UAEssentials | Ask The Law
Sub-letting is illegal unless contract specifies otherwise
I have rented a one-bedroom villa unit (part of a big villa) in Dubai. I made the deal with a real estate company and the tenancy is in my name.
- Compiled By Dina Aboul Hosn
- Published: 00:10 December 7, 2007
A reader from Dubai asks: I have rented a one-bedroom villa unit (part of a big villa) in Dubai. I made the deal with a real estate company and the tenancy is in my name. As the rent was high, I found another person to share with me so we could each pay half of the rent. We paid three cheques each and after I signed the contract the real estate people said they could not accept part cheques from another person. So, they accepted the first installment of two cheques (one mine and one the other person's). The second and third installment cheques were mine only. His two cheques were returned to me, which I kept as security and when the time for payment was due, I would ask him to replace the cheques with cash. Now, I am the legal tenant (the contract is signed in my name), but this person is staying with me. I am not happy with his living conditions and asked him to leave (with one month's notice) but he refuses to do so, saying he is part-owner and he has paid half the rent. He threatened that he would take me to court for asking him to pay half the rent and he will not move. Plus, he wants me to sign a contract with him saying that I have accepted his cheques and have made him a partner and he will not move before a year is over. Please advise: What are my rights in this case? Can I ask him to move out and give him his money back? Am I wrong in doing so since his cheque was accepted by the real estate company for four months? Should I sign a contract with him, which I do not want to, as I want him out? How can I solve this amicably, I am ready to return all his dues. He owes me a lot of money and the electricity bill has been paid by me. He refuses to settle the dues and is insisting I sign a contract and he will not move out.
Reviewing the terms of contract is essential here.
If the tenancy contract does not allow the right of the tenant to sublet the premises, then the reader's act is illegal and he is violating his contract as he sub-let the premises, and the real estate company has the right - in this case - to terminate his tenancy contract.
As for the person sharing the accommodation with the reader, we would like to advise that such a situation is illegal, which requires him to move out after returning the due money.
The questioner may do that amicably by negotiations, by involving the real-estate company or even referring the matter to the Rental Committee in Dubai Municipality.
However, if the tenancy contract determines the right for the tenant to sublet the premises, then the person sharing the accommodation is considered a partner in the tenancy contract for the tenancy relation between the parties, which is proven by the cheque to the real estate company as well as the cheques deposited with the questioner as a guarantee for the remaining period of rent.
This means that the person sharing the accommodation, in such a case, has all entitlements and rights as a tenant, and thus we advise the reader to seek all possible ways of solving the matter amicably.
Questions answered by Advocate Mohammad Ebrahim Al Shaiba of Al Bahr Advocates and Legal ConsultantsAsk the law queries
Send us questions on legal issues that need clarification. Write to us at letter2editor@gulfnews.com
Share this article
