Civil Law and UAE: Landlord–Tenant Disputes Under UAE Tenancy Laws

Dubai Law No. 26 of 2007, as Amended by Law No. 33 of 2008

Important scope: This discussion concerns Dubai onshore tenancy law. DIFC and ADGM have separate regimes, and Abu Dhabi and other emirates have their own tenancy legislation. Dubai Law No. 26 of 2007 was substantially amended by Law No. 33 of 2008, and the two should be read together.

1. Introduction

Landlord–tenant disputes in Dubai arise when the parties disagree over:

• rent;
• rent increases;
• renewal;
• termination;
• eviction;
• maintenance and repairs;
• security deposits;
• subletting;
• misuse of premises;
• property damage;
• personal use by the landlord;
• redevelopment or demolition;
• notice requirements;
• possession after expiry; and
• compensation.

The principal legislation is Dubai Law No. 26 of 2007 Regulating the Relationship between Landlords and Tenants, as amended by Dubai Law No. 33 of 2008. The legislation establishes the rights and obligations of both parties and regulates when a landlord can recover possession.

The Rental Disputes Settlement Centre (RDSC), established under Dubai Decree No. 26 of 2013, is the specialist mechanism for rental disputes.

2. Objectives of Dubai Tenancy Law

The legislation seeks to create stability in the rental relationship while balancing the interests of landlords and tenants.

Its major objectives include:

1. contractual stability;
2. protection against arbitrary eviction;
3. protection of the landlord's ownership rights;
4. regulation of rent increases;
5. preservation of the tenant's right to peaceful enjoyment;
6. regulation of termination;
7. prevention of misuse of leased property; and
8. specialised resolution of rental disputes.

The Dubai Government's current explanatory notes expressly describe the legislation as intended to ensure stability of tenancy transactions, protect both parties and prevent abuse by either party.

3. Scope of Application

Article 3 of Law No. 26 of 2007 applies to real property leased in Dubai, including:

• residential premises;
• commercial premises;
• professional premises;
• business premises;
• vacant land; and
• agricultural land,

subject to the statutory exclusions. Hotel establishments and certain employee accommodation supplied free of charge are excluded.

This is important because Dubai tenancy law should not automatically be applied to DIFC or ADGM property merely because the property is geographically located in Dubai or Abu Dhabi.

4. Written Lease Contract

Article 4 requires the tenancy relationship to be documented through a written lease containing important particulars such as:

• description of the property;
• purpose of tenancy;
• ownership information;
• property identification;
• area;
• duration;
• rent; and
• payment method.

The legislation also requires registration of applicable tenancy contracts through the RERA framework.

Practical significance

A properly documented tenancy contract helps establish:

Who → leased what → for what purpose → for how long → at what rent → subject to what obligations.

5. Ejari and Registration

Registration is highly important in Dubai tenancy disputes.

The registration system creates an official record of:

• landlord;
• tenant;
• premises;
• rent;
• term; and
• contractual relationship.

The statutory framework originally provided that judicial and governmental authorities should not consider claims relating to covered tenancy contracts unless the contract is registered in accordance with applicable rules.

Therefore, parties should preserve:

• Ejari certificate;
• tenancy contract;
• renewal documents;
• payment receipts;
• rent cheques;
• notices;
• correspondence.

6. Automatic Renewal

Article 6 is important where the tenancy expires but the tenant remains in possession and the landlord does not object.

The lease can continue on the statutory renewal basis rather than simply disappearing on the expiry date. Current explanations of the law describe renewal as being for the same period or one year, whichever is shorter, on substantially the same terms.

Principle

Expiry of the written term does not necessarily mean:

“Tenant automatically becomes an unlawful occupant.”

The circumstances after expiry must be examined.

7. Rent Increase

Rent increases are one of the most common Dubai tenancy disputes.

The framework involves:

• Law No. 26 of 2007;
• Law No. 33 of 2008;
• RERA regulations; and
• Decree No. 43 of 2013 concerning rent increases.

The landlord cannot simply impose an arbitrary increase merely because the market has increased.

The permitted increase is connected to the applicable RERA rental valuation framework. The Dubai Land Department confirms that the owner must consult the Rental Increase Calculator to determine the legally permitted increase.

8. Ninety-Day Notice for Changes

Where a party wants to change relevant terms at renewal, including rent, the statutory notice framework becomes important.

Generally, the party seeking modification must give the required notice before expiry.

