Tenancy Contract Clauses the RDC May Not Enforce

Tenancy contract clauses the RDC may not enforce in Dubai: non-renewal wording, automatic rent increases, renewal fees, non-refundable deposits, utility cut-offs, and what works instead.
July 2026
By the Habi Team
Reviewed by Aleh Baranouski, Founder
Habi Properties LLC — RERA-regulated
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In Dubai, a signed tenancy contract is not always applied as written in a dispute. Tenancy relationships operate within a mandatory legal framework set by Dubai tenancy legislation and administered through the Dubai Land Department and the Rental Disputes Centre (RDC). When a dispute is filed, the RDC applies the law and the 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.

KEY TAKEAWAYS
  • Dubai tenancy law contains mandatory rules on renewal, rent increases, deposits, maintenance, and disputes. A clause that conflicts with them may be disregarded in an RDC dispute, even if both parties signed it.
  • The most common examples: "non-renewable" clauses, "no complaint" clauses, automatic rent increases, renewal-fee clauses, non-refundable deposits, and utility cut-off clauses.
  • What works is following the statutory procedure: the right notices, served on time, in the required form. Contract wording is not a substitute for those steps.

Why some tenancy clauses fail in RDC disputes

Dubai tenancy law contains mandatory rules on key issues such as:

  • eviction and non-renewal procedures
  • rent increases and notice requirements
  • security deposits
  • maintenance obligations

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.

1. "This lease will not be renewed" clauses

Common wording

"This contract is valid for one year only and will not be renewed."

Why the RDC may disregard it

Under Article 25 of Law No. 26 of 2007, as amended, a landlord can only refuse renewal for four specific reasons:

  • personal use;
  • sale;
  • demolition;
  • major renovation.

Even if the addendum states "this contract is non-renewable", the RDC treats the right to renew as a mandatory legal protection. A landlord cannot bypass the law by adding a sentence to the contract. They must still prove a valid legal reason and follow the formal notice procedure — the same formal steps required any time a landlord seeks to end a tenancy, as outlined in our guide on How to Cancel a Tenancy Contract in Dubai.

The 12-month notice rule

To legally recover the property for any of the reasons above, the landlord must serve 12 months' written notice through a notary public or registered mail.

  • Timing: the notice can be served at any time, for example halfway through the year, but the tenant is entitled to stay for a full 12 months from the date they receive it.
  • Format: informal notices via WhatsApp or email, or a "non-renewal" sentence in the contract, are generally not recognised as valid for this purpose by the RDC.

What works instead

  • For landlords: do not rely on "fixed-term" wording. If you plan to sell or move in, serve the notarised 12-month notice as early as possible. Contract wording is not a substitute for this legal step.
  • For tenants: 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 tenancy continues under the automatic renewal rule (Article 6 of Law No. 26 of 2007).

Practical takeaway

In Dubai, the law determines non-renewal, not the contract. A notarised 12-month notice is the only "non-renewal" document the RDC consistently enforces.

2. Clauses banning disputes or legal action

Common wording

"Tenant agrees not to file any complaint or case at RDC."

Why the RDC may disregard it

The RDC is the statutory forum for resolving Dubai tenancy disputes. A contract clause cannot remove or restrict a party's ability to bring a claim to the RDC. If a dispute is registered, the RDC will apply the governing tenancy law and procedures regardless of any "no complaint" wording in the contract.

What works instead

Do not include "no complaint / no claim" clauses in the tenancy contract. If you want to encourage amicable resolution, 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.

Practical takeaway

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.

3. Automatic rent increase clauses

Common wording

"Rent increases by 10% upon renewal automatically."

Why the RDC may disregard it

In Dubai, rent increases are not "automatic", even when written into a tenancy contract or addendum. They are governed by two strict requirements:

  1. The 90-day notice rule: under Article 14 of Law No. 26 of 2007, as amended, any change to the lease terms, including a rent increase, requires written notice at least 90 days before the contract expires. If the landlord misses this window, the RDC may reject the increase entirely.
  2. The RERA rental index: rent increases must fit the caps set by Decree No. 43 of 2013 and the RERA rental index calculator. Even if a tenant signed a clause agreeing to a 10% increase, the RDC may rule that clause unenforceable if the calculator shows 0% is permitted for that property.

If these requirements are not met, an "automatic increase" clause may not be applied as written in an RDC dispute.

What works instead

  • For landlords: do not rely on "automatic" clauses. Check the RERA calculator around 100 days before expiry and serve written notice at least 90 days before the contract ends, so the increase has legal grounds.
  • For tenants: a signed "automatic increase" does not always mean you have to pay. If the landlord gave no 90-day notice or the increase exceeds the calculator's cap, you can challenge it at the RDC.

Practical takeaway

A rent increase should be backed by timely written notice and should fit the RERA rental index caps. If these requirements are not met, the increase may be rejected in an RDC dispute.

4. Renewal fee clauses

Common wording

"Tenant must pay renewal fee or eviction applies."

