Law No.
(33) of 2008
Amending Law No. (26) of 2007
Regulating the Relationship between
Landlords and Tenants in the Emirate
of Dubai[1]
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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are hereby superseded by the following: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 will 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 will 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 will 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, will 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 will be the rental
value of similar Real Property.
2. The Tribunal will 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 will 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 will 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 will apply to the
Tenant and to the Subtenant, who will 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 will 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 will 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 will issue the regulations, bylaws, and resolutions
required for the implementation of the provisions of this Law.
Article (2)
This Law will be published in the Official Gazette and will
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.
©2020 The Supreme
Legislation Committee in the Emirate of Dubai
[1]Every
effort has been made to produce an accurate and complete English version of
this legislation. However, for the purpose of its interpretation and
application, reference must be made to the original Arabic text. In case of
conflict, the Arabic text will prevail.