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The Ultimate Guide to Tenancy Contract in Dubai

Lifestyle

The Ultimate Guide to Tenancy Contract in Dubai

Lifestyle

Published on 11 Jun 2024

Last updated 11 Jun 2024

10 min read

Renting a property in Dubai can be exciting and challenging, especially if you need to familiarise yourself with the local rules and procedures. To make the process smoother, it’s important to understand tenancy contracts in Dubai. This guide gives a clear overview of a tenancy contract in Dubai, highlighting important points, steps, and tips to help tenants and landlord easily handle their rental agreements.

What is a Tenancy Contract in Dubai?

A tenancy contract, also known as a rental agreement, is a legal document between a tenant and a landlord. It details the terms of the rental arrangement, such as the lease duration, rent amount, payment schedule, and the responsibilities of both parties. In Dubai, tenancy contracts must follow the Dubai Tenancy Law (Law No. 26 of 2007), which governs landlord and tenant relationships.

Key Elements of a Tenancy Contract in Dubai:

A tenancy contract in Dubai typically includes the following elements:

  • Property Details: Address, size, and type of property.
  • Lease Term: Duration of the rental period (usually one year).
  • Rent Amount: Total annual rent and payment schedule.
  • Security Deposit: Amount and terms for the security deposit.
  • Maintenance Responsibilities: Duties of the landlord and tenant regarding property maintenance.
  • Termination Clause: Conditions under which the contract can be terminated.

What Are the Tenancy Laws in Dubai?

RERA (Real Estate Regulatory Agency) tenancy laws regulate rental contracts in Dubai. Knowing these laws is important whether you live in a villa or a studio apartment. Dubai Rental Law No. 26 of 2007 and its amendment, Law No. 33 of 2008, govern the relationship between tenants and landlords. You can find the outlined laws briefing landlords’ and tenants’ rights and responsibilities.

Decree No. 43 of 2013 controls any changes in rent. Rental disputes are resolved through the Rent Disputes Settlement Centre, established under Decree No. 26 of 2013.

RERA uses the Ejari system to ensure all rental contracts are properly registered and monitored. All landlords and tenants must register their tenancy agreements on Ejari, formalising the agreement in a government-approved format.

Key Tenancy Contract Clauses to Remember:

Signing a Rental Contract

It’s important to read and understand your Dubai tenancy contract before signing it. While you can add your clauses, some important clauses are already included.

  1. Additional Terms: You can attach an addendum to the standard contract detailing all terms and conditions of the rental agreement. This can cover:
    • Who pays for which services?
    • When an NOC (No Objection Certificate) from the landlord is needed.
    • The extent to which tenants can perform maintenance.
  2. Breaking the Contract: Only the tenancy contract is broken if both parties agree. If not, the contract is automatically renewed for the same duration or one year, whichever is shorter, if the tenant stays without any objection from the landlord.
  3. Landlord’s Notice: The landlord must give a 90-day notice via registered mail before the contract expires if they want to make any changes.
  4. In Case of Death: If the landlord or tenant dies, the contract doesn’t automatically end. It transfers to the deceased’s heir(s) unless they choose to terminate it, which takes effect 30 days after informing the landlord.
  5. Property Sale: If the property is sold before the tenancy term ends, the tenant can stay until the term ends. Changing the contract is not legally required, but updating details with Ejari is recommended to avoid future disputes.

What Information is Included in a Dubai Rental Agreement?

A Dubai rental agreement typically follows a standard format under the Ejari system. The contract includes the following details:

  • Names and contact information of both the landlord and tenant
  • Property address
  • Agreed rental amount
  • Payment schedule
  • Duration of the tenancy

Additionally, the contract might cover terms related to:

  • Security deposit
  • Maintenance responsibilities
  • Utility payment arrangements
  • Termination rules

Landlords and tenants can also supplement the contract to include any extra terms and conditions mutually agreed upon.

Required Documents for a Tenancy Contract in Dubai:

To create a tenancy contract in Dubai, you need the following documents:

  • Copies of the tenant’s and landlord’s passports and visas
  • Copy of the tenant’s Emirates ID (if applicable)
  • Title deed or proof of ownership
  • Original DEWA (Dubai Electricity and Water Authority) bill
  • Ejari registration form (available online or at authorised typing centres)
  • Security deposit receipt (if applicable)

Who Needs To Sign The Contract?

Once the tenancy contract is drafted, it must be signed by the involved parties in front of a witness to be valid. The Dubai Land Department recognises the following as official signatories for rent contracts:

  1. The landlord
  2. The tenant
  3. A legal representative of the landlord with a Power of Attorney (PoA)
  4. Licensed property management companies

Important Note:

  • A Power of Attorney is valid for two years and must be re-stamped at the Dubai Courts to remain valid after that period.
  • Licensed property management companies can only sign contracts for the properties they manage.

