Tenants can’t share the property with a third party
August 5, 2024
Tenants can’t share the property without the permission of the landlord in Dubai as well as in the UAE. A tenant in Dubai and UAE is not permitted by Law to sublease the property without the permission of the landlord. What law states that this consent or approval must be in a written format and obtained from the landlord? Absence of such written consent or agreement, by the developer will be entertained like having no permission or approval. There is no support for any verbal permission or promise in law. Documentation can be better understood through Lawyers in Dubai. UAE Law regulates the landlord and tenant relationships. Article 24 of 2007, states that the tenant has no right to sublease the property to a third party or third parties, without the written permission of the landlord, either partially or fully. Let’s explore in detail below:
- Based on the standard rule, a landlord has absolute right over the property and he can evict a tenant by serving 1-year notice prior to eviction. This is a condition that, the landlord has to issue a notice through a notary, to evict the property. Apart from that if it is found that the tenant is subleasing the premises to a third party without the permission or consent of the landlord then the landlord has the right to serve the notice through a notary public for the eviction. Before the expiry of the contract, the landlord has no right to evict the premises except if the premises are subleased or being used in activities against the law. Even a part of the property can’t be subleased without the permission of the landlord. It allows the landlord to be compensated by the tenant as well. In such situations, the eviction proceedings are executed ASAP.
Draft the contracts very carefully:
The landlord should draft the tenancy contracts very carefully where there must be given no flexibility to tenants, for conducting such subleasing activities. The landlord must convey the message very clearly, to tenant. Breach provides multiple legal options to the landlord. Eviction is one of the options for the landlord. The landlord can also open the case for compensation purposes. Please get the assistance of professional lawyers or advocates. Lawyers or advocates in Dubai are very popular for offering such services.
Warning Letter:
- The landlord can also send a warning to the tenant initially if he wants.
- The landlord can also send a warning notice through NOTARY to the tenant.
- The landlord has the right to send a pre-eviction notice to the landlord.
Assistance of Lawyers:
- The landlord can also take the assistance of lawyers in this regard.
- They can consult the lawyers and legal consultants if they think it necessary to open a case against the tenant. When the plan is the be compensated or teach a lesson to tenants rather than just a warning, then Emirati Real Estate Lawyers can help better.
Permission to add further space, constructing room partitions in premises?
Dubai Municipality has one sub department known as The Building and Government Housing Department of Dubai Municipality, and this department has the right to issue construction approvals, and repair approvals in Dubai. As per law, individuals can’t carry out any sort of construction work in any building or property. Full, partial, permanent or temporary, nothing is allowed to any individual to carry out any construction work in a building or premises without the approval. Approval is issued by Dubai Municipality.
The application needs to be submitted:
At the beginning, an application has to be submitted for the approval. This application can be submitted by owner, contractor or engineer. Article 5 of Dubai Local Order # 3 of 1999 states that the first applicant has to submit the application to the department. He has to submit the required documents as well. After getting approval from the Building and Housing Department of Municipality, owner can carry out the construction work. The construction can be implemented as per the provided approval. No addition or change can be implemented other than the drawings and approval of this department. NOC from a developer or community management team is also required.
Article 19, Article 20, Article 21, Article 26, Dubai Local Order 3 of 1999, also explains these obligations and rules. These clauses also throw the light on permissions and approvals.