The Rental Disputes Center, the judicial arm of the Dubai Land Department, obligated a tenant to vacate a property as it was found to be subleased without the owner's written consent.
The RDC referred in one of its rulings perused by the Arabic daily “Emarat Al-Youm”, that the real estate owner was able to prove through his "Petition Order" that the tenant rented the housing unit without owner’s written consent.
Briefing on the above, the Rental Disputes Center, the judicial arm of the Dubai Land Department, said in its grounds of ruling to evict one of the residential units that the tenant had sublet the unit without the owner's approval, although it was not allowed to do so without the owner's written consent. The law enabled the owner, in the absence of written consent, to file an eviction claim against his tenant.
The burden of proof of sublease is on the plaintiff (the owner). In this case, the eviction will apply to both the tenant and subtenant. However, the subtenant’s right to claim a compensation from the tenant will be preserved.
The instruments of lawsuit brought by the plaintiff (owner of the property) proved that the defendant (the tenant) subleased the unit. The owner filed a Petition Order for an inspection that found the unit was occupied by five girls, was proven by the (residents) in their own confessions that they subleased the unit each paying AED 500 per month. Although the defendant had submitted evidence stating the residents of the leased unit were defendant’s employees, but failed to prove that they were provided with accommodation free of rent, nor did the defendant submit the RDC judicial committee a written consent issued by the real estate unit owner.
The verdict was based on the provisions of Law No. (33) of 2008 amending Law No. (26) of 2007 Regulating the Relationship between Landlords and Tenants in the Emirate of Dubai. Article (25) (1) (b) of the aforementioned law, stipulates that if the Tenant sublets the Real Property or any part thereof without obtaining the Landlord’s approval in writing, the eviction, in this case, will apply to both the Tenant and Subtenant. However, the Subtenant’s right to claim a compensation from the Tenant will be preserved.
The law also stipulates that the landlord will give Notice to the tenant through a Notary Public or registered post.
Article 24 of Law No. (26) of 2007 stipulates that the tenancy contract must contain an agreement to assign the use of property or its sublease. The tenant may not assign the use of or sublease the Real Property to third parties unless written consent of the landlord is obtained. Legislator, therefore, makes it a mandatory for the tenant to have a written consent from the landlord. Failing to submit such consent, his assigning or subletting the property is considered a breach of law.