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Law No. (33) of 2008
Amending Law No. (26) of 2007
Regulating the Relationship between
Landlords and Tenants in the Emirate of Dubai
We, Mohammed bin Rashid Al Maktoum, Ruler of Dubai,
After perusal of:
Federal Law No. (5) of 1985 Issuing the Civil Code of the United Arab Emirates and its
amendments;
Federal Law No. (10) of 1992 Issuing the Law of Evidence Governing Civil and Commercial
Transactions and its amendments;
Law No. (16) of 2007 Establishing the Real Estate Regulatory Agency;
Law No. (26) of 2007 Regulating the Relationship between Landlords and Tenants in the
Emirate of Dubai (the “Original Law”); and
Decree No. (2) of 1993 Establishing a Special Tribunal to Determine Disputes between
Landlords and Tenants and its amendments,
Do hereby issue this Law.
Article (1)
Articles (2), (3), (4), (9), (13), (14), (15), (25), (26), (29), and (36) of the Original Law are hereby
superseded by the following:
Article (2)
In implementing the provisions of this Law, the following words and expressions shall
have the meaning indicated opposite each of them unless the context implies otherwise:
Emirate: The Emirate of Dubai.
Tribunal : The Special Tribunal to Determine Disputes between Landlords and
Tenants.
RERA : The Real Estate Regulatory Agency.
Real Property : Immovable property, and everything attached or annexed to it, which
is leased out for residential purposes or for practising any commercial
activity, trade, profession, or other lawful activity.
Lease Contract : A contract pursuant to which a Landlord is bound to allow a Tenant
to use Real Property for a specific purpose, over a specific term, and in
return for specific consideration.
Landlord : A natural or legal person who is entitled by law or agreement to dispose
of Real Property. This includes any person to whom the ownership of the
Real Property is transferred during the term of lease, agent or legal
representative of the Landlord, or Tenant who is permitted by the
Landlord to sublet the Real Property.
Tenant : A natural or legal person who is entitled to use Real Property pursuant
to a Lease Contract, or any person to whom the lease is legally transferred
from the Tenant.
Subtenant : A natural or legal person who is entitled to use Real Property or any
part thereof pursuant to a Lease Contract entered into with the Tenant.
Rent : The specific consideration which a Tenant is bound to pay pursuant to
a Lease Contract.
Notice : A written notification sent by either party to a Lease Contract to the
other party through a Notary Public; or delivered by registered mail, by
hand, or by any other technological means approved by law.
Article (3)
The provisions of this Law shall apply to land and Real Property leased out in the Emirate,
excluding Real Property provided free of Rent by natural or legal persons as accommodation
for their employees.
Article (4)
1. The contractual relationship between a Landlord and a Tenant shall be regulated by
a Lease Contract which includes a description of the leased Real Property that leaves
no room for uncertainty; the purpose of the lease; the term of the Lease Contract;
the Rent and its payment method; and the name of the Real Property owner if the
Landlord is not the owner.
2. All Lease Contracts related to Real Property which is governed by the provisions of this
Law, and any amendments thereto, shall be registered with RERA.
Article (9)
1. Landlords and Tenants must specify Rent in Lease Contracts. Where the parties fail to
specify the Rent and it is impossible to prove the Rent agreed upon by them, the Rent
shall be the rental value of similar Real Property.
2. The Tribunal shall determine the rental value of similar Real Property taking into
account the criteria for determining the percentage of Rent increase prescribed by
RERA; the prevailing economic situation in the Emirate; the condition of the Real
Property; the prevailing rental value of similar Real Property in other similar Real
Property markets within the same area; the provisions of any legislation in force in the
Emirate regulating Real Property Rent, and any other factors which the Tribunal deems
appropriate.
Article (13)
For the purposes of renewing a Lease Contract, the Landlord and Tenant may, prior to the
expiry of the Lease Contract, amend any of its terms or reconsider increasing or reducing
the Rent. If the Landlord and Tenant fail to reach an agreement in this regard, the Tribunal
may determine the fair Rent, taking into account the criteria stipulated in Article (9) of
this Law.
Article (14)
Unless otherwise agreed by the parties to a Lease Contract, where either party wishes
to amend any of its terms pursuant to Article (13) of this Law, that party must notify the
other party of this intent no less than ninety (90) days before the date on which the Lease
Contract expires.
Article (15)
A Landlord shall be bound to hand over the Real Property in a good condition which allows
the Tenant to fully use it as stated in the Lease Contract.
