Resolving Dispute between Landlords and Tenants Under RERA

Dubai’s real estate market is experiencing a major housing boom, with ten of thousands of villas, apartments and townhouses. Real estate markets in Dubai attracts both Landlords and tenants from all over the world. Rental laws in Dubai are to protect both Landlords and Tenants rights. To avoid the legal dispute between landlords and tenants they must have the clear understanding of their rights in Dubai.

 

The Real Estate Regulatory Agency (RERA)

The Real Estate Regulatory Agency was established to oversee the implementations of Dubai’s tenancy rules for rental properties in Dubai. RERA is in charge of regulating the relationship between a landlord and a tenant.

 

There are four main laws regarding rules and regulations under RERA:

• “Law No. (26) of 2007: This law regulates the relationship between landlords and tenants.”
• “Law No. (33) of 2008: This law amended certain articles of Law No. (26) of 2007 and governs the landlord-tenant relationship.”
• Decree No. (26) of 2013: This law established the Rental Disputes Settlement Centre (RDC), which handles all types of rental disputes. 
• Decree No. (43) of 2013: This law explicitly governs rent increases in Dubai.

 

Terms of the RERA Tenancy Law.

• Amending Tenancy Contract
• Terminating Tenancy Contract
• Vacating Notice
• Tenancy Laws of Eviction

 

To Resolve the Rental Disputes: Landlords and Tenants’ Guide.

Eviction of Tenants

As per the RERA Laws for Eviction, Article 25 of Law No. (26) of 2007, which was amended by Law No. (33) of 2008 states that there are certain cases where the Landlords can demand the eviction of the tenants prior to the expiry of the contract.

 

Prior to the Expiry of the Contract

• A tenants may be evicted for not obeying the law or abiding by the terms of the agreement in the lease.
• If tenants fail to pay the rent within 30 days of being served with the landlord’s written notification.
• The landlords must serve a written notice to the tenants to leave the premises within 30 days.
• Cases, the notice period is 30 days.

1. When the Property is used for different purposes than it was acquired.
2. Tenant, or others he permits to do so, alter, or damage the property in a way that makes the property unsafe.
3. When property is sublet without first obtaining written approval from the landlords.
4. When the rent has not been paid.

In other Cases

• Require a twelve-month notice period. The notice must be delivered by a public notary or sent by registered mail.
• When landlords have decided to move back into the property for his personal use.
• When landlords want relatives of the first-degree to live in the property.
• When landlords have elected to sell the property.
• When there are extensive renovation or maintenance needs on the property that cannot be undertaken while someone is living in it.
• The property is to be wholly demolished and or reconstructed.

In such cases, the landlords must give the other party 12 months’ written notice by registered mail or public notary.