How Tenants Can Sublease Apartments Without Breaking the Law
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The landlord has the right to evict occupants for subletting the rented premises if legal procedures are not followed.
Ask: I understand that sharing apartments without the owner’s approval in Dubai is illegal. How do I get this approval? And will the lease need to mention the names of all the people sharing the apartment?
Answer: According to your queries, it is assumed that you are looking for a rented apartment to share 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 cannot sublet rented premises without the written consent of the owner. this is below Article 24 of the Dubai Leases LawWhat states,
“Unless otherwise agreed by the parties to a rental contract, the tenant may not sublease or assign the use of the property to third parties, unless he obtains the corresponding written consent from the landlord.”
Additionally, a landlord may evict a tenant if the tenant subleases the rented premises to a third party without the landlord’s written consent.
this is below Article 25 (1) (b) of the Dubai Leases Law as amendedWhat states,
“A landlord may request the eviction of the tenant from the Real Estate before the expiration of the Lease Contract only in the following cases:
“b. When the tenant sublets the property or any part of it without obtaining the written approval of the landlord, in which case the eviction will be the responsibility of the tenant and the subtenant, who will reserve the right to claim compensation from the tenant.”
Based on the above-mentioned legal provisions, before renting an apartment, you can request the landlord’s consent to allow you to reside in the apartment with your friends. If your landlord allows you to share the rented apartment with your friends, he or she can ask you for a letter of consent allowing the friends listed in the letter to reside with you in the rented apartment. In such a letter you can mention your friends’ details along with their passport number and/or UAE resident ID card number. In addition, you can also ask the owner to include your name and that of your friends who wish to share an apartment with you in the rental contract itself as tenants.
However, the aforementioned option of allowing you and your friends to reside in a shared rented apartment is at the sole discretion of the owner.
News Source: Khaleej Times
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