Question: I own a 2-room level in Dubai that I leased to a person to remain with his loved ones. I recently learned that a second person lives in the apartment. The family may have sublet a room in the apartment without my knowledge, according to me.
What legal rights do I have here? How would it be advisable for me to respond?
Answer: In Dubai, unless both parties agree to it in a rent agreement, a tenant is not permitted to sublet rented premises that have been assigned to them. “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,” says Article 24 of Law No. 26 of 2007 Regulating the Relationship between Landlords and Tenants in Dubai.
In addition, if a landlord sublets rented premises to a third party without the landlord’s written consent, they can evict a tenant by serving a notice through a notary public or registered mail.
This is in accordance with the following from Article 25 (1) (b) of Law No. 33 of 2008 Amending Law No. 26 of 2007 Regulating the Relationship Between Landlords and Tenants in Dubai: “A landlord may request eviction of the tenant from the Real Property before the expiration of the lease contract only in the following cases: b.
Where the occupant rents the genuine property or any part thereof without getting the landowner’s composed endorsement, where case the ousting will apply to the inhabitant and to the subtenant, who will maintain whatever authority is needed to guarantee pay from the inhabitant. Under these arrangements of regulation, the occupant might have disregarded the conditions of the lease concurrence with you by renting a room of your condo without your composed assent. In addition, according to the revised Dubai Tenancy Law, serving an eviction notice through registered mail or a notary public can lead to eviction proceedings against both the tenant and the subtenant.
Accordingly, as the loft’s proprietor, you are legitimately qualified for start pertinent activity against your occupant for penetrating the conditions of the lease understanding endorsed among you and your inhabitant. You might think about the accompanying advances: Examine the rent agreement: Check the tenancy agreement to see if there are any specific provisions about consent requirements and subletting. Communicate with a tenant: At first, discuss the situation with your tenant verbally and in writing (email or letter), stating that he has sublet a portion of the rented apartment to a third party without your written consent.
You should also ask him to either arrange for the subtenant to leave or pay you financially for any damages (if any). Send a conventional notification: You might consider giving a formal composed notice to your occupant through a Legal official Public or by enrolled post, expressing that they break the tenant contract by renting without your assent and mentioning quick ousting of the leased loft.
Take legal action: If the tenant and the subtenant do not comply with the eviction notice as stated above, you may want to contact the Dubai Rental Dispute Centre (RDC) to start the legal process. All disputes between tenants and owners of Dubai real estate are subject to RDC jurisdiction. Assuming no wrongdoing has been carried out, Dubai police by and large might not have locale.
