Dubai: If you are renting a property in Dubai, is it possible to transfer the lease to your spouse? Is this an option available to tenants in Dubai, and if so, what is the process?
A Gulf News reader wrote in asking this question.
She said: “We are a family of four and the flat that we live in is under my name. I wanted to know if I can transfer the lease to my husband and if so what will the process be? Can I change the tenant on the same lease? Or will it have to be a new lease altogether? And if it is a new lease, will I have to pay the early termination fees? My landlord insists that it is going to be considered as a new lease and that he will increase the rent accordingly. Please advise!”
Gulf News raised the query with Celica Escobar, a property consultant at AX Capital real estate, who said that while the lease can be transferred in such cases, it is best for tenants to speak with their landlord, so that the process can be completed smoothly.
“If the landlord is okay with it and being cooperative, then the transfer can be done easily. But in case the landlord insists that it will be considered as a new lease, then you need to see what is mentioned in the addendum of the lease contract on the rent increase. Technically, as the tenants are the same, we will follow what is written on the contract regarding the increase in rent – on whether it would follow the rent index by Dubai’s Real Estate Regulatory Authority (RERA) or if there is a fixed priced in every contract extension.
“If the landlord insists to increase the rent as per the Rera index result, then the tenant has to follow that. Otherwise, the tenant and landlord can try to meet somewhere in the middle, to have less of a headache. But, in any case, the landlord cannot evict them just because of this reason. My advice would be to try to resolve this first mutually,” she said.
Technically, as the tenants are the same, we will follow what is written on the contract regarding the increase in rent – on whether it would follow the rent index by Dubai’s Real Estate Regulatory Authority (RERA) or if there is a fixed priced in every contract extension.
How to transfer lease
If the landlord does agree to the transfer of the lease to a spouse’s name, you would then need to arrange the following documents:
1. A new tenancy contract, which should be signed by both parties.
2. Passport, Emirates ID copy of the spouse.
3. Cheques need to be changed or updated, unless the couple has a joint account.
4. A No-Objection Certificate (NOC) from the landlord stating the reason of change and allowing them to cancel and apply for a new Ejari under the husband's name.
“No termination fees would apply, as they are not vacating the premises. It is only a change in the name of the tenant. They also need to consider that once the Ejari has been activated under the new tenant, they have to update their Dubai Electricity and Water Authority (DEWA) account as it is linked with the Ejari,” Escobar added.
The process can be completed by taking the required documents to a trustee office, along with the title deed and the copy of the landlord’s Emirates ID.
