Legal Insight

Tenancy Law in Dubai: Landlord & Tenant Rights Explained

Understand Dubai's Tenancy Law (Law No. 26 of 2007), RERA regulations, and EJARI requirements. Learn your rights and obligations as a landlord or tenant in the UAE.

23 July 2025 · Contracts & Real Estate

Introduction: Securing Your Rental Relationship in Dubai

Dubai’s dynamic real estate market is a global magnet, attracting millions of residents and investors. Whether you are a landlord seeking to protect your investment or a tenant looking for a secure home, understanding the legal framework governing rental relationships is paramount. In the Emirate of Dubai, this framework is primarily established by Law No. 26 of 2007 Regulating the Relationship between Landlords and Tenants in the Emirate of Dubai, as amended by Law No. 33 of 2008.

At Fakher & Co Legal Consultancy, we recognize that the complexities of tenancy law Dubai can be a source of anxiety. Our goal is to demystify the process, providing you with a clear, authoritative guide that addresses your most pressing concerns. This article will serve as your essential reference, ensuring you are fully informed of your rights and obligations under the prevailing rental law UAE and RERA regulations.

Since 2011, Fakher & Co has specialized in providing expert real estate and contract law counsel, guided by our strict non-conflict policy: “Client’s Interest Comes First.” We offer comprehensive property transaction support and transparent fee structures, ensuring a personalized boutique firm approach to your legal needs.

The Foundation: Law No. 26 of 2007 and RERA’s Role

The relationship between a landlord and a tenant in Dubai is contractual, but it is heavily regulated by the Dubai Land Department (DLD) and its regulatory arm, the Real Estate Regulatory Agency (RERA).

Overview of Law No. 26 of 2007

This foundational law establishes the core principles of the tenancy relationship. It mandates that all tenancy contracts must be in writing and registered to be legally enforceable. The law provides a clear structure for:

The term of the tenancy.
The obligations of both parties regarding maintenance and repairs.
The conditions under which a landlord may increase rent.
The specific, limited grounds for eviction.

The law is designed to create a stable and fair environment, protecting the tenant’s right to peaceful enjoyment of the property while safeguarding the landlord’s investment.

The Mandatory EJARI Registration System

EJARI, which means “my rent” in Arabic, is the official online registration system for all tenancy contracts in Dubai, managed by the DLD. It is a mandatory requirement for all rental agreements and is a critical step that cannot be overlooked.

Legal Significance of EJARI:

Legal Validity: An unregistered tenancy contract is not legally recognized in Dubai. Without an EJARI certificate, a tenant cannot file a case with the Rental Disputes Center (RDC), nor can they obtain essential services like a DEWA (Dubai Electricity and Water Authority) connection.
Standardization: EJARI standardizes the terms and conditions of the contract, linking it to the property’s title deed and the landlord’s details, thereby enhancing transparency and preventing fraudulent leases.
Dispute Resolution: It is the prerequisite for initiating any rental dispute proceedings.

EJARI Requirements and Process:

The registration process is straightforward and can be completed online via the Dubai REST app or through approved typing centers.

Rights and Obligations: A Balanced Relationship

Dubai’s tenancy law is built on the principle of mutual respect and clear responsibilities. Understanding these obligations is key to a harmonious tenancy.

Tenant’s Rights

Right to Peaceful Enjoyment: The landlord cannot interfere with the tenant’s use of the property, provided the tenant uses it for the agreed-upon purpose and in accordance with the law.
Right to Renew: The tenant has the right to renew the contract upon expiry, unless the landlord has served a valid, notarized 12-month eviction notice (see Eviction Grounds below).
Right to Maintenance: The landlord is generally responsible for major maintenance and structural repairs to the property.
Rent Control: The landlord can only increase the rent according to the RERA Rental Index and must provide a 90-day written notice.

Landlord’s Rights

Right to Receive Rent: The landlord has the right to receive the agreed-upon rent on the specified dates. Failure to pay within 30 days of a written notification is a ground for eviction.
Right to Property Inspection: The landlord has the right to inspect the property at reasonable times, provided they give the tenant sufficient notice.
Right to Evict for Cause: The landlord has the right to evict the tenant for specific, legally defined breaches of the contract or the law.
Right to Recover Property: The landlord can recover the property for personal use or sale, subject to the strict 12-month notice rule.

