أسئلة وأجوبة
Can a landlord object to tenancy renewal by refusing to provide a subleasing NOC?
Hi,
A landlord has rented out his unit to a tenant and provided a DTCM NOC for subleasing (as mentioned in the additional terms of the tenancy contract).
He no longer wishes to have the unit subleased, though he doesn't mind renewing the tenancy contract.
Is the landlord able to object to the renewal by not providing the DTCM NOC?
Dear Questioner,
Key points to consider:
1. Terms of the original contract between the landlord and tenant:
If the lease stipulates that the submission of a No Objection Certificate from the Department of Tourism and Commerce Marketing is a prerequisite for subletting the unit, failure to submit this certificate may not directly affect the renewal of the original contract between the landlord and tenant.
However, if the additional terms in the contract clearly specify that the presence of this certificate affects the rights or terms of the original contract, the landlord may be able to rely on this condition as a reason not to renew the lease or to negotiate new terms.
2. Renewing a lease without subletting:
If the landlord does not mind renewing the lease for the original tenant but refuses to sublease the unit, this is considered a reasonable position as long as he is committed to the original terms of the contract between him and the tenant.
The landlord has the right to change his position regarding subletting as long as the original lease does not impose restrictions that prevent him from making this decision or if the period of permission to sublease has expired.
3. Legal status:
If the original contract has expired or is about to expire, the decision to renew the contract may be based on new terms.
If the landlord wants to refuse to renew the lease due to the issue of not submitting a No Objection Certificate, he must negotiate with the tenant on this issue and clearly state the reason.
According to the Dubai Tenancy Law (under the Land Department and RERA), the landlord can refuse to renew the contract if there are reasonable and justified reasons, such as violating the basic terms of the contract or if there are clear changes in its requirements.
4. Compliance with the Department of Tourism and Commerce Marketing:
In case of insisting on subletting the unit, the tenant must obtain a No Objection Certificate from the Department of Tourism and Commerce Marketing to ensure compliance with local laws and regulations.
If the tenant is unable to obtain this certificate, the landlord may have the right to refuse to renew the lease based on the fact that the conditions required for subletting the unit have not been met.
5. Recommendations:
- Communication and Negotiation:
It is advisable for the landlord and tenant to communicate to reach an agreement on the terms of the contract renewal and to address the sublease issue amicably.
- Legal Advice:
If there is a disagreement or dispute regarding the rights of each party, it is preferable to consult a lawyer. Please contact us via phone or WhatsApp number [---------].
Dear Questioner,
Thanks for your inquiry!
According to UAE law, the landlord has the right to refuse to renew the tenancy contract if the tenant has subleased the unit without obtaining the necessary approvals from the relevant authorities, such as the Dubai Tourism and Commerce Marketing (DTCM).
This is because subleasing without proper approvals is considered a breach of the tenancy contract.
However, if the landlord has given the tenant written permission to sublease the unit and this is mentioned in the tenancy contract, the landlord cannot refuse to renew the tenancy contract solely on the basis of subleasing.
In this case, the landlord must honor the terms of the tenancy contract and renew it as agreed.
If the landlord wishes to terminate the tenancy contract and not renew it, they must provide a valid reason for doing so, such as wanting to use the property for personal use or selling the property.
The landlord cannot terminate the tenancy contract solely because the tenant has subleased the unit.
It is important for both parties to adhere to the terms of the tenancy contract and obtain all necessary approvals before subleasing a property.
If the landlord and tenant cannot come to an agreement, they can seek legal advice from us as a lawyer or approach the relevant authorities for assistance.
Please do not hesitate to contact us via phone or email for further guidance.
Greetings,
Greetings,
As long as the contract allows subletting, it cannot prevent it. Can you share the lease contract on WhatsApp so that we can provide you with more accurate information?
We are honored to provide you with legal support.
For further inquiries about your topic, you can come to our office or contact us via phone, WhatsApp, or email.
Dear Questioner,
If the landlord wishes to renew the tenancy contract but does not want the tenant to sublet, they can include a condition in the renewal contract that prohibits subletting.
If the tenant refuses to agree to this condition, there are several possibilities according to the prevailing rental law.
He can send a notice of termination after complying with the requirements. We will let you know how to handle the situation. Kindly share your WhatsApp number so we can discuss this further.