This creates an important distinction:

Rent increase dispute

concerns how much rent may lawfully be charged.

Eviction dispute

concerns whether possession can lawfully be recovered.

They should not be confused.

9. Landlord's Maintenance Obligations

The landlord generally has important obligations concerning the condition and maintenance of the leased property.

The tenancy contract may allocate certain maintenance responsibilities between the parties, but statutory obligations and the nature of the repair remain relevant.

Typical disputes involve:

• air-conditioning;
• plumbing;
• water leakage;
• structural defects;
• electrical problems;
• major installations;
• building systems;
• serious defects affecting use.

The legal analysis therefore begins with:

Lease terms → statutory duties → nature of defect → responsibility → damage.

10. Tenant's Maintenance Obligations

Article 19 requires the tenant to:

• pay rent on time;
• maintain the property as an ordinary person would maintain his own property; and
• comply with restrictions concerning alterations and maintenance.

The tenant cannot ordinarily carry out significant changes without the landlord's permission and required governmental approvals.

11. Security Deposit

Article 20 permits the landlord to obtain a security deposit to secure maintenance obligations at the end of the tenancy.

However, the landlord is required to refund the deposit, or the remaining balance, after expiry subject to legitimate deductions.

Typical dispute

Tenant:

“The landlord has wrongfully retained my deposit.”

Landlord:

“The property required repair beyond ordinary wear and tear.”

The decisive evidence may include:

• photographs;
• inspection reports;
• invoices;
• quotations;
• move-in condition report;
• move-out inspection;
• correspondence.

12. Ordinary Wear and Tear

Article 21 requires the tenant to surrender the property in the condition in which it was received, subject to ordinary wear and tear and damage beyond the tenant's control.

Thus:

ordinary deterioration ≠ compensable tenant damage.

Examples potentially involving ordinary wear:

• minor paint deterioration;
• ordinary aging;
• normal deterioration of fixtures.

Examples potentially involving tenant responsibility:

• broken doors;
• serious unauthorized alterations;
• deliberate damage;
• negligent destruction.

The facts and evidence determine the result.

13. Subletting

Article 24 generally prohibits assignment or subletting without the landlord's written consent, unless otherwise agreed.

Unauthorised subletting can become an eviction ground under Article 25.

This is particularly relevant to:

• unauthorised Airbnb-type arrangements;
• room rentals;
• commercial subletting;
• transfer of possession;
• assignment to another business.

14. Eviction During the Tenancy

This is one of the most important principles.

Article 25(1), as amended by Law No. 33 of 2008, provides specific circumstances in which a landlord can seek eviction before expiry of the lease.

Important grounds include:

1. non-payment of rent;
2. unauthorised subletting;
3. illegal use;
4. serious property damage;
5. misuse or unauthorised purpose;
6. circumstances involving dangerous property; and
7. failure to comply with statutory or contractual obligations after the required notice.

The 2008 amendment substantially reorganised Article 25.

Central principle

A landlord does not generally have a free-standing right to terminate a fixed-term tenancy merely because the landlord prefers to recover the property.

15. Non-Payment of Rent

Under Article 25(1)(a), eviction for non-payment is subject to the statutory notice mechanism.

The tenant must fail to pay rent, or part of it, within the specified period after receiving the required notice.

Therefore:

Unpaid rent + statutory notice + failure to cure = potential eviction claim.

A landlord should preserve proof of:

• amount due;
• payment schedule;
• dishonoured cheque;
• notice;
• service;
• expiry of cure period.

16. Unauthorised Subletting

Under Article 25(1)(b), unauthorised subletting may constitute a ground for eviction.

The legislation also addresses the position of the subtenant and potential compensation claims against the tenant who improperly sublet.

17. Illegal or Improper Use

A tenant may face eviction where the property is used:

• illegally;
• contrary to public order or morals;
• contrary to the permitted contractual purpose; or
• contrary to applicable planning, construction or land-use regulations.

This demonstrates that tenancy law is connected with broader regulatory law.

18. Property Damage

Article 25 also addresses serious damage caused by:

• deliberate acts;
• gross negligence;
• unsafe alterations; or
• allowing others to damage the property.

The landlord must establish the statutory conditions rather than simply alleging that the property has suffered damage.

19. Eviction After Expiry

Article 25(2) creates a fundamentally different regime.

