Dubai Tenants Cannot Sub-let their Rented Premises Without Landlord's Written Consent

In Dubai, the real estate market is governed by stringent regulations to ensure transparency and fairness in rental agreemens. One crucial aspect of these regulations is the prohibition of subletting rented premises.

If you own a 2-bedroom flat in Dubai and rent it to an individual for their family, you might encounter legal issues if you find an unauthorised person staying there. This could indicate that the tenant has sublet part of the flat without your permission.

Legal Framework for Subletting in Dubai

In Dubai, a tenant cannot sublet rented premises without the landlord's written consent unless this has been explicitly agreed upon in the rent agreement.

This regulation is outlined in Article 24 of Law No. 26 of 2007 Regulating the Relationship between Landlords and Tenants in Dubai, which states that “unless otherwise agreed by the parties to a lease contract, the tenant may not sublease, or assign the use of the real property to third parties unless the relevant written consent of the landlord is obtained."

Additionally, under Article 25 (1) (b) of Law No. 33 of 2008 Amending Law No. 26 of 2007, a landlord is entitled to evict a tenant if they sublet the property without written consent.

This law specifies that a landlord can request the eviction of a tenant before the lease contract expires under certain conditions.

One such condition is when a tenant sublets the property or any part of it without the landlord's written approval. In this case, both the tenant and the subtenant can be evicted.

However, the subtenant has the right to claim compensation from the tenant for any losses incurred due to the eviction.

Steps for Landlords

If you suspect that your tenant has sublet the property without your consent, you can take the following steps:

Review the Rent Agreement: Check your tenancy agreement for any specific clauses regarding subletting and consent requirements.

Communicate with the Tenant: Initially, discuss the issue with your tenant both verbally and in writing (via email or letter), stating that they have sublet a portion of the rented apartment without obtaining your written consent.

Request that they make arrangements to vacate the subtenant and compensate you for any damages caused.

Send a Formal Notice: Issue a formal written notice to your tenant through a Notary Public or by registered post, stating that they have breached the rental agreement by subletting without your consent and requesting immediate eviction of the rented apartment.

Consider Legal Action: If the tenant and the subtenant do not comply with the eviction notice, you may approach the Dubai Rental Dispute Centre (RDC) to initiate legal proceedings. The RDC has jurisdiction over all disputes between the owner and tenant of any real estate property in Dubai.

In cases where no crime has been committed, the Dubai police typically do not have jurisdiction, leaving the matter to the RDC.

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