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Real Estate & Tenancy Disputes in Dubai – Rights of Landlords and Tenants (2026)

Published: 2026-05-22 | Last updated: 2026-05-28 | 8 min read | Written by Mohamed Algizawy, Legal Consultant

Dubai's real estate market is one of the most dynamic in the world, attracting investors and tenants from across the globe. However, disputes between landlords and tenants are common, often arising from misunderstandings of the regulatory framework. This 2026 guide, prepared by former judges at ALHEKMA Legal Consultancy, outlines the rights and obligations of both parties under Dubai's tenancy laws, helping you avoid costly litigation. Learn more about our real estate & construction services →

1. RERA Regulations and the Mandatory Ejari System

The landlord-tenant relationship in Dubai is governed by Dubai Law No. 26 of 2007 (as amended by Law No. 33 of 2008) and overseen by the Real Estate Regulatory Agency (RERA), which operates under the Dubai Land Department (DLD).[reference:0] All tenancy contracts must be registered through the Ejari system. Ejari registration is not optional – it is required by law and provides critical benefits for both parties.

Why Ejari registration matters in 2026:

• It makes your tenancy contract legally enforceable before the Rental Dispute Settlement Centre (RDSC). Without a registered Ejari, you cannot file a rental dispute case.[reference:1]
• It protects tenants against fraudulent claims of non-payment or unauthorised eviction.
• It prevents landlords from renting the same property to multiple tenants.
• It is required to activate DEWA (Dubai Electricity and Water Authority) connections and for visa sponsorship in some cases.

We assist both landlords and tenants in registering tenancy contracts through Ejari and ensuring compliance with all RERA regulations. Read about our rental compliance services →

2. Rent Increases – What Is Allowed in 2026? (RERA Smart Index & 90-Day Rule)

Rent increases in Dubai are strictly regulated by Decree No. 43 of 2013, which remains the governing law in 2026.[reference:2] The decree establishes a tiered rent cap system linked to the Smart Rental Index, which uses AI and real-time market data to determine the average rent for similar properties in each area.[reference:3] Landlords cannot arbitrarily increase rent – any increase must follow specific rules.

Rent Increase Brackets under Decree No. 43 of 2013:

• 0% increase: If current rent is 0–10% below the average market rent.[reference:4]
• 5% increase: If current rent is 11–20% below the average market rent.[reference:5]
• 10% increase: If current rent is 21–30% below the average market rent.[reference:6]
• 15% increase: If current rent is 31–40% below the average market rent.
• 20% increase: If current rent is 41% or more below the average market rent – this is the absolute maximum permitted increase.[reference:7]

The 90-Day Notice Requirement: Under Article 14 of Law No. 26 of 2007, a landlord must notify the tenant of any rent increase in writing at least 90 days before the lease expiry date.[reference:8] Failure to provide timely notice means the rent remains unchanged for the next term. The notice can be delivered via registered mail, email, or notary public.[reference:9]

We review rent increase notices and challenge any unlawful increases on behalf of tenants. For landlords, we help calculate permissible increases using the RERA Smart Index and ensure proper notification. Read about rent increase advisory services →

3. Eviction Procedures – Landlord and Tenant Rights

Eviction is a heavily regulated process in Dubai. A landlord cannot simply ask a tenant to leave. Valid eviction reasons under Dubai tenancy law include non-payment of rent, property damage, illegal use, subletting without permission, and landlord's genuine need for the property.

12-Month Notice Requirement (Non-Breach Evictions): If the landlord wishes to evict for reasons not related to tenant breach (e.g., selling the property, personal use, or major renovations), they must provide a 12-month written notice via notary public or registered mail.[reference:10][reference:11] The 12-month notice period is mandatory and non-negotiable. Even after serving the notice, the landlord cannot force the tenant out before the 12 months expire. Tenants who receive a 12-month eviction notice should seek legal advice immediately to verify its validity.

Non-Rent Payment Evictions: If a tenant fails to pay rent, the landlord can initiate eviction proceedings through the Rental Dispute Settlement Centre (RDSC) without a 12-month notice. However, the landlord must first send a formal payment demand notice and allow a grace period as specified in the contract or by law.

Illegal Evictions (Self-Help): It is illegal for a landlord to change locks, cut off utilities (water, electricity), or physically remove a tenant without a court order. Such actions expose the landlord to heavy penalties, including fines and potential criminal liability. If you are facing illegal eviction, contact us immediately – we can file an urgent complaint with the RDSC and obtain a court order to restore your access.[reference:12]

4. Maintenance Obligations – Who Pays for Repairs?

One of the most common sources of landlord-tenant conflict is maintenance and repairs. Under Dubai Law No. 26 of 2007 (as amended by Law No. 33 of 2008), the general rule is:

• Landlord is responsible for: Major structural repairs, electrical and plumbing systems, air conditioning, elevators, and any damage caused by normal wear and tear. The landlord must maintain the property in a condition suitable for the agreed use.[reference:13]
• Tenant is responsible for: Minor repairs (e.g., changing light bulbs, minor fixture maintenance), damage caused by the tenant's negligence or misuse, and keeping the property clean and undamaged.

