Question: I possess a 2-bedroom apartment in Dubai which I leased to an individual for his family's residence. Recently, I discovered that an additional person is residing in the apartment. I believe the family has sublet a room without my consent. What are my legal rights in this situation? What actions should I take?
Answer: According to Article 24 of Law No. 26 of 2007, which governs landlord-tenant relationships in Dubai, a tenant cannot sublet the premises they rent without the landlord's written approval, unless otherwise stipulated in the rental agreement. The law explicitly states, "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, which amends the aforementioned law, allows a landlord to evict a tenant by serving a notice through a notary public or registered post if the tenant sublets the property without consent. The eviction applies to both the tenant and the subtenant, who may seek compensation from the tenant.
Given these legal provisions, your tenant may have breached the rental agreement by subletting a room in your apartment without your written consent. You are legally entitled to take action against your tenant for violating the terms of the rental agreement. Here are the steps you might consider:
1. Review the rental agreement for any clauses regarding subletting and consent requirements.
2. Communicate with your tenant verbally and in writing, informing them that they have sublet the apartment without your consent and requesting the subtenant's immediate removal and any necessary compensation for damages.
3. Issue a formal written notice to your tenant through a Notary Public or registered post, stating the breach of the rental agreement and requesting immediate eviction.
4. If the tenant and subtenant do not comply with the eviction notice, consider approaching the Dubai Rental Dispute Centre (RDC) to initiate legal proceedings.
Ashish Mehta, the founder and Managing Partner of Ashish Mehta & Associates, is qualified to practice law in Dubai, the UK, and India. For more details about his firm, visit www.amalawyers.com. Readers can email their questions to news@khaleejtimes.com or send them to Legal View, Khaleej Times, PO Box 11243, Dubai.