After expiry, a landlord may seek possession on specified grounds, including:

1. government-required demolition/reconstruction;
2. comprehensive renovation or maintenance that cannot reasonably be performed while occupied;
3. demolition/reconstruction or additional construction;
4. recovery for the landlord's own use or use by qualifying first-degree relatives.

The relevant technical and governmental requirements must be satisfied where applicable.

20. Twelve-Month Notice

This is one of the most important developments resulting from the 2008 amendment.

For the Article 25(2) grounds, the landlord must generally give at least 12 months' notice, through the legally prescribed method, before the intended eviction.

Current explanations of Article 25 distinguish sharply between:

• breach-based eviction during the tenancy; and
• no-fault statutory recovery after expiry.

Important distinction

90 days ≠ 12 months

The 90-day framework is associated with changes to contractual terms at renewal.

The 12-month requirement applies to the specified Article 25(2) recovery grounds.

21. Personal Use by Landlord

A landlord may seek possession for personal use or use by qualifying first-degree relatives, but the statutory conditions must be satisfied.

A simple statement such as:

“I want my apartment back.”

does not by itself eliminate the statutory requirements.

The landlord must comply with:

• proper ground;
• proper notice;
• prescribed service;
• expiry requirements; and
• other statutory conditions.

22. Restriction on Re-Renting After Personal-Use Eviction

Article 26, as amended, imposes consequences where possession was recovered for personal use and the property is subsequently re-let in breach of the statutory restriction.

The tenant may seek compensation where the statutory conditions are violated.

This provision is designed to prevent the statutory personal-use ground from being used merely as a mechanism to remove a tenant and immediately replace the tenant with another occupant.

23. Tenant's Right of First Refusal to Return

Article 29 provides a tenant with a right concerning return to the property after qualifying demolition/reconstruction or renovation/restoration, subject to the statutory requirements.

The tenant must exercise the right within the specified period after notification.

24. Landlord Cannot Use Self-Help Eviction

A landlord cannot simply:

• change the locks;
• remove the tenant's possessions;
• disconnect essential services; or
• physically prevent access

instead of following the lawful dispute-resolution and enforcement process.

Article 34 specifically prohibits the landlord from disconnecting services or disturbing the tenant's use and enjoyment. The tenant may approach the police and/or the rental dispute forum and seek compensation supported by official evidence.

The Dubai Government's 2026 explanatory note confirms that Article 34 protects quiet enjoyment and explains that official reports can be used to establish interference and support a compensation claim.

25. Quiet Enjoyment

The landlord's ownership does not eliminate the tenant's right to peaceful use of the leased property.

The principle can be expressed as:

Ownership gives the landlord title; the lease gives the tenant a temporary right of use and enjoyment.

Accordingly, unlawful interference with possession may give rise to:

• police intervention;
• restoration of peaceful enjoyment;
• compensation;
• other appropriate relief.

The 2026 official explanatory note specifically recognises material and non-material harm resulting from landlord interference as potentially relevant to compensation.

26. Rent During Eviction Proceedings

Article 31 is especially important.

The filing of an eviction claim does not automatically stop the tenant's rent obligation.

Rent continues for the period during which the dispute is being considered and until the award is rendered and executed.

Therefore:

Filing an eviction case ≠ automatic end of rent liability.

27. Arbitration

The parties may agree to arbitration for disputes arising from the performance of the lease.

Article 32 regulates the consequences of such an agreement and restricts actions that would affect the property or the parties' rights and obligations while the agreed dispute mechanism is relevant.

However, the relationship between arbitration, mandatory tenancy protections and the jurisdiction of the rental dispute system must be analysed carefully in each case.

28. Rental Disputes Settlement Centre

Dubai's specialised rental-dispute system is now administered through the Rental Disputes Settlement Centre (RDSC) established by Decree No. 26 of 2013.

Typical disputes include:

• rent arrears;
• eviction;
• rent increases;
• renewal;
• deposits;
• maintenance;
• compensation;
• unlawful interference;
• possession.

Dubai Courts describe the specialised judicial structure as including specialised real-estate judicial circuits, while the RDSC provides the dedicated rental-dispute mechanism.

29. Case Law

A caution is important here: reported UAE tenancy judgments are not always published with easily searchable English case names and citation numbers. Accordingly, the following authorities include directly relevant Dubai/DIFC rental decisions and UAE judicial principles that are useful in analysing landlord–tenant disputes. They should not all be described as identical Article 25 fact patterns.

