Flat-sharing in Dubai has been on the rise among residents as one of the affordable housing options. This type of living arrangement extends a valuable financial benefit to solo professionals, low-wage earners, and single parents. However attractive the idea of convenience in sharing rented flats may be, renters need to understand the necessary legal rules and requirements under Dubai tenancy regulations.
This article will guide you through what the law says about flat sharing in Dubai, how to do it legally, and the possible risks if proper procedures are not followed.
Legal Framework for Tenancy Laws in Dubai
Is Flat Sharing Legally Allowed in Dubai?
Yes, sharing a flat is permissible in Dubai but under certain circumstances. Article 24 of the Dubai Tenancy Law (Law No. 26 of 2007, as amended by Law No. 33 of 2008) makes it clear that a tenant shall not sublet or permit the use of the rented property by any person unless such permission has been given in writing by the landlord.
Article 24 states:
"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.
This means that while you can share your apartment with others, you must first obtain written permission from your landlord or the building’s management.
Consequences of Unauthorized Flat Sharing
Any failure to share flats with proper permission from the landlord may cause eviction of the tenants. Article 25(1)(b) of the Amended Tenancy Law states:
“The landlord may seek the eviction of the tenant from the premises prior to the termination of the Lease Contract if the tenant sublets the premises, or any portion thereof, without the prior written consent of the landlord. The eviction shall be against both the original tenant and the subtenant.”
Use of the property contrary to public order and morals under Article 25(1)(c) is also cited as another ground for eviction. Thus, any illegal or immoral use of a shared apartment can place the original tenant and the sharer at risk.
How Can a Person Legally Share Their Flat in Dubai?
To share a rented apartment legally in Dubai you must perform these essential procedures:
1. Obtain Written Permission from the Landlord
Before letting anyone stay with you or rent any part of your house, please verify & obtain written consent from your landlord. This could be included in your tenancy agreement as one of the terms or could be an entirely separate document, signed by both parties.
2. Avoid Partitioned Rooms
In the recent past, Dubai Municipality, along with Dubai Land Department and Civil Defence, have intensified efforts to crack down on partitioned rooms. These rooms are illegally created by the division of the original room with temporary walls to accommodate more tenants.
Partitioned rooms are unsafe and subject to penalties and removal. They are viewed with great seriousness with regard to life and safety, especially in residential buildings with dense occupancy. Thus, if you are planning to share, ensure that the lay-out is that of the original approved floor plan which does not contravene building safety regulations.
3. Register All Tenants in Ejari
Almost all tenants in a property should be registered in Ejari, the official tenancy contract registration system in Dubai. Many landlords or property management companies may require co-tenants' names for legal clarity and emergency accountability.
4. Adhere to Building and Community Rules
There are certain buildings in Dubai that may have stringent policies about living with another person. Even when the landlord grants approval, the building management or Owners Association (OA) may have separate rules prohibiting or restricting sharing arrangements. So do check the community rules before doing anything.
Risks of Not Following Legal Procedures
Mixing tenancy and unlawful subletting brings some of these consequences to the tenant:
Eviction mainly puts the tenant into a critical situation while their roommates sharing the accommodation find themselves in an utterly unfortunate situation, with hardly any recourse to legal redress except in cases with contract backing.
Recent Government Crackdown on Illegal Sharing
There has been an increased level of inspection by Dubai authorities within the residential sector in the last few years, with increased eyesight over too crowded areas to determine the following:
These measures are aimed at protecting residents and ensuring the quality of standards in Dubai's housing sector. At this stage, it is a must that tenants consider all rules and regulations when getting into flat-sharing arrangements.
Want Legal Assistance in Tenancy or Subletting?
If you do not know your rights as a tenant or formulating an agreement for flat sharing, seek the services of the legal team at HHS Dubai Lawyers. Our experts in Dubai tenancy law can offer guidance in:
HHS Lawyers in Dubai will assist with credible legal advice to safeguard your rights as a tenant in Dubai.