Maintenance Responsibilities: Who Pays for What?

Article 16 of Law No. 26 of 2007 stipulates that the landlord is responsible for the maintenance of the property and for carrying out any repairs during the lease term, unless the contract states otherwise.

However, a common practice in Dubai is to distinguish between major and minor repairs:

Landlord (Major Repairs): Structural defects, major air conditioning unit failures, water leaks from the building structure, and general wear and tear that affects the habitability of the property.
Tenant (Minor Repairs): Day-to-day maintenance, such as changing light bulbs, minor plumbing issues, and repairs below a certain threshold (often stipulated in the contract, e.g., AED 500 or AED 1,000).

Practical Tip: Always ensure the maintenance clause in your tenancy contract clearly defines the financial threshold for minor repairs. For integrated property solutions, Fakher & Co works closely with partners like NouMou Properties within the SKP Business Federation to ensure seamless property management and maintenance for our clients.

Rent Payment, Renewal, and Increases

The process of rent adjustment and contract renewal is one of the most frequent sources of dispute. RERA has established clear rules to govern this process, ensuring fairness and predictability.

Rent Payment and Security Deposits

Rent is typically paid via post-dated cheques, though electronic transfers are becoming more common. The law requires the tenant to pay the rent on the agreed-upon dates.

The security deposit, usually equivalent to one month’s rent, is held by the landlord to cover any damages caused by the tenant. Upon termination of the contract, the landlord must return the deposit after deducting the cost of any necessary repairs, excluding normal wear and tear.

The RERA Rental Index and Rent Increases

A landlord cannot arbitrarily increase the rent. Any increase must be in accordance with the RERA Rental Index, which is a publicly available online calculator that determines the maximum permissible rent for a property based on its location, type, and size.

Rules for Rent Increase:

90-Day Notice: The landlord must notify the tenant of any intention to increase the rent at least 90 days before the contract expiry date. If this notice is not served, the rent remains the same for the renewal period.
Index Compliance: The increase must fall within the percentage brackets set by the RERA Rental Index. If the current rent is below the average market rent for similar properties, the landlord may be entitled to an increase.

Eviction Grounds and Notice Requirements

The law is highly protective of the tenant’s right to occupy the property. A landlord cannot evict a tenant simply because the contract has expired. Eviction can only occur under specific, legally defined circumstances.

Immediate Eviction (Breach of Contract – Article 25(1))

A landlord may seek immediate eviction (i.e., before the contract expiry) if the tenant is in breach of the contract. Grounds include:

Failure to pay rent within 30 days of a written notification.
Subletting the property without the landlord’s written consent.
Using the property for illegal or immoral purposes.
Causing damage to the property that endangers its safety.
Using the property for a purpose other than that for which it was leased.

Eviction with 12-Month Notice (Landlord’s Right – Article 25(2))

For reasons related to the landlord’s own use or property changes, the landlord must serve the tenant with a formal, written notice via Notary Public or registered mail at least 12 months prior to the intended eviction date. These grounds are strictly limited to:

Personal Use: The landlord (or their next of kin) wishes to use the property for personal residence, provided they do not own another suitable property for this purpose.
Sale: The landlord wishes to sell the property.
Demolition/Reconstruction: The property requires demolition or comprehensive reconstruction that cannot be carried out while the tenant is in occupation, as verified by a technical report from Dubai Municipality.

Crucial Point: If a landlord evicts a tenant for personal use, they are legally prohibited from renting the property to a third party for a period of two years from the date of eviction. Breach of this rule can lead to the tenant seeking compensation through the RDC.

Dispute Resolution: The Rental Disputes Center (RDC)

Should a dispute arise that cannot be resolved amicably, the next step is to approach the Rental Disputes Center (RDC) in Dubai, which was established by Decree No. 26 of 2013. The RDC provides a specialized, swift, and efficient judicial process for resolving rental conflicts.

The RDC Process

Filing the Case: The aggrieved party (landlord or tenant) must file a case at the RDC. A valid EJARI certificate is mandatory for filing.
Mediation: The RDC often mandates a mediation stage, where a mediator attempts to help the parties reach an amicable settlement.
Judicial Hearing: If mediation fails, the case proceeds to a judicial hearing where a judge reviews the evidence and issues a binding judgment.

