If a lease expires but the tenant continues to live in the property, the duration of the contract is automatically extended by a similar period or one year (whichever is shorter) with the same conditions as the previous agreement, unless otherwise agreed by both parties. RERA regulates the real estate sector in Dubai as a whole and regulates the rental rules. As part of the Ejari system, a new rental system has been developed, and it is imperative that all leases are registered in the system. It is important for tenants to note that Dubai`s rental law does not include a provision for early termination of a lease. The Rental Act regulates the relationship between landlords and tenants only as long as the contract is valid. Have you ever wondered how either party can terminate a lease? Here are the steps for you: Law 33 of 2008, which amended some sections of Law 26 of 2007, only states that if the landlord or tenant wishes to change one of the terms of the contract, he is required to provide the other party with notice at least 90 days before the end of the lease. It is also necessary to send a copy of your termination letter to the RDC or Rental Dispute Resolution Centre. The complaint can be accepted by the RDC and the lease can be terminated without penalty to the landlord. This is to be done in article 249 of the Civil Transactions Act, which states: “If exceptional circumstances of a public nature arise as a result of which the performance of the contractual obligation, even if it is not impossible, becomes so oppressive to the debtor that he threatens him with a serious loss, this should be allowed for the judge – in accordance with the provisions of the Civil Transactions Act.” The provisions of The Landlord-Tenant Relations in the Emirate of Dubai (Dubai Rental Act) Act No. 26 of 2007 and the Dubai Rental (Amendment) Act No. 33 of 2008 to amend The Landlord-Tenant Relations In the Emirate of Dubai Act No. 26 of 2007 (the amended Dubai Tenancies Act) apply. The rental agreement cannot be terminated unilaterally by the landlord or the tenant, but can be terminated by mutual agreement between the landlord and the tenant during the term of the contract.
This is in line with Section 7 of the Dubai Rental Act, which states: “A legal lease cannot be terminated unilaterally by the landlord or tenant for its entire duration. It may be terminated only by mutual agreement or in accordance with the rules of this Act. In the tenant-landlord relationship, the landlord retains ownership of the property and the tenant receives the right to use the property against the rental value they pay for the unit. The tenant is expected to take care of the property and the landlord is responsible for the maintenance as described in the agreement. It is important that both parties maintain a good relationship, as this develops mutual trust, and is especially important in case of problems. The landlord and tenant can agree to a rent reduction by mutual agreement; early termination of the lease; rent-free period options; or other concessions due to the pandemic. In all of the above cases, the landlord must inform the tenant of the reasons for the eviction at least ninety (90) days before the agreement expires. If you believe your landlord has unreasonable grounds for eviction, you can file a formal complaint with the Rental Dispute Resolution Centre (RDSC), a body specifically set up to resolve all landlord-tenant disputes in Dubai. According to Dubai`s Rental Act (Article 4), it is mandatory to have the terms of a rental agreement in writing and register with RERA. In the absence of a formal lease, both parties are not legally protected by RERA.
As a result, the Rent Dispute Resolution Committee (CDSR) and other relevant government agencies are not able to review or intervene in disputes that may arise from a tenancy not registered with reRA, as it is not considered a legally binding contract. .
