Tenant May Claim Compensation If Landlord Re-rents Property Illegally

Under Dubai’s rental laws, tenants are entitled to seek compensation if they are evicted on the grounds of personal use but the property is leased to a third party within the legally restricted period.

 

Legal experts note that such cases are governed by Law No. (33) of 2008, which amended Law No. (26) of 2007 regulating landlord–tenant relationships in Dubai. The legislation stipulates that when a landlord reclaims a property for personal use -- either for themselves or for first-degree relatives -- they cannot rent it to another party for at least two years for residential units and three years for commercial properties.

 

Article 26of the law states:

 

“Where the Tribunal rules in favour of the landlord retaking possession of the property for his own use or for use by any of his first-degree relatives, the landlord may not rent the property to a third party before the lapse of at least two years in the case of residential property, or three years in the case of non-residential property. Otherwise, the tenant may request the Tribunal to award fair compensation.”

 

Additionally, Article 25 provides that a landlord cannot lawfully evict a tenant under such grounds unless they prove there is no other suitable property available for their own or their relative’s use.

 

Legal practitioners advise that tenants who can present evidence -- such as a new tenancy contract showing the property was re-rented before the two-year period -- may approach the Dubai Rental Disputes Centre (RDC) to claim fair compensation. Such compensation may cover moving costs, higher rent at the new property, and other related expenses.

 

Sunil Ambalavelil, Chairman of Kaden Borris, said: “Dubai’s rental law was designed to balance the interests of both landlords and tenants. If a landlord evicts a tenant on the pretext of personal use but then rents the unit to a third party before the statutory two-year period, the tenant has strong legal grounds to seek compensation. The Rental Disputes Centre takes such violations seriously, provided the tenant can substantiate their claim with proper documentation.”

 

He added that tenants in such situations should act promptly by filing a complaint with the RDC and keeping all receipts and evidence related to their relocation and increased rental costs.

 

With Dubai’s property market seeing rising rents, experts emphasise that these legal provisions protect tenants from wrongful eviction and discourage landlords from exploiting legal loopholes. 

 

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