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.
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.”
You need to know: How Rental Dispute Lawyer Dubai UAE Help with Tenant and Landlord Disagreements
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:
This means unauthorized subletting could result in eviction proceedings against both the original tenant and the subtenant.
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:
You should know: Eviction of Tenant by Landlord in the UAE: What are the Grounds?
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.
To prevent such potential issues in the future, like illegal subletting, it is worth having certain clauses on subletting within the lease agreement by:
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.
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.
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