Case 1 — Gervois v Gittana LLC & Gacinta LLC, [2016] DIFC SCT 078

This case concerned the attempted application of Dubai Law No. 26 of 2007 to a DIFC lease.

The claimant argued that the lease incorporated Dubai Tenancy Law and therefore its termination protections applied.

The DIFC Court examined whether the Dubai legislation had actually been incorporated into the lease and considered the significance of the contractual reference to Article 4(2).

Principle

Dubai's Tenancy Law does not automatically govern every lease physically located in the wider geographical area of Dubai.

Importance

This is particularly important for distinguishing:

Dubai onshore lease → Dubai Tenancy Law

from

DIFC lease → DIFC leasing framework.

Case 2 — Dubai Court of Cassation Civil/Real-Estate Tenancy Jurisprudence on Article 25

Dubai Court of Cassation has consistently treated the special tenancy legislation as controlling where it specifically regulates termination and eviction.

The significance of this line of authority is that the court does not simply analyse the matter under general contractual principles while ignoring the special statutory protections.

Principle

Special tenancy legislation + lease contract must be read together.

Application

A landlord seeking eviction must identify the precise statutory ground and satisfy its conditions.

The Dubai Court of Cassation is the highest judicial court in Dubai and is responsible for ensuring legal conformity and unifying judicial interpretation.

Case 3 — Dubai Court of Cassation Jurisprudence on Personal-Use Eviction

Dubai judicial decisions concerning recovery for landlord personal use emphasise compliance with the statutory requirements governing the relevant eviction ground.

Principle

A landlord's assertion of personal need is not, standing alone, a substitute for compliance with Article 25's procedural and substantive requirements.

Application

The court/RDSC may examine:

• validity of notice;
• timing;
• qualifying beneficiary;
• statutory conditions;
• actual possession;
• subsequent re-letting.

This principle is particularly important where a tenant alleges that the personal-use ground was invoked merely to terminate the existing tenancy.

Case 4 — Dubai Court of Cassation Jurisprudence on Non-Payment of Rent

Dubai judicial tenancy jurisprudence recognises payment of rent as a fundamental obligation of the tenant.

Principle

Failure to pay contractual rent may justify recovery proceedings and, where Article 25's statutory requirements are satisfied, eviction.

Application

The landlord should establish:

rent due → non-payment → proper notice → failure to cure → statutory entitlement.

The statutory 30-day notice mechanism is expressly provided by Article 25(1)(a).

Case 5 — Dubai Court of Cassation Jurisprudence on Rent Increases

Dubai courts have applied the special regulatory framework governing rental increases rather than treating every landlord demand as automatically enforceable.

Principle

A rent increase must comply with the applicable statutory and RERA framework.

Application

The dispute may require examination of:

• existing rent;
• applicable RERA valuation;
• permitted increase;
• notice;
• timing;
• renewal date.

The Dubai Land Department confirms the legal relevance of its Rental Increase Calculator in determining the permissible increase.

Case 6 — Dubai Court of Cassation Jurisprudence on Tenant's Misuse of Property

Dubai judicial principles concerning leases recognise that a tenant must use the premises consistently with:

• the lease;
• its permitted purpose;
• the nature of the property; and
• applicable legal requirements.

Principle

Serious misuse or damage can justify statutory remedies, including eviction where Article 25 is satisfied.

Article 25 expressly covers illegal use, misuse, dangerous alterations, serious damage and violations of land-use requirements.

Case 7 — UAE Federal Supreme Court Civil-Law Jurisprudence on Binding Contracts

UAE civil jurisprudence generally recognises the binding force of valid contracts.

Principle

The lease agreement is an important source of the parties' rights and obligations.

However:

Contractual freedom is subject to mandatory statutory tenancy provisions.

Therefore, a contractual clause cannot simply be used to eliminate a mandatory statutory notice or eviction protection.

This principle is particularly important when interpreting the relationship between the tenancy agreement and Dubai Law No. 26 of 2007.

Case 8 — Gervois v Gittana LLC & Gacinta LLC, [2016] DIFC SCT 078 — Jurisdictional Application

The same decision is also significant from a broader jurisdictional perspective because it illustrates that the question:

“Which tenancy law governs?”

must be answered before determining the substantive rights.

The DIFC Court considered whether the parties had incorporated Dubai Law No. 26 of 2007 contractually.

30. Important Distinction Between Contract and Statute

A landlord–tenant relationship should therefore be analysed in this order:

Step 1

Identify the property jurisdiction.

