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Dubai: How tenants can sublet apartments without breaking law

Landlord has the right to evict occupants for subletting the rented premises if legal procedures are not followed

Question: I understand sharing apartments without a landlord's approval in Dubai is illegal. How do I go about getting this approval? And will the tenancy contract need to mention the names of all the people sharing the apartment?

Answer: Pursuant to your queries, it is assumed that you are looking for a rented apartment on a sharing basis with your friends. Therefore, the provisions of Law No. 26 of 2007 Regulating the Relationship between Landlords and Tenants in the Emirate of Dubai and Law No. 33 of 2008 Amending Law No. 26 of 2007 Regulating the Relationship Between Landlords and Tenants in the Emirate of Dubai are applicable.

In Dubai, a tenant is not allowed to sublet a rented premises without the landlord's written consent. This is in accordance with Article 24 of the Dubai Tenancy Law, which states, "Unless otherwise agreed by the parties to a lease contract, 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."

Furthermore, a landlord may evict a tenant if he/she sublet the rented premises to a third party without the written consent of a landlord.

This is under Article 25 (1) (b) of the Amended Dubai Tenancy Law, which states, "A landlord may request eviction of the tenant from the Real Property before the expiry of the Lease Contract only in following cases:

"b. Where the tenant sublets the real property or any part thereof without obtaining the landlord's written approval, in which case the eviction shall apply to the tenant and to the subtenant, who shall reserve the right to claim compensation from the tenant."

Based on the aforementioned provisions of law, prior to renting an apartment, you could seek the consent of the landlord to allow you to reside in the apartment with your friends. If the landlord allows you to share the rented apartment with your friends, you may request the landlord for a consent letter which allows your friends listed in the letter to reside with you in the said rented apartment. In the said letter you may mention the details of your friends along with their passport number and/or UAE resident ID card number. Furthermore, you may also request the landlord to include your name and the names of your friends who wish to share an apartment with you in the tenancy contract itself as tenants.

However, the aforesaid option of letting you and your friends reside in a rented apartment on a sharing basis is at the sole discretion of the landlord.

Ashish Mehta is the founder and Managing Partner of Ashish Mehta & Associates. He is qualified to practise law in Dubai, the United Kingdom and India. Full details of his firm on: www.amalawyers.com. Readers may e-mail their questions to: news@khaleejtimes.com or send them to Legal View, Khaleej Times, PO Box 11243, Dubai.

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