Notwithstanding the foregoing, the parties may agree upon renting Real Property before
completion of its construction, in which case the Tenant must complete the construction of
the Real Property and make it suitable for its intended use. The agreement shall determine
the party liable to pay the costs of completion of the construction.
Article (25)
1. A Landlord may request eviction of the Tenant from the Real Property before expiry of
the Lease Contract only in the following cases:
a. unless otherwise agreed by the parties, where the Tenant fails to pay the Rent or
any part thereof within thirty (30) days from the date of service of a Notice on the
Tenant by the Landlord requesting the payment;
b. where the Tenant sublets the Real Property or any part thereof without obtaining
the Landlord’s written approval, in which case the eviction shall apply to the Tenant
and to the Subtenant, who shall reserve the right to claim compensation from the
Tenant;
c. where the Tenant uses the Real Property or allows others to use it for any illegal
purpose or for a purpose which conflicts with public order or morals;
d. unless otherwise agreed by the parties, where the leased Real Property is used as
business premises and the Tenant leaves it unoccupied without a valid reason for a
period of thirty (30) consecutive days or ninety (90) non-consecutive days in a year;
e. where the Tenant makes any change to the Real Property that endangers its safety
in a manner that makes it impossible to restore the Real Property to its original
state; or causes damage to the Real Property as a result of his deliberate act, or his
gross negligence by failing to exercise due caution and care or allowing others to
cause that damage;
f. where the Tenant uses the Real Property for a purpose other than that for which it is
leased, or otherwise uses the Real Property in a manner that violates the planning,
construction, and land use regulations in force in the Emirate;
g. where the Real Property is likely to collapse, provided that the Landlord proves this
by a technical report issued by or certified by the Dubai Municipality;
h. where the Tenant fails to comply with any of his obligations under this Law or any
of the Lease Contract terms within thirty (30) days from the date on which a Notice
requesting him to comply with that obligation or term is served upon him by the
Landlord; or
i. where the competent Government entities decide that the demolition and
reconstruction of the Real Property are mandated in accordance with urban
development requirements in the Emirate.
For the purposes of paragraph (1) of this Article, the Landlord shall serve a Notice on
the Tenant through a Notary Public or by registered mail.
2. Upon expiry of the Lease Contract, the Landlord may seek eviction of the Tenant from
the Real Property only if:
a. the Real Property owner wishes to demolish and reconstruct it or to add any new
structures that would prevent the Tenant from using the Real Property, provided
that the owner obtains the required permits from the competent entities; or
b. the Real Property is in a condition that requires restoration or comprehensive
maintenance that cannot be carried out while the Tenant occupies the Real
Property, provided that this condition of the Real Property is verified by a technical
report issued or certified by the Dubai Municipality;
c. the Real Property owner wishes to retake possession of the Real Property for his
own use or for use by any of his first-degree relatives, provided that the owner
proves that he does not own any alternative Real Property that is suitable for this
purpose; or
d. the leased Real Property owner wishes to sell it.
For the purposes of paragraph (2) of this Article, the Landlord must notify the Tenant
of the eviction reasons at least twelve (12) months before the date of eviction, and the
notice must be served through a Notary Public or by registered mail.
Article (26)
Where the Tribunal rules in favour of the Landlord retaking possession of the Real Property
for his own use or for use by any of his first-degree relatives, in accordance with sub-
paragraph (2)(c) of Article (25) of this Law, the Landlord may not rent the Real Property to
a third party before the lapse of at least two (2) years in case of residential Real Property,
or three (3) years in case of non-residential Real Property, from the date of retaking
possession of the same. Otherwise, the Tenant may request the Tribunal to award him fair
compensation.
Article (29)
1. A Tenant shall have the right of first refusal to return to the Real Property where it is
demolished and reconstructed, or renovated and restored, by the Landlord, in which
case the Rent must be determined in accordance with the provisions of Article (9) of
this Law.
2. The Tenant must exercise the right of first refusal referred to in the preceding paragraph
within a period not exceeding thirty (30) days from the date on which the Tenant is
notified of the same by the Landlord.
Article (36)
The Chairman of the Executive Council shall issue the regulations, bylaws, and resolutions
required for the implementation of the provisions of this Law.
Article (2)
This Law shall be published in the Official Gazette and shall come into force on the day on
which it is published.
Mohammed bin Rashid Al Maktoum
Ruler of Dubai
Issued in Dubai on 1 December 2008
Corresponding to 3 Thu al-Hijjah 1429 A.H.
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