Although it is not typical for tenants in Dubai to sublet a rental residence, many tenants do so. There are several reasons why this may occur, but most frequently the tenant’s circumstances have changed.
For instance, if someone renting can’t afford the rent, they would wish to sublease a room to split the expense. When a tenant accepts a 12-month lease but is unable to remain the whole term and is unwilling to pay the penalty, subleasing may be an option. Let’s review the specifics of subleasing in Dubai.
WHAT IS SUB-LEASING
To provide greater perspective, it’s important that you first understand what sub-leasing is. A tenant that rents out their property does so under a sublease. Simply put, it occurs when the tenant rents out the property to a third party. Typically, this occurs in the following situations:
- First, when any agency acquires the building’s master lease and sublets flats to tenants. As a result, each renter in the building is a party to a sublease agreement with the company.
- In the second scenario, a current tenant sublets a rental property in Dubai or rents all or a portion of it to a third party at any time throughout the duration of the agreement.
IS SUBLETTING LEGAL IN DUBAI
In Dubai, Article 24 of Law No. 26 of 2007 governs subleasing. The legislation stipulates that, unless otherwise specified in the lease agreement, the tenant must seek the landlord’s written authorization before subletting the property.
Furthermore, in accordance with Article 25, it is unlawful to sublet a property in Dubai without the landlord’s consent in writing. Simply put, tenants in Dubai aren’t allowed to sublease a property without the landlord’s authorization unless expressly provided for in the tenancy agreement. These regulations govern renting out properties in Dubai.
REQUESTING PERMISSION FROM THE LANDLORD
Tenants are required to get a NOC from their landlord, unless otherwise stated in the contract. However, few landlords are willing to entertain this choice. There are various reasons why a landlord in Dubai won’t let tenants to sublease. These include the landlord being concerned that the subtenant may have some problems or that the subtenant is not as trustworthy as the tenant.
Please be aware that in the event the landlord accepts the subletting of the property, the tenant is liable for any damage caused by the subtenants.
IF TENANTS SUBLEASE WITH THE LANDLORD’S PERMISSION, WHAT HAPPENS?
Without the landlord’s permission, subleasing by a tenant is against the law and a breach of the lease in Dubai. In such an instance, the landlord may remove the tenant and any subtenants from the place of rental without regard to the contract’s expiration date.
In addition, a tenant who sublets a property in Dubai without the landlord’s consent may file a lawsuit as a kind of compensation claim.
WHAT RIGHTS DO TENANTS HAVE TO SUB-LEASE FROM ANOTHER TENANT?
The subtenant has the same tenancy rights as the original tenant in the event of a valid sublease. For instance, if a landlord wants to increase the rent, they must give the subtenants 90 days’ notice and base the increase on the rental index calculator.
Additionally, the sub-tenants are subject to the same eviction rules and laws as the tenants. But only if there is a sublease that is legally enforceable and has a provision for written permission and a clause authorizing subletting. The rights of subtenants are restricted in the absence of a formal sublease agreement, and the landlord has the power to evict them at any moment.
WHAT OPTIONS DO TENANTS IN DUBAI HAVE TO RELEASE?
Many landlords are receptive. That is why it shouldn’t be ruled out that a talk with the landlord to see if something may work is a possibility. The original tenant may transfer the lease to another tenant, for instance, if there is an issue with a subtenant.
On the other hand, if the option of assigning the lease to another tenant isn’t working out, the original tenant may be better off breaking the lease if they can afford the consequences specified in the contract.
The initial tenant might ask the landlord for a contract that allows them to sublease before signing it if they don’t need to rent the property for a full year. Here are some helpful hints for renting with roommates in Dubai.
A different choice is to seek for a short-term rental. Going for short term rentals in Dubai is more flexible than signing a long-term lease if you are certain that you want to rent a property for a few months or a year. Review the distinctions between short-term and long-term rentals in the UAE for further information.
All of it has to do with subleasing in Dubai. In the Emirate, renting out a property is only permitted with the landlord’s consent. Without the landlord’s authorization, tenants may be evicted and face legal repercussions.