Why the RDC may disregard it

Official DLD policy 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 charge a private fee to "unlock" that right.

If a third party such as an agent provides a paid service related to the renewal, that fee is for a separate service, agreed with the party who pays it. It is not part of the tenancy contract and cannot be enforced through eviction or refusal to renew.

What works instead

For both parties: you can handle the renewal directly. A complete renewal is the unified tenancy contract plus an updated addendum:

  • Do it yourselves: download the DLD template and draft and sign the updated addendum.
  • Online: create and sign the contract with the addendum included through licensed companies such as Habi, free of charge.
  • Then renew the Ejari registration against the signed contract; channels and costs are in our guide to Ejari renewal.

The full process is in our guide to renewing a tenancy contract in Dubai; what agents charge and when they are worth engaging is in renewing without an agent.

Practical takeaway

A "renewal fee" clause in the tenancy contract does not create a lawful basis for eviction. An agent's renewal fee is a service fee, agreed separately with the party who pays it; the parties can also complete the renewal themselves.

5. Maintenance clauses shifting major repairs to tenants

Common wording

"Tenant pays all repairs below AED 2,000." "Property rented as-is with no landlord obligations."

Why the RDC may disregard it

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 air conditioning, 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 to remove the landlord's obligations entirely, is often limited. The RDC generally respects thresholds for minor maintenance (commonly AED 500 or AED 1,000 in market practice), but a very high threshold, for example "all repairs under AED 2,000", may not be applied as written if it shifts the landlord's core responsibility for major system failures to the tenant.

What works instead

  • For landlords: define maintenance responsibilities clearly. Allocate routine minor upkeep, such as bulbs, filters, or minor leaks, to the tenant, while retaining responsibility for major systems and structural repairs.
  • For tenants: if a clause sets a maintenance threshold, treat it as applying to routine minor items only. Issues that affect the usability of the unit still fall under the landlord's statutory maintenance obligation.

In practice, tenants often organise major repairs themselves for speed. If you do this, get the landlord's written approval of the quote and the reimbursement method first, whether direct payment or rent deduction, so you are covered.

Practical takeaway

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.

6. Non-refundable deposit clauses

Common wording

"Deposit is non-refundable under any circumstances."

Why the RDC may disregard it

Article 20 of Law No. 26 of 2007 is a mandatory provision: the landlord must refund the security deposit, or its remaining balance, at the end of the tenancy. A clause claiming the deposit is "non-refundable" is therefore considered void.

The deposit is legally a security for the property's condition and the 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 for unpaid amounts.

What works instead

  • For both parties: 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 and receipts for any repairs or cleaning used to support deductions.

Practical takeaway

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.

7. Utility cut-off and self-help clauses

Common wording

"Landlord may disconnect utilities for late payment."

Why the RDC may disregard it

Landlords are strictly prohibited from disconnecting essential services such as water, electricity, or air conditioning 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 a utility cut-off for late rent, the RDC treats this as an unlawful self-help measure. Disconnecting services is a violation of the law and can lead to criminal penalties.

What works instead

  • For landlords: if rent is unpaid, use the legal notice and dispute procedures available under Dubai tenancy legislation rather than disconnecting utilities.
  • For tenants: even during a payment dispute, utility disconnection is not a lawful remedy. If utilities are disconnected, you may seek urgent relief through the RDC.

Practical takeaway

Tenancy enforcement should follow the legal process, not self-help measures. Clauses allowing utility disconnection violate Article 34 and will not be upheld in an RDC dispute.

8. "Ejari not required" clauses

Common wording

"Contract is valid without Ejari registration."

Why the RDC may disregard it

DLD guidance treats registration in the Ejari system as a required part of the standard tenancy framework in Dubai (DLD tenancy guide). A clause stating that Ejari is "not required" does not remove that requirement.

In practice, a missing Ejari registration creates procedural and practical problems: limits on how tenancy processes are handled and evidenced, on access to related services, and on dispute administration. In an RDC dispute, the parties may still need to regularise the registration or provide additional proof of the tenancy terms.

What works instead

Do not include "Ejari not required" wording. Register the tenancy contract in the Ejari system in line with the applicable requirements. For the process, see our guide to registering Ejari online.

Practical takeaway

Ejari registration is a legal requirement, not a choice. A contract clause cannot waive it, and skipping registration weakens both parties' position in a dispute.

Applying this in practice

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.

The goal is not to draft the "strongest" wording, but to use a tenancy contract that is consistent with Dubai tenancy law. Start with a compliant base — Create tenancy contract on Habi — then record your conditions in a lawful addendum and register Ejari.

Note: this article is for informational purposes only and does not replace professional legal advice for complex cases.

Sources

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Frequently Asked Questions

Can a tenancy contract override Dubai tenancy law?
Is the addendum legally binding?
Can a landlord refuse to renew if the contract says it is non-renewable?
Is a rent increase written into the contract valid?
Can the landlord keep the deposit because the contract says it is non-refundable?
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