As a landlord in Dubai, you have specific rights and legal means to address unauthorized subletting of your property. If you have just found out that your tenant has sublet a portion of your property without your consent, it is important to take into consideration the applicable laws and steps that could be taken regarding the situation.
Legal Framework of Subleasing your property to tenants in Dubai
The Dubai tenancy laws safeguard the interests of the landlord and tenant. The most vital elements of the Dubai tenancy laws can be seen in the prohibition of subletting without getting written consent from the landlord. This has been specifically mentioned in Article 24 of Law No. 26 of 2007 Regulating the Relationship between Landlords and Tenants in Dubai:
“Unless otherwise agreed upon by the parties in a lease contract, a lessee shall not sublease or assign the use of the real property to third parties unless with the relevant written consent of the lessor.”
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Consequences of Unauthorized Subletting property
If the tenant sublets the rented premises or any part thereof without obtaining written approval from the landlord, it shall constitute a case of eviction requested by the landlord. Article 25(1)(b) of Law No. 33 of 2008 amending Law No. 26 of 2007 provides the legal provisions concerning eviction in such cases:
“A lessor may request eviction of the lessee from the Real Property before the expiry of the lease contract only in the following cases:
- where the Tenant sublets the Real Property or any part thereof without obtaining the Landlord’s written approval, whereupon the eviction shall extend to the Tenant and to the Subtenant, who shall reserve the right to claim compensation from the Tenant;”
This means unauthorized subletting could result in eviction proceedings against both the original tenant and the subtenant.
Steps to Take if a Tenant Sublet a Flat Without Landlord’s Consent
As a landlord, you have a legal right to sue your tenant for breaching the terms of the rent agreement.
The steps below show what you need to consider:
- Read the Tenancy Agreement: This is the very first step in this regard—to go through your tenancy agreement with a view to finding clear views about the clauses related to subletting and requirements for tenant consent. This will outline the extent of the violation and further steps to be taken.
- Notice to Tenant: The next step is to write a written and verbal communication to the tenant. Correspondence must be done via email or letter in which the landlord must explicitly state that the tenant has subleased part of the property without your written consent. Request him to either have the subtenant arrange for leaving the premises or pay you the damages on account of your loss incurred due to his actions.
- Issue a Formal Notice: If the informal communication does not help resolve the matter, you can issue a formal notice to your tenant in writing. You can either do so through a Notary Public or a registered post. It must mention that they have violated the tenancy agreement by way of subletting without their consent, and you want the sub-tenant evicted immediately.
- Seek Legal Action: If the tenant and the subtenant do not pay attention to your eviction notice, then you may have the right to file a legal case. This may start by approaching the Dubai Rental Dispute Centre (RDC) for assistance in filing one’s case against them for their eviction. RDC has the mandate to handle all sorts of disputes arising between property proprietors and tenants in Dubai.
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The Role of the Dubai Rental Dispute Centre
The Rent Dispute Centre (RDC) in Dubai is the authoritative body that handles rent disputes between landlords and tenants. If you have to escalate this to the RDC, then you will subsequently be required to provide all relevant documents, including proof of a tenancy agreement, written communication, and, finally, an eviction notice.
The RDC will review your case and later decide if the tenant has indeed violated the terms of the rental agreement. Provided that the decision is in your favor, they will issue a ruling for the eviction of the tenant and the subtenant.
Avoiding Future Subleasing Issues
To prevent such potential issues in the future, like illegal subletting, it is worth having certain clauses on subletting within the lease agreement by:
- Clearly Indicating it as Prohibition: The lease should clearly present that the tenant is not allowed to sublet without written permission.
- Detail Consequences: Explain the legal consequences, including eviction.
- Periodic Inspections: You must inspect your premises periodically to ensure that your property complies with the rental agreement.
Conclusion
One major issue that may disturb the good relationship between landlord and tenant and further lead to financial and legal problems is subletting without authorization. Every landlord in Dubai must know his rights and the legal context governing rental agreements. Following the right steps and seeking legal advice where required will help tackle unauthorized subletting effectively and safeguard one’s property investment.
FAQs
- Can a Tenant Sublet a Flat Without Landlord’s Consent?
Whether a tenant can sublet a flat without the landlord’s consent depends on the terms of the lease agreement and laws. - How can landlords discover and stop illegal subletting?
Discovering Illegal Subletting using Regular Inspections, Monitoring Utility Usage, Neighbors’ Reports, Online Listings, Mail and Packages, Communication with Tenants. Stopping Illegal Subletting using Review Lease Agreements, Issue Notices, Legal Action, Enforce Penalties, Amend Lease Agreements, Consult Legal Counsel. - How to legally sublet a rental property in Dubai?
To legally sublet a rental property in Dubai, the tenant must Obtain Landlord’s Consent. - What to do if your tenant is subletting without consent in Dubai?
If a tenant sublease a flat without landlord’s permission, the landlord can document the breach of contract and file a case with the Rental Dispute Settlement Committee. - Can a landlord evict a tenant for unauthorized subletting in Dubai?
According to Article 25, a landlord can evict a tenant for unauthorized subletting in Dubai. - What is the difference between subletting and assignment?
Subletting involves renting part or all of the property to another while retaining the original lease. Assignment involves transferring the entire lease from the original tenant to a new tenant. - How to get landlord approval for subletting in Dubai?
To get landlord approval for sublet a rental property in Dubai, the tenant must Obtain Landlord’s Consent. - What happens if a subtenant damages the property in Dubai?
If a subtenant damages the property, original tenant remains primarily responsible to landlord for any damages to the property. This is because the original lease agreement is between the landlord and the original tenant. - Is subleasing covered in standard lease agreements?
Yes, standard lease agreements in Dubai usually include clauses that either permit or prohibit subleasing and outline the conditions under which subleasing is allowed. - Can a tenant be held liable for subtenant actions?
Yes, a tenant can be held liable for the actions of their subtenant, including any damages or breaches of the lease agreement.
How HHS Lawyers in Dubai Can Assist
In the event of subletting without your consent or any other problems associated with letting, HHS Lawyers in Dubai are at your service to provide professional advice concerning the same. Having a team of professional lawyers skilled in Dubai property laws, we will take you through the legal process with skill and grace, clearing all your concerns.
Contact HHS property Dubai Lawyers for consultation and find out how we can help protect your rights and your property interests.
