Subletting can be a complex issue for property owners, especially when done without consent. In Dubai, strict regulations govern tenant subletting, and unauthorized subletting can lead to legal repercussions. This guide provides an overview of your legal rights and the steps you should take if you discover your property has been sublet without your permission.
Question: I own a 2-bedroom flat in Dubai that I rented to an individual for his family. Recently, I discovered another person staying at the flat, and I suspect the family has sublet a room without my knowledge. What are my legal rights, and what should I do?
Answer: In Dubai, a tenant is not allowed to sub-let rented premises without the landlord's written consent unless explicitly permitted in the rental agreement. According to Article 24 of Law No. 26 of 2007 Regulating the Relationship between Landlords and Tenants in Dubai,
"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."
Moreover, the landlord has the right to evict the tenant if the property is sublet without permission. As per Article 25 (1) (b) of Law No. 33 of 2008 Amending Law No. 26 of 2007,
"A landlord may request eviction of the tenant from the Real Property before the expiry of the lease contract if the tenant sublets the real property or any part thereof without obtaining the landlord's written approval. This eviction shall apply to both the tenant and the subtenant, who retains the right to claim compensation from the tenant."
Based on these laws, your tenant may have violated the terms of your rental agreement by subletting the flat without your consent. You have the legal right to take action against the tenant.
Here are the steps you should consider:
- Review the Rental Agreement: Examine your tenancy agreement for any specific clauses regarding subletting and the requirements for obtaining consent.
- Communicate with the Tenant: Initially, discuss the issue with your tenant both verbally and in writing, either by email or letter. Inform the tenant that they have breached the agreement by subletting without your written consent and request them to have the subtenant vacate the premises. You may also seek monetary compensation for any damages caused.
- Send a Formal Notice: If the tenant does not comply, issue a formal written notice through a Notary Public or by registered post. State that they are in breach of the rental agreement and demand the immediate eviction of the subtenant.
- Consider Legal Action: If the tenant and the subtenant do not vacate the property based on the eviction notice, you may approach the Dubai Rental Dispute Centre (RDC) to initiate legal proceedings.
The RDC has jurisdiction over all disputes between property owners and tenants in Dubai. Unless a crime has been committed, the Dubai police generally do not have jurisdiction over such matters.
As the property owner, you are legally entitled to take action against your tenant for breaching the rental agreement. By following these steps, you can address the issue and seek resolution through the appropriate legal channels.
News Source: Khaleej Times