Costs of Filing a Dispute

The cost of filing a case is typically calculated as a percentage of the annual rent or the claimed amount, with minimum and maximum caps. While fees can vary, the general structure is:

Filing Fee:3.5% of the annual rent (or the claimed amount), with a minimum of AED 500 and a maximum of AED 20,000 (up to AED 35,000 for certain eviction cases).
Administrative Fees: Additional minor charges for translation, power of attorney registration, etc.

Fakher & Co Advantage: Navigating the RDC process requires meticulous preparation and deep knowledge of case law. Our expert contract and real estate lawyers have a proven track record of successfully representing both landlords and tenants at the RDC, ensuring your case is presented with the highest level of legal rigor.

Key Takeaways

Mandatory Registration: All tenancy contracts in Dubai must be registered with EJARI to be legally valid and enforceable.
Legal Foundation: The relationship is governed by Law No. 26 of 2007, as amended, which is designed to protect both parties.
Rent Control: Rent increases are strictly regulated by the RERA Rental Index and require a mandatory 90-day written notice.
Eviction Protection: Landlords can only evict for specific, legally defined reasons, which often require a formal 12-month notice served via Notary Public or registered mail.
Maintenance Responsibility: The landlord is generally responsible for major maintenance and structural repairs, while the tenant handles minor, day-to-day upkeep, unless the contract specifies otherwise.
Dispute Resolution: The Rental Disputes Center (RDC) is the specialized judicial body for resolving all rental conflicts in Dubai.
Expert Support: For complex issues, professional legal counsel is essential to ensure compliance and protect your interests.

Frequently Asked Questions (FAQ)

+Q1: Can my landlord evict me because they found a new tenant willing to pay a higher rent?

No. Finding a tenant willing to pay a higher rent is not a legal ground for eviction under Dubai law. A landlord can only evict a tenant for the specific reasons listed in Article 25 of Law No. 26 of 2007. For reasons like personal use or sale, the landlord must still provide a formal 12-month notice. Any attempt to evict outside these legal grounds should be challenged at the RDC.

+Q2: What is the maximum rent increase my landlord can impose?

The maximum permissible rent increase is determined by the RERA Rental Index. The increase is capped at a maximum of 20% of the current rent, and only if the current rent is more than 40% below the average market rent for similar properties. If your rent is less than 10% below the market average, the landlord cannot impose any increase. Remember, any increase must be communicated via a written notice 90 days before the renewal date.

+Q3: My landlord refuses to carry out a major repair (e.g., a broken AC unit). What should I do?

According to Article 16, the landlord is responsible for major maintenance. First, send a formal written notice (email or registered mail) to your landlord detailing the issue and requesting the repair within a reasonable timeframe. If the landlord fails to respond or act, you may carry out the repair yourself and deduct the cost from the rent, provided you have the necessary evidence (invoices, technical reports) and have given the landlord sufficient notice. For persistent refusal, you should file a complaint with the RDC.

+Q4: Is it mandatory to register EJARI, and what happens if I don't?

Yes, EJARI registration is mandatory for all tenancy contracts in Dubai. If your contract is not registered, it is not legally recognized. This means you will be unable to: File or defend a case at the Rental Disputes Center (RDC). Obtain a new DEWA connection or transfer an existing one. Obtain a residence visa for your dependents (as the contract is required by the DLD). Registration is a simple process and is essential for legal protection.

Protect Your Property Interests: Consult Fakher & Co

The complexities of Dubai’s real estate and contract law demand specialized expertise. Whether you are a landlord facing a difficult eviction process or a tenant seeking to enforce your rights against an unfair rent increase, the stakes are high.

At Fakher & Co Legal Consultancy, we offer more than just legal advice; we offer peace of mind. Our team of expert real estate and contract lawyers, with experience dating back to 2011, provides the comprehensive support you need. We ensure your tenancy contract is watertight, your rights are protected, and any dispute is handled with strategic precision.

Our Commitment to You:

Expertise: Deep knowledge of Law No. 26 of 2007, RERA, and RDC procedures.
Transparency: Clear, upfront, and personalized legal counsel with transparent fee structures.
Integrated Solutions: As part of the SKP Business Federation, we can offer integrated property services, including property management and maintenance coordination through partners like NouMou Properties, ensuring a seamless experience from contract to keys.

Don’t navigate the legal landscape alone. Contact Fakher & Co today for a confidential consultation and secure your future in Dubai’s property market.