Failure to do so can result in fines and penalties for the landlord.
At the end of the tenancy, the tenant should conduct a final inspection of the property with the landlord to identify any damages or issues. If there are no damages to the property and no rent is outstanding, the security deposit should be returned to the tenant in full. If there are damages or unpaid rent, the landlord may deduct a portion of the security deposit to cover the costs.
Rent Increases
The Rent Law in the UAE governs the maximum rent increase that landlords can impose on tenants. Currently, the maximum increase allowed is 5% per year. It’s essential to be aware of this law when renewing your rental contract or agreeing to a new tenancy agreement. Landlords must provide a notice period of 90 days before increasing the rent, and tenants have the right to contest the rent increase if it exceeds the maximum limit.
Evictions
Evictions in the UAE are governed by the Tenancy Law, and landlords can only evict tenants for specific reasons outlined in the law. The most common reason for eviction is non-payment of rent, but landlords can also evict tenants for violating the terms of the rental contract. Before evicting a tenant, the landlord must provide a notice period of 30 days. If the tenant has not vacated the property after the notice period, the landlord can file a case with the Rental Dispute Settlement Centre (RDSC) to obtain a court order for eviction.
The Tenancy Law also provides tenants with the right to dispute eviction notices and take legal action against landlords who have violated their tenant rights.
Emergency To Leave During Contract Period
If you need to leave the rental property before the end of the contract period, it’s important to understand the consequences and requirements outlined in the rental contract. In general, rental contracts in the UAE are binding for the entire duration specified in the agreement. If you need to leave the property before the end of the contract period, you may be required to pay a penalty or forfeit your security deposit. The specific terms for early termination should be outlined in the rental contract.
In some cases, the rental contract may allow for early termination if specific conditions are met. For example, some rental contracts may allow for early termination if the tenant needs to leave the country permanently due to work relocation. It’s essential to carefully review the terms of the rental contract to determine if early termination is possible and under what conditions. If you need to leave the property before the end of the contract period, it’s important to communicate with the landlord and provide as much notice as possible. In some cases, the landlord may be willing to negotiate a mutually acceptable solution, such as finding a replacement tenant or agreeing to early termination with a reduced penalty.
If you are unable to come to a mutually acceptable agreement with the landlord, and you need to leave the property before the end of the contract period, you may need to seek legal advice. The Rental Dispute Settlement Centre (RDSC) can provide guidance and assistance in resolving disputes between tenants and landlords.
Maintenance and Repairs
Landlords are responsible for ensuring that the property is in good condition and that necessary repairs are carried out promptly. Tenants have the right to request repairs, and landlords are required to address the issue within a reasonable timeframe. If the landlord fails to make necessary repairs, the tenant can file a complaint with the RDSC.
Subletting
Subletting occurs when a tenant rents out all or part of the rental property to another person, known as a subtenant, without the landlord’s permission. In the UAE, subletting is generally not permitted without the landlord’s explicit approval. If a tenant wants to sublet the rental property, they should review the terms of the rental contract to determine whether subletting is permitted. In most cases, the rental contract will prohibit subletting without the landlord’s approval.
If the rental contract allows subletting, the tenant should seek the landlord’s permission before renting out any part of the rental property to a subtenant. The landlord may require an additional security deposit or rental payments from the subtenant, and the tenant should ensure that the subtenant is aware of and agrees to the terms of the rental contract. Also if the rental contract does not allow subletting, the tenant should not sublet the rental property without the landlord’s approval. Subletting without the landlord’s approval can result in legal and financial consequences, including eviction and loss of the security deposit.
Conclusion
As a tenant in the UAE, it’s essential to understand your rights and obligations under the law. This includes understanding the terms of your rental contract, providing a security deposit, being aware of the maximum rent increase allowed, knowing the specific reasons for eviction, and ensuring that the property is maintained and repaired. If you have any concerns or issues related to your tenancy, you can seek the assistance of the RDSC or consult with a legal professional. Knowing your tenant rights will help you protect yourself from any potential disputes and ensure that you have a comfortable and secure tenancy experience.
Additionally, there are some best practices that tenants can follow to ensure a smooth and stress-free tenancy. For example, it’s advisable to maintain a good relationship with your landlord and communicate any issues or concerns promptly. Keeping the property clean and tidy and respecting the landlord’s property can also go a long way in maintaining a positive relationship with the landlord.
Tenants should also be aware of their responsibilities as outlined in the rental contract. This includes paying rent on time, keeping the property in good condition, and adhering to any specific terms outlined in the agreement. Failure to fulfill these responsibilities can result in legal action from the landlord and could affect your future rental prospects.
Understanding your rights as a tenant in the UAE is crucial for a stress-free and secure tenancy experience. By knowing your tenant rights, following best practices, and fulfilling your responsibilities, you can ensure a positive and rewarding tenancy experience. If you have any questions or concerns related to your tenancy, you can contact Shoeb Saher, an experienced and qualified property lawyer in Sharjah, United Arab Emirates.