Sublease an option provided by law to the lessee in the Emirate of Dubai The UAE legislator aimed to make the relationship between WhatsApp: +971555570005
Sublease an option provided by law to the lessee in the Emirate of Dubai
The UAE legislator aimed to make the relationship between the landlord and the lessee governed by the law, the formation of this relationship shall achieve the benefit of both parties and prevent the ways of harm, taking into account the achievement of the benefit of society and urban development in the Emirate. And the tenants of real estate law in the Emirate Dubai No. 26 of 2007 amended by Law No. 33 of 2008 to achieve this purpose, in which the legislator set the rights and obligations of both the lessor and the lessee in addition to the sub-lessee, the subject of this research. Since one of the options that the legislator offered to the tenant was to re-lease the property to another person, so that the lessee would be hired in the new contract so that the lessee in that case – as the legislator called it – was a subtenant. The legislator defined the sub-tenant in his second article as a natural or legal person who benefit from the property or any part thereof under a lease contract with the tenant.
According to the law it allows the tenant to rent the property to another tenant for profit or other legitimate purposes, without prejudice to the primary landlord, and the landlord, whose consent is a necessary condition for the tenant to lease the property to a lessee, which article 24 mentioned:
” Unless otherwise agreed by the parties to the lease, the lessee may not waive the use of the property or sublease it to third parties except with the written consent of the lessor. ”
The breach of this condition entails that the lessee will provide the sub-tenant without leasing to the lessor, which entitles the latter to vacate the property before the expiry of the period of the lease, as stated in paragraph (b) of Article 25 which says:
The Lessor shall have the request to vacate the Tenant from the Property before the expiry of the lease period exclusively in any of the following cases:
If the Tenant leases the sub-estate or any part thereof without the written consent of the lessor, in which case the eviction shall take effect on the lessee and the sub-tenant while preserving the right of the latter to consult the lessee with compensation.
It is noted that the legislator in accordance with the above-mentioned article did not neglect to preserve the right of the sub-tenant to refer the tenant to compensation if he was evicted from the property as a result of the tenant did not take the written consent of the lessor before taking the rent of the sub-property.
On the other hand, if the Special Judiciary Committee decides to settle disputes between lessors and lessees, and a sub-tenant occupies the property, the latter will continue to occupy the property in accordance with article 30, which states:
” If a decision is made by the Committee to terminate the lease and the property is occupied by a sub-tenant under a contract concluded with the lessee and with the consent of the lessor, the sub-lessee shall continue to occupy the property and under the terms of the contract concluded with him. ”
The sub-tenant is liable to pay any taxes or fees imposed on the sub-lease, in addition to its obligation to pay all fees and taxes due to the use of the property to the government authorities. This is stated explicitly in Article 22:
” Unless otherwise agreed by the Lease Agreement, the Tenant shall pay all fees and taxes due to the use of the Property to the Government Entities and Services, as well as any fees or taxes levied on the Sublease. ”
The term of the sub-lease expires upon the expiry of the basic lease agreement between the lessee and the landlord unless the lessor agrees to extend the sub-lease. Article 8 states:
” The term of the sublease contract concluded between the lessee and the sub-lessee shall expire upon the expiry of the lease term between the lessor and the lessee unless the lessor agrees expressly to extend the term of the sub-lease. ”
Thus, we have demonstrated the content of the sub-lease convention in the Emirate of Dubai legally, which is an option available to the tenant subject to the consent of the lessor,, Since the omission of such consent is sufficient to require the lessor to vacate the property from the lessee prior to the end of the lease, and also indicate that the term of the sublease contract expires upon the expiry of the lease between the lessor and the lessee unless the lessor agrees to extend the sublease contract.
It is clear that, according to the points relating to the sublease, the legislator has given all parties the maximum possibility of making use of legitimate options that benefit each party and certainly do not harm others, which is the legislator’s goal carried by the articles of the law.
Attorney / Mohamed Al Marzooqi
Mohamed Al Marzooqi advocates & Consultancy
Lawyer in Abu Dhabi, Dubai – UAE