Question: A neighbour recently told me that my rented property in Dubai was being used by many individuals although I rented it to just one person. I went to carry out an inspection the other day, only to see my two-bedroom apartment transformed into a hostel.
The living room had been partitioned, with three bunk beds in it, and there were more bunk beds in the bedrooms, none of which were there when I let it out.
I had never seen the occupants before, and my tenant was neither around nor answering my calls. I did not sign up for this and want my apartment back to what it was. What are my options? MG, Dubai
Answer: Sub-leasing is not allowed in the UAE if the landlord is not aware of it, and your tenant has broken the rules. I don’t know how your tenant has paid you the rent beforehand, nor in what quantities with reference to the cheques, but presumably as he has subleased your apartment, he has effectively created a business for himself.
Dubai Municipality does not allow partitioning of apartments due to health and safety concerns, especially with the threat of fire when overcrowding is at play, so the partitions need to come down immediately.
You can inform your tenant of the same and just like when rent is overdue, you can give him 30 days’ written notice to put everything back as it was. All the illegal tenants need to be evicted. The fallout of this is not your concern, but it needs to be done within the time frame requested, otherwise you can file a case at the Rent Dispute Settlement Committee to reclaim your property.
Unfortunately, cases like these are quite common. The Dubai Municipality will be able to help reclaim your property. The process can be quite stressful, but the law is on your side. The occupants can then seek compensation from the original tenant.
Q: I bought a property off-plan a few years ago, but the project has been delayed several times. What are my rights as a buyer? PD, Sharjah
A: Buying off-plan in Dubai can offer attractive pricing and the potential of capital appreciation before handover, but it also carries risks, especially delays.
Fortunately, the Dubai Land Department (DLD) and Real Estate Regulatory Authority (Rera) have implemented strong protections to minimise these risks.
All off-plan payments must be deposited into an escrow account managed by the developer and monitored by Rera. This ensures that funds are only released in proportion to construction progress and safeguards the investor all throughout the process.
If your project has been delayed beyond the agreed delivery date (a developer can be 12 months in delay without being in breach of the law) and you have a valid sale and purchase agreement (SPA), you can first request an updated timeline and construction report from the developer. If delays are unreasonable or unjustified, Rera may intervene. In some cases, Rera will instruct developers to refund buyers or offer compensation in the form of discounts or alternate units.
In extreme situations, such as project cancellation, Rera may liquidate the escrow account and compensate buyers, although this can take time. You are encouraged to keep all documentation, including payment receipts and correspondence with the developer. If negotiations fail, you may lodge a formal complaint with the DLD or seek redress through the Dubai Courts.
Q: I received a 12-month eviction notice saying the landlord wants to sell the property, but I saw it listed again for rent. Can I challenge this? JP, Dubai
A: Dubai tenancy law allows landlords to evict tenants with 12 months’ notice only under specific circumstances as defined in Article 25 of Law No. 33 of 2008. These include if the owner wishes to sell the property or move in themselves or a first-degree relative. However, this notice must be delivered through notary public or registered mail to be legally valid. If you received it in any other manner, such as email or WhatsApp, the notice is not legal.
If you have received the notice claiming the property is being sold, but you now see it advertised again for rent, this may constitute a misuse of the law.
The RDSC has ruled in favour of tenants in similar cases where landlords falsely claimed intent to sell or occupy the property but re-let it for profit instead.
You can file a case with the RDSC and present evidence (for example, screenshots of the rental advertisement and especially communication with the agent). It is very important you have the correct evidence because often agents do not use the correct photos, so it can seem that it’s your unit when perhaps it is not.
If the landlord is found guilty, the rent committee may cancel the eviction or even fine the landlord. The intent to evict must be genuine, and the burden of proof often falls on the landlord to demonstrate it. That’s why when an eviction is for reason of moving in themselves or their first degree next of kin, it is on the landlord to prove they do not own a similar unit that could be used instead.
The opinions expressed do not constitute legal advice and are provided for information only. Please send any questions to mario@novviproperties.com