Step 2

Identify the applicable tenancy legislation.

Step 3

Read the tenancy contract.

Step 4

Identify the statutory obligation.

Step 5

Identify the alleged breach.

Step 6

Check notice requirements.

Step 7

Check whether the breach was cured.

Step 8

Determine the appropriate remedy.

This avoids the common mistake of reading the lease contract without considering mandatory tenancy legislation.

31. Evidence in Landlord–Tenant Disputes

Important evidence includes:

Contractual evidence

• Ejari;
• tenancy agreement;
• renewal agreements;
• addenda.

Payment evidence

• rent cheques;
• bank transfers;
• receipts;
• payment schedules.

Notice evidence

• Notary Public notice;
• registered mail;
• delivery confirmation;
• correspondence.

Property evidence

• photographs;
• inspection reports;
• maintenance records;
• expert reports.

Communication

• emails;
• WhatsApp messages;
• letters;
• landlord notices.

Regulatory evidence

• RERA calculations;
• Dubai Municipality reports;
• permits;
• government orders.

32. Burden of Proof

A landlord seeking eviction should prove the statutory ground.

A tenant defending an eviction may raise matters such as:

• rent has been paid;
• notice was defective;
• breach was cured;
• alleged damage is ordinary wear and tear;
• the landlord failed to satisfy a statutory condition;
• the property is being used according to the lease;
• the eviction ground is legally unavailable.

The court or RDSC evaluates the evidence and applicable statutory requirements.

33. Compensation

Compensation may arise where one party suffers legally established loss because of the other's unlawful conduct.

Examples include:

• wrongful interference with possession;
• unlawful retention of deposit;
• property damage;
• failure to perform contractual obligations;
• wrongful eviction-related losses;
• prohibited landlord interference.

Article 34 specifically allows a tenant to pursue damages for unlawful landlord interference supported by official reports.

34. Common Landlord–Tenant Disputes

35. Key Principles for Revision

1. Lease stability

A fixed-term lease cannot ordinarily be terminated simply at the landlord's convenience.

2. Registration

Proper registration/Ejari documentation is highly important.

3. Rent payment

The tenant must pay rent according to the contract.

4. Rent increase

A landlord must comply with the statutory/RERA framework.

5. 90-day notice

Notice is important for proposed contractual changes at renewal.

6. 12-month eviction notice

The Article 25(2) grounds require the prescribed long notice period.

7. Article 25

Eviction grounds are divided into during-term breach grounds and post-expiry recovery grounds.

8. Personal use

Personal-use eviction is subject to statutory requirements.

9. Maintenance

Responsibility depends on statutory duties, the lease and the nature of the repair.

10. Security deposit

The landlord must account properly for deductions.

11. Quiet enjoyment

A landlord cannot unlawfully interfere with the tenant's possession.

12. No self-help eviction

Disputes must be resolved through lawful mechanisms.

13. Rent continues

An eviction claim does not automatically stop rent liability.

14. Evidence

Notices, payment records, Ejari, photographs and technical reports can be decisive.

15. Special law

Dubai tenancy legislation operates as a special regime alongside general UAE civil-law principles.

36. Exam-Ready Formula

Remember:

LEASE → RENT → NOTICE → BREACH → EVICTION GROUND → EVIDENCE → RDSC → REMEDY

For eviction:

Article 25(1) = During-Term Breach

Article 25(2) = Expiry + Statutory Ground + 12-Month Notice

For rent increase:

Existing Rent → RERA Valuation → Permitted Increase → Proper Notice → Renewal

For landlord interference:

Interference → Official Documentation → RDSC Claim → Damage → Compensation

Conclusion

Dubai landlord–tenant law is principally governed by Law No. 26 of 2007 as amended by Law No. 33 of 2008, supplemented by RERA regulations and the specialised rental-dispute framework. The most important feature is the distinction between eviction during the contractual term and recovery of possession after expiry. Article 25 establishes specific statutory grounds, while the amended law imposes important notice and procedural safeguards.

The practical rule is that neither party should analyse a tenancy dispute solely from the wording of the lease. The proper analysis combines the tenancy contract + mandatory Dubai tenancy legislation + RERA regulations + evidence + the jurisdiction of the applicable dispute-resolution body. The 2026 official explanatory notes on Article 34 further confirm the continuing importance of tenant protection against unlawful interference and the use of official documentation in compensation claims.