Ask Gulf News: Can a tenant sub-lease a property without the landlord's permission?

Question: I have rented an apartment from my cousin who rented it from its owner. Two days ago, we received an evacuation notice for nonpayment even though we pay the rental monthly to our cousin who is paying to the owner as per his allegations? does the owner have the right to evacuate us.

Answer: As a general rule, and according to Article 24 of Law No. (26) of 2007 Regulating the Relationship between Landlords and Tenants in the Emirate of Dubai, the Tenant may not assign the use of or sub-lease the Real Property to third parties unless written consent of the Landlord is obtained Unless otherwise agreed by the parties to the Lease Contract.

A Landlord, pursuant to Article (25) of the same law, may request eviction of the Tenant from the Real Property before expiry of the Lease Contract only in the following cases: (a) unless otherwise agreed by the parties, where the Tenant fails to pay the Rent or any part thereof within thirty (30) days from the date of service of a Notice on the Tenant by the Landlord requesting the payment;  (b) where the Tenant sublets the Real Property or any part thereof without obtaining the Landlord's written approval, in which case the eviction will apply to the Tenant and to the Subtenant, who will reserve the right to claim compensation from the Tenant;

You have to check if your cousin is really paying to the owner and to check whether he sub- leased the property with or without the acceptance of the owner. In case he sub- leased it with the acceptance of the owner, then you have to manage the payment to the owner before the lapse of 30 days from the date of the service of Notice, otherwise the landlord will have the right to evacuate you after those 30 days.

In case he subleased it without the acceptance of the owner, then the owner shall have the right to evict you when he discovers this matter, even if you are paying on time, unless the owner expressly approves your existence.