"Dispute Resolution": vacating a property in favor of an owner because of its subletting

"Dispute Resolution" emphasized that subletting is not permitted without the written consent of the owner.

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The Rental Disputes Settlement Center, the judicial arm of the Dubai Land Department, obligated the tenants to vacate a property due to a proven subletting without the written consent of the owner.

The Center indicated in a judgment that Emirates Today reviewed, that the owner was able to prove through the «order on petition» that the tenant rented the housing unit without his written consent.

In detail, the Rental Disputes Settlement Center, the judicial arm of the Dubai Land Department, said in the terms of the eviction ruling for one of the housing units that the leased subleased the residential unit without the consent of the owner, although subletting is not permitted without the written consent of the owner. Pointing out that the law allows the owner, in the absence of his written consent, to file an eviction lawsuit against the original tenant.

He added that the burden of proof of the subletting rests on the plaintiff (the owner), and the eviction applies to the sub-tenant as well, while preserving his right to return to the tenant for compensation.

The lawsuit papers indicated that the plaintiff (the owner of the property) proved that the defendant (the leased) subleased the unit, through a lawsuit (the order on petition), and the transfer to the unit was made and the presence of five girls living in the unit was proven. They sub-rented at the rate of 500 dirhams per month, and since the defendant had submitted evidence that the residents of the leasehold were its employees, but it did not prove that she provided them with free housing, and the committee did not provide any written consent from the owner.

The ruling was based on the provisions of the Tenancy Law, where the Tenancy Law No. (26) of 2007 refers to regulating the relationship between landlords and tenants of real estate in the Emirate of Dubai, and in Article (25) of Paragraph (B), it states that if the tenant subleases the property, Or any part of it without obtaining the written consent of the lessor, in this case the eviction applies to the sub-tenant as well, while preserving his right to return to the tenant for compensation.

The law also stipulates that the landlord must notify the tenant through a notary or registered mail.

Also, Article No. 24 of Law No. 26 of 2007 stipulates that the agreement to waive the use of the property or subletting it must be included in the lease contract, and if the lease agreement is absent from that, the lessee may not waive the use or subletting the use of the property. Unless the lessor agrees to that, and the legislator stipulates that the approval be in writing;

Therefore, if the lessee does not provide this written approval issued by the lessor, his assignment of usufruct or subletting the property is considered impermissible.

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