Subletting can be a complex issue for property owners, particularly when it occurs without their consent. In Dubai, strict regulations govern tenant subletting, and unauthorized subletting can lead to serious legal consequences. This guide outlines the legal rights of property owners and the steps to take if you discover your property has been sublet without 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, tenants are not allowed to sublet 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.”
Additionally, Article 25 (1) (b) of Law No. 33 of 2008 Amending Law No. 26 of 2007 provides that:
“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 breached the terms of your rental agreement by subletting the flat without your consent. As the landlord, you have the right to take action against the tenant.
Steps to Consider:
- Review the Rental Agreement: Check your tenancy agreement for any clauses related to subletting and the process for obtaining consent.
- Communicate with the Tenant: Discuss the issue with your tenant verbally and in writing. Inform them of the breach and request that the subtenant vacates the premises. You may also seek 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 after receiving the notice, approach the Dubai Rental Dispute Centre (RDC) to initiate legal proceedings. The RDC handles all disputes between property owners and tenants in Dubai.
By following these steps, you can address the issue of unauthorized subletting and seek resolution through the appropriate legal channels.
