February 20, 2026
In Dubai, a signed tenancy contract is not always applied as written in a dispute. Residential tenancy relationships operate within a mandatory legal framework set by Dubai tenancy legislation and administered through the Dubai Land Department (DLD) and the Rent Disputes Settlement Centre (RDSC) — commonly known as the RDC.
When a dispute is filed, the RDC applies the law and required procedures first. If a clause in the contract or its addendum conflicts with mandatory tenancy rules, the RDC may disregard it — even if both parties signed.
This article lists common tenancy contract clauses that may not be upheld in RDC disputes, and explains the legal principle behind each example.
Legal references:
Dubai tenancy law contains mandatory rules on key issues such as:
In an RDC dispute, these statutory rules apply even if the contract says otherwise.
If a clause conflicts with mandatory law or required procedures, the RDC may disregard that clause and apply the law instead.
“This contract is valid for one year only and will not be renewed.”
Under Article 25(2) of Law No. 33 of 2008, a landlord can only refuse renewal for four specific reasons:
Even if you sign an Addendum stating "this contract is non-renewable," the RDC treats the right to renew as a mandatory legal protection. A landlord cannot bypass the law simply by adding a sentence to the contract; they must still prove a valid legal reason and follow the formal notice procedure.
To legally recover the property for any of the reasons above, the landlord must serve a 12-month written notice via Notary Public or registered mail.
Law reference: Article 25, Law No. 33 of 2008
Do not rely on "fixed-term" wording. If you plan to sell or move in, serve your notarised 12-month notice as early as possible. Contract wording is not a substitute for this legal step.
Signing a "non-renewable" clause does not waive your right to stay. Unless the landlord serves a formal 12-month notice for one of the four legal reasons, the contract automatically renews.
In Dubai, the law determines non-renewal, not the contract. A 12-month notarized notice is the only "non-renewal" document the RDC consistently enforces.
“Tenant agrees not to file any complaint or case at RDC.”
The RDC is the statutory forum for resolving Dubai tenancy disputes. A contract clause cannot remove or restrict a party’s ability to file a claim with the RDC. If a dispute is filed, the RDC will apply the governing tenancy law and procedures regardless of any “no complaint” wording in the contract.
Do not include “no complaint / no claim” clauses in the tenancy contract. If you want to encourage amicable resolution, you can add a simple line like:
“The parties will try to resolve disputes amicably before going to the RDC.”
This does not limit either party’s legal rights.
A tenancy contract cannot block either party from bringing a tenancy dispute to the RDC. “No complaint” clauses are typically ineffective and should be avoided.
“Rent increases by 10% upon renewal automatically.”
In Dubai, rent increases are not "automatic," even if they are written into a tenancy contract or addendum. They are governed by two strict requirements:
If these requirements are not met, an “automatic increase” clause may not be applied as written in an RDC dispute.
Law Reference: Article 14, Law No. 33 of 2008
Do not rely on "automatic" clauses. Check the RERA calculator 100 days before expiry and serve a formal notice at least 90 days before the contract ends to ensure your increase is legally valid.
A signed "automatic increase" does not always mean you have to pay. If the landlord fails to give 90 days' notice or the increase exceeds the RERA calculator, you can challenge it at the RDC.
In Dubai, a rent increase should be backed by timely written notice from the landlord and should align with the RERA Rent Calculator. If these requirements are not met, the increase may not be valid and may be rejected in an RDC dispute.
“Tenant must pay renewal fee or eviction applies.”
Official DLD administrative policy (referenced in several public circulars) prohibits landlords from claiming a "lease renewal fee" as a condition for extending the contract. Since the right to renew is a statutory protection, a landlord cannot make you pay a private fee to "unlock" that right.
If a third party (for example, an agent) provides a paid service related to renewal, that fee is a separate service — not part of the tenancy contract. It should be agreed separately and cannot be enforced through eviction or refusal to renew.
Official DLD reference:
DLD: Landlord is prohibited from claiming lease renewal fee
For both parties: You can choose to handle the renewal directly to avoid third-party agency fees. A complete renewal requires both the Unified Tenancy Contract and an updated Addendum. You have several options:
A "renewal fee" clause in the tenancy contract does not create a lawful basis for eviction. To save costs, both parties can choose to handle the renewal directly. While the Dubai REST app is efficient for filing the final Ejari, using a platform like Habi is helpful when you need to generate a complete tenancy contract - including an updated addendum - without paying high agency renewal fees.
“Tenant pays all repairs below AED 2,000.”
“Property rented as-is with no landlord obligations.”
