Drafting Tenancy Contracts
Draft Tenancy Contracts for Renewal & Cancellation in Dubai UAE
Renting a property without laying out in clear writing all rules and expectations for both the landlord and tenant(s) is inviting trouble to ensue. The relationship between a landlord and a tenant is complex – laws on national and local levels preside over all aspects of property lease. At HHS Lawyers, all details of tenancy are recorded in a properly drafted agreement that’s suitable for different purposes such as:
Residential
A residential tenancy contract can be for the leasing of apartments, houses, condominiums, and/or townhouses. A residential lease is paid generally on a quarterly or monthly basis and is for a short time period compared to a commercial lease – often a year or less.
Commercial
The purpose of a commercial tenancy contract is to provide property for a tenant to conduct business operations, which may be service-related, trading, storage, or manufacturing. Our legal drafting team can provide assistance in the drafting of different kinds of commercial tenancy contracts.
When to Choose HHS Lawyers & Legal Consultants for Tenancy Contracts
The lawyers and legal consultants that comprise our legal drafting team in Dubai include key components in every tenancy contract, which are as follows:
Names of tenants and occupants
It’s recommended for a tenancy contract to name more than one tenant. Requiring several occupants to sign as the official tenants is an additional insurance for a property owner: every tenant has the legal responsibility of paying rent and following the other terms of a tenancy contract. This means if one tenant fails to secure the full amount, a landlord can legally seek what’s due from the other signatories of the contract. In addition, if a tenant commits a violation to the lease agreement, the landlord may terminate the tenancy not just of the offender but for all tenants as well.
For residential contracts, it is a good idea for an agreement to contain an additional occupancy clause that states only tenants are allowed to live in the rental. If guests are to be expected, the contract can stipulate the allowable number of days for them to stay. If a tenant sublets the unit or allows an unapproved roommate to move in without securing permission, a tenancy contract may also give the landlord the right in terminating the tenancy, if necessary.
Description of the rental
This clause contains the rental property’s complete address (including unit number and building, if applicable). To avoid disputes, a tenancy contract also has to note specific parking spots and/or storage areas that are included. If a rental includes parking for customers, the agreement has to indicate the stalls or spot numbers. Similarly, the contract has to specify the areas that the tenants aren’t allowed to access.
Duration of the tenancy
Tenancy contracts can be short term (month-to-month), wherein a tenancy renews automatically until tenants or the landlord opt to terminate, or for a specific term (usually on a yearly basis). Our legal drafting team will help in specifying the duration of the tenancy by noting the tenancy length, start date, and the expiration date.
Rent
Deposits and fees
Our legal drafting team also helps in avoiding common disputes between tenants and landlords by including the following contract provisions:
- Security deposit in preferred currency;
- Whether the tenant is expected to replenish the deposited amount if the landlord is to make deductions mid-tenancy;
- How the deposit may be used (for instance, to cover repair costs for damages that a tenant caused or to cover unsettled rent) and how the deposit may not be used (for instance, it won’t be accepted as last month’s rent);
- How and when the deposit will be returned and how deductions are accounted for after the tenants move out;
- Non-refundable fees, may be for pets, cleaning, maintenance, etc.
It is also recommended that details are included on where the security deposit will be held and whether interest will be provided on the deposited amount to the tenant.
Repairs and maintenance
Your best defense with rent-withholding battles and hassles regarding security deposits is by including maintenance and repair policies in a tenancy contract. This includes:
- Restrictions on alterations and repairs by tenant (for instance, painting the unit unless the landlord approves it in writing);
- A requirement that tenants provide an alert to dangerous and/or defective conditions with the specifics on procedures for repair requests and handling complaints;
- The responsibility of the tenants to maintain the cleanliness of the property and pay for damages that may be caused, including or excluding wear and tear.
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FAQs – Drafting Tenancy Agreements in UAE
What is a tenancy agreement?
A tenancy agreement is a legal agreement between a landlord and a tenant that gives the terms and conditions of renting a property. It indicates what is required and what should not be done by both parties throughout the rental time.
What is the value of a tenancy agreement?
A tenancy agreement is used to secure the interests of both the landlord and the tenant by stipulating the terms of rental agreement, conditions of payment, conditions of maintenance, and termination period of the lease.
What details are to be contained in a tenancy agreement?
The tenancy contract normally entails names of the landlord and tenant, the address of the property and rent, the payment terms, security deposit, the termination period, maintenances and termination terms.
Does the UAE require written tenancy agreement?
Yes. In the UAE, property renting is based on a tenancy agreement that is to be properly documented as a means of ensuring the rights of both the parties.
Should tenancy agreements be registered?
In certain emirates, such as in the Dubai emirate, tenancy agreement has to be registered in the respective authorities like the Dubai rental registration system in order to be legalized.
Is it possible to make amendments to the tenancy agreements after signing?
Yes. It is possible to make changes to a tenancy agreement provided the agreement between the landlord and the tenant acknowledges the changes and the amendments are written down.
What in case there is no tenancy agreement?
In the absence of written tenancy agreement, there can be a conflict over the rent, maintenance or eviction which can be hard to solve in the legal context.
Are there special clauses that can be made in a tenancy agreement?
Yes. Other clauses that may be contained in tenancy agreements are maintenance requirements, restrictions to use of property as well as terms of early termination.
What is the course of action in case a tenant breaches the tenancy agreement?
When a tenant breaches the rule of the agreement, the landlord can sue him in line with the stipulated terms of the contract and the tenancy law.
Is it possible that lawyers can help to write tenancy agreements?
Yes. Attorneys will be able to prepare tenancy contracts which are legally binding, include all the clauses which are required as well as assist in safeguarding interests of both the landlords and tenants.