Tenants should report maintenance issues in writing (email or registered mail) and keep copies of all correspondence. If the landlord fails to make necessary repairs after reasonable notice, the tenant may apply to the Rental Dispute Settlement Centre for an order compelling repairs or a rent reduction. Do not withhold rent without a court order – this can lead to eviction proceedings against you.

5. Security Deposit Refunds – Tenant Rights and Landlord Deductions

Security deposit disputes are among the most frequent complaints filed with the RDSC. The law provides clear guidance for both parties.

Tenant's rights: Upon vacating the property, the landlord must return the full security deposit within a reasonable time (typically 14–30 days) if the property is in good condition, normal wear and tear excepted. Deductions are only permitted for actual damage caused by the tenant beyond normal wear and tear – not for cleaning, painting, or other routine maintenance.

Landlord's rights: The landlord may deduct from the security deposit for repair costs resulting from tenant-caused damage (e.g., broken fixtures, holes in walls, water damage from negligence). The landlord must provide itemised receipts for any deductions. The RDSC can enforce security deposit refunds and even freeze the landlord's rental income from the property until the deposit is settled.[reference:14]

Security deposit recovery procedure: Before filing a formal dispute, the tenant should send a formal demand letter requesting the refund by registered mail or email. If the landlord fails to respond or refuses to return the deposit without valid justification, the tenant can file a case with the RDSC. The RDSC fee is generally calculated as 3.5% of the annual rent, with a minimum of AED 500 and a maximum of AED 20,000.[reference:15]

6. Dispute Resolution – The Rental Dispute Settlement Centre (RDSC)

The Rental Dispute Settlement Centre (RDSC), operating under the Dubai Land Department, is the specialised tribunal that handles all rental disputes in Dubai, including eviction, rent increases, maintenance, and security deposit claims.[reference:16] The RDSC has exclusive jurisdiction over tenancy matters and offers a faster, more cost-effective process than general civil courts.

How to file a dispute with the RDSC in 2026:

• Step 1 – Attempt amicable resolution: Before filing a formal case, parties should attempt to resolve the dispute directly through written communication. The RDSC encourages settlement before formal proceedings.[reference:17]
• Step 2 – File the case online or at a service centre: Cases can be filed through the RDSC website (www.rdc.gov.ae) or at one of the Real Estate Services Trustee centres. All documents must be submitted in or translated legally into Arabic.[reference:18]
• Step 3 – Required documents: Latest registered Ejari tenancy contract, Emirates ID or company credentials, bank details, and any supporting evidence (notices, bills, correspondence, photos).[reference:19]
• Step 4 – Pay the filing fee: The fee is generally 3.5% of the annual rent, with a minimum of AED 500 and a maximum of AED 20,000.[reference:20]
• Step 5 – Attend mediation or hearing: The RDSC will first attempt mediation. If unsuccessful, the case proceeds to a first-instance judgment. A petition to reconsider a judgment must be filed within 30 days.[reference:21]

The RDSC has the power to issue binding judgments, freeze rental income, order evictions, and enforce payment of refunds and damages. Having legal representation at this stage significantly improves your chances of a favourable outcome. Our former judges understand the RDSC's procedures and expectations and can represent you effectively. Read about our dispute resolution services →

7. Off-Plan Property Contracts – Buyer Protections

Buying an off-plan property can be a high-reward investment, but it comes with risks. Dubai has established a robust legal framework to protect off-plan buyers, primarily through Law No. 8 of 2007 Concerning Escrow Accounts for Real Estate Development.[reference:22]

Key buyer protections in 2026:

• Mandatory escrow accounts: Developers must open a dedicated escrow account with a DLD-approved bank for each off-plan project. All buyer payments must be deposited directly into this account – developers cannot access funds except for verified construction milestones.[reference:23][reference:24]
• Separate accounts for each project: Developers with multiple projects must maintain separate escrow accounts for each, preventing funds from being diverted between schemes.[reference:25]
• Oqood registration: All off-plan sales must be registered with the DLD through the Oqood system, which protects against double-selling and establishes the buyer's legal rights.[reference:26]
• RERA oversight: The Real Estate Regulatory Agency (RERA) monitors developer compliance, including financial audits and construction progress verification.[reference:27]

If the developer delays handover or fails to complete the project: Off-plan buyers have legal remedies, including termination of the contract, refund of payments (subject to the terms of the sale agreement and the developer's financial capacity), and claims for compensation. In 2026, escrow regulations are more tightly enforced than ever, with developer access to buyer funds tied strictly to verified construction milestones.[reference:28]

Common off-plan pitfalls to avoid in 2026: unregistered developers, no escrow account verification, lack of Oqood registration, overly optimistic handover dates, unclear penalty clauses for delays, and hidden fees in the fine print. Our team scrutinises off-plan contracts before you sign, verifies developer registration, checks escrow account compliance, and negotiates stronger buyer protections.

8. Frequently Asked Questions