Under Article 16 of Law No. 26 of 2007, the landlord is responsible for maintaining the property and repairing defects that affect its "intended use" (such as core systems like AC, plumbing, and structural issues), unless the parties agree otherwise in the Addendum.
In an RDC dispute, broad wording that attempts to shift all maintenance to the tenant— or remove landlord obligations entirely — is often limited. While the RDC generally respects thresholds for minor maintenance (common industry limits are AED 500 or AED 1,000), a very high monetary threshold (e.g., “all repairs under AED 2,000”) may not be applied as written if it is used to shift the landlord’s core responsibility for major system failures back to the tenant.
Law reference: Article 16, Law No. 26 of 2007
Define maintenance responsibilities clearly. Allocate routine minor upkeep (e.g., bulbs, filters, or minor leaks) to the tenant, while retaining responsibility for major systems and structural repairs.
If a clause sets a maintenance threshold, treat it as applying to routine minor items only. Issues that affect usability of the unit still fall under the landlord’s statutory maintenance obligation.
In practice, tenants often organize major repairs themselves for speed. If you do this, get written approval from the landlord first regarding the quote and the reimbursement method (direct payment or rent deduction) to ensure you are covered.
In Dubai, maintenance clauses are assessed in light of Article 16 and the nature of the defect. Broad “tenant pays everything” wording may be limited in an RDC dispute — particularly where the issue affects the property’s intended use.
“Deposit is non-refundable under any circumstances.”
Article 20 of Law No. 26 of 2007 is a mandatory provision. It states that a landlord must refund the security deposit (or the remaining balance) upon the expiry of the lease. Because this is a mandatory legal requirement, any clause in an addendum claiming a deposit is "non-refundable" is considered void.
The deposit is legally defined as a security to ensure property maintenance and payment of bills. It is not a guaranteed payment or a "move-in fee" for the landlord. The RDC will typically only allow deductions for documented damage (beyond normal wear and tear) or unpaid utility bills.
Law reference: Article 20, Law No. 26 of 2007
Record the property condition at move-in and move-out (photos plus a short written checklist signed by both parties, no specific template is required). Keep invoices/receipts for any repairs or cleaning used to support deductions.
In Dubai, a security deposit is refundable in principle, with deductions typically tied to documented damage or unpaid amounts. A “non-refundable” clause may not be upheld in an RDC dispute.
“Landlord may disconnect utilities for late payment.”
Landlords are strictly prohibited from disconnecting essential services (water, electricity, or AC) to resolve a dispute. This is explicitly banned under Article 34 of Law No. 26 of 2007. Even if a tenant signs an addendum allowing for a utility cut-off due to late rent, the RDC treats this as an illegal "self-help" measure. Disconnecting services is considered a violation of the law and can even lead to criminal penalties.
Law reference: Article 34 of Law No. 26 of 2007
Tenancy enforcement should follow the legal process, not self-help measures. Clauses allowing utility disconnection are a violation of Article 34 and will not be upheld in an RDC dispute.
“Contract is valid without Ejari registration.”
DLD guidance treats Ejari registration as a required part of the standard tenancy system for residential leases in Dubai. A clause stating that Ejari is “not required” does not remove that requirement.
In practice, lack of Ejari registration can create procedural and practical issues, including limits on how certain tenancy processes are handled and evidenced (for example, renewal/changes, access to related services, and dispute administration). In an RDC dispute, parties may still need to regularise registration or provide additional proof of the tenancy terms and status.
Reference:
Dubai Land Department Tenancy Guide
Do not include “Ejari not required” wording. Ensure the tenancy contract is registered under the Ejari system in line with the applicable requirements.
Ejari registration is a legal requirement, not a choice. A contract clause cannot waive it, and skipping registration leaves both parties without official legal standing in the event of a dispute.
For a step-by-step explanation of the Ejari registration process, see:
Step-by-Step Guide to Registering Ejari Online in Dubai.
Across these examples, the pattern is the same: Dubai tenancy law contains mandatory rules and procedures on core issues. Clauses that conflict with those rules, or attempt to bypass statutory processes, may be limited or disregarded in an RDC dispute — even if both parties signed the contract.
In practice, the goal is not to draft the “strongest” wording, but to use a tenancy contract that is consistent with Dubai tenancy law and to follow the required notice and procedural steps when issues arise.
Habi provides tools to create or renew tenancy contracts in a structured format and supports Ejari-ready documentation. This can help reduce common drafting issues and keep the contract aligned with standard tenancy requirements. It does not replace legal advice for complex cases.
Note: This article is for informational purposes only and does not replace professional legal advice for complex cases.
Complete a correct Dubai tenancy contract in a guided, step-by-step flow on Habi.