Tenancy Contract Sample

Tenancy Contract Sample

Image Source

Tenancy Contract Download:

You can download the standard rental contract for Dubai from the Dubai Land Department’s official website or the Dubai REST app. This editable form is available in both Arabic and English. Landlords and tenants can add or change any special conditions they want in their rental contract.

The standard Dubai rental contract includes:

  • Governing laws
  • Landlord’s obligations
  • Tenant’s obligations
  • Contract terms and conditions
  • Attachments For Ejari Registration

Remember to register your contract with Ejari, as this and other associated costs are additional expenses when renting in Dubai. Make sure you know about these costs beforehand.

How to Make a Tenancy Contract in Dubai?

Creating a tenancy contract in Dubai is straightforward if you follow these steps:

  • Step 1: Learn the Legal Requirements:
    • Understand the Dubai Landlord-Tenant Law and any specific rules for Dubai. Stay updated on the latest laws.
  • Step 2: Gather Necessary Documents:
    • Collect all required documents like IDs, title deeds, and other relevant papers.
  • Step 3: Agree on Contract Terms:
    • Discuss and agree on the terms with the tenant, including:
      • Rent amount, payment frequency, and method.
      • Lease duration, start date, and end date.
      • Security deposit amount and conditions for its return.
      • Maintenance responsibilities for both parties.
      • Any specific property rules or restrictions.
  • Step 4: Draft the Tenancy Contract:
  • Step 5: Register the Contract with Ejari:
    • To register the contract, use the Ejari online portal. Submit your documents, pay the fee, and complete the registration.
  • Here’s how you can register for Ejari online through the dubailand.gov.ae website:
register for Ejari online

Image Source

  • Go to this link and register by clicking “Access this service”.
  • Sign in with your UAE pass or Emirates ID and begin registration.
  • Please enter your property and contract information, such as the location, type of property, rental amount, lease duration, etc.
  • You can then upload the required documents.
  • Pay the registration fee and review all your uploaded details and documents.
  • Apply, and you may wait for the certificate

Here’s how you can register through the Dubai REST app:

  • Get the “Dubai REST app” on your device.
  • Navigate to the “services” section and choose “RERA”.
  • Select “Initiate Ejari Registration”.
  • Complete the form with the correct information and upload the necessary documents.
  • Press “Submit” to send the application.
  • The landlord or owner should validate the tenant’s registration via Dubai REST.
  • After approval, make the Ejari registration payment in the app.
  • Receive your Ejari contract instantly with the “Dubai REST” application.
  • Step 6: Get the Ejari Certificate:
    • After registration, you will receive an Ejari certificate. Keep this as proof of registration. (Visit this link to download the certificate).
  • Step 7: Provide Copies to Both Parties:
    • The tenant and the landlord should be given copies of the Ejari certificate and the registered contract. Both should keep these for their records.

Ejari Registration Fees

ServiceAmount (AED)
Registering a tenancy contract100
Knowledge fee10
Innovation fee10
Registering a tenancy contract  via Via Real Estate Services Trustee Centers120
Service partners fee95 + VAT

Final Takeaway

Understanding the tenancy contract in Dubai is important for a smooth and trouble-free renting experience. This guide helps tenants stay informed and protected under Dubai’s tenancy laws. Always use reliable sources and seek legal advice to prevent any disputes.

For more detailed information, visit the Dubai Land Department website or the Dubai Tenancy Law for full guidelines.

Until then, stay tuned to know more about the latest updates and tips for renting in Dubai.

Frequently Asked Questions (FAQs):

Q. What Are the Rules for a Tenancy Contract in Dubai?

In Dubai, the law requires registering your rental contract and any amendments with RERA. Your contract becomes legally binding only when you formalise it through Ejari. Without this registration, the law does not protect the rights of either the landlord or the tenant.

Q. What Happens if Ejari is Not Done?

Without Ejari, the tenancy contract for renting an apartment in Dubai is unenforceable. The protection offered by a legitimate tenancy contract is only effective if you have Ejari. Additionally, Ejari is required if you need an extra visa for your family.

Q. Can a Landlord Increase Rent After 1 Year in Dubai?

According to Dubai’s RERA Rental Increase Law, landlords can increase rent only once a year and must notify tenants 90 days in advance. You can use the online RERA rent calculator to check if the proposed increase is within the permissible range.

Q. Can I Terminate My Rental Contract Early?

Dubai’s tenancy laws do not specify the details for early termination of rental contracts. If a tenant decides to leave before the contract ends, the landlord can refuse to refund the remaining rent. To avoid this, the original rental contract must have an exit clause that addresses early termination, clearly stating the required notice period and any penalty fees.

author

ABOUT AUTHOR

Pragya is a content writer with over 2 years of experience who thrives on the power of storytelling. She crafts clear, engaging content that resonates with audiences and transforms ideas into fresh, compelling pieces. When she's not writing, Pragya might be found curled up with a good book, exploring a new coffee shop, or seeking inspiration in nature. This constant curiosity fuels her creativity, allowing her to bring fresh perspectives to every project.

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