أسئلة وأجوبة
Can a newly added no sharing clause impact a 5-year living arrangement with friends?
Dear Lawyers,
I am a tenant in Dubai and rented an apartment five years ago. It was understood that I would stay in the apartment with my two friends, but this was not documented anywhere.
Today, the landlord is unhappy with the rent amount, as rents have risen higher than he can legally increase it. In my latest contract from this year, a line was added in the additional comments stating that sharing is not allowed.
I didn’t notice this and signed it, although this clause was not in previous contracts. My question is: can they use this clause to cause any issues for me?
Dear Questioner,
In Dubai, once a contract is signed, its terms are binding, including any new clauses added in the renewal or new agreement.
Since the "sharing is not allowed" clause was added in the most recent contract, it becomes part of your legal obligations.
If your landlord is now aware that you're sharing the apartment with friends, they could potentially raise an issue based on this clause.
However, the enforceability of the clause would depend on the landlord’s intent and the specifics of the situation.
If the landlord decides to take legal action, they might argue that you're in violation of the lease terms.
It's important to know that landlords in Dubai generally have the right to terminate a lease or ask for eviction if terms are violated.
To protect yourself, you could discuss the issue directly with the landlord to clarify your situation.
For further assistance, kindly share your WhatsApp number.
Greetings,
You can contact the owner and amend the contract with an addendum and remove the clause that prohibits sharing housing with your friends.
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,
Yes, it can create a problem for you. The landlord can use the clause about sharing not being allowed to make problems for you.
While it's true that sharing was not explicitly prohibited in your previous contracts, the addition of this clause in your current contract makes it a legally binding term.
The landlord could issue you an eviction notice based on the violation of the contract terms. We can discuss the possibilities to overcome this situation.
You can argue that you have been sharing the apartment for the past five years, and the landlord has never raised any objections.
This could be seen as implied consent.
Kindly share your WhatsApp number to discuss this further.
Are you currently living in the apartment? Do you rent this apartment for sharing purposes?
This will also require reviewing your tenant contract to assess possible solutions under current rules and regulations.
You can reach out to us on WhatsApp for assistance in finding legal solutions.
Dear questioner,
Yes, there is a possibility. If the landlord files a case for immediate eviction in the RDC, we would need to challenge it with sufficient evidence showing that the sharing arrangement was with the landlord’s explicit consent. We should be prepared accordingly.
If you need our assistance with this matter, please share your WhatsApp number.
Does the contract specify a certain number of people allowed in the property? If it does, then there should not be more people than the allowed number.
If there’s nothing mentioned about this in the contract, and two friends are living with you without paying rent, then the landlord does not have the right to evict you from the property.
Thank you for reaching out with your inquiry!
Based on the information you’ve provided, the landlord may have grounds to take action under the clause stating that sharing is not allowed, especially since it was included in your recent contract.
While it’s true that the clause wasn’t part of your previous agreements, once a contract is signed, the terms outlined within it generally become enforceable.
However, there are a few important points to consider:
- Interpretation of "Sharing" Clause:
The landlord may use this clause to argue that your living arrangement with friends is a violation of the terms, as the contract explicitly prohibits sharing.
If this clause wasn’t highlighted or pointed out to you during the signing process, there could be potential grounds to dispute it.
- Tenancy Rights:
You have legal rights as a tenant, and the landlord’s ability to evict you or impose penalties will depend on the specific circumstances and whether they provide sufficient notice or valid reason under the UAE Rental Laws.
- Negotiation or Resolution:
If you’re facing issues with the landlord, it may be possible to negotiate the terms or clarify any misunderstandings. In some cases, resolving the matter amicably without further dispute is possible.
I recommend that you carefully review the lease agreement and the new clause with a legal expert to ensure that your rights are fully protected.
If you’d like to discuss your options and how we can assist in resolving this matter, please feel free to reach out to me directly on WhatsApp or via phone at [---------]. You can also email me at [---------] for further assistance.
Best regards,
Suhail Rana
Hello!
I’ll clarify the situation based on what you’ve shared:
1. Addition of the “No Sharing Allowed” Clause:
- Legally, any clause added to a contract must be agreed upon by both parties and must be written and signed by both parties. Since this clause was added in your new lease renewal and you signed it, you are legally bound by it.
- If you agreed to the new clause during the renewal process, then it is now part of the contract, and you must comply with it.
However, how this clause is interpreted (whether it refers to not allowing non-family members to stay or something else) may be important to understand.
2. Impact of the Clause on Your Current Situation:
- If you’re living with friends:
If the clause specifies that sharing the apartment with others is not allowed, the landlord may have grounds to ask you to comply with this condition.
If it’s found that you’re living with others (such as friends), they may request that you either change your living arrangements or potentially even terminate the lease.
- Enforcement of the Clause:
If the landlord has not previously mentioned this issue or requested a change in your living situation, it may be difficult for them to enforce this clause retroactively unless they find evidence of the violation. If they haven’t raised the issue before, they might only act if they discover it.
3. Rent Increase:
- The landlord may face legal limits on how much they can raise the rent. In the UAE, there are laws that regulate rental increases according to the Real Estate Rent Index set by the Dubai Land Department.
- If rents have risen significantly and the landlord feels unable to increase the rent according to the legal limits, they may add clauses like “no sharing allowed” in an attempt to keep the rental value in line with market conditions.
4. Can They Use This Clause Against You?
- Yes, if the landlord discovers that you’re living with friends and it violates the new clause in your lease, they can use this clause to hold you accountable, especially since it was clearly written in the contract and signed by you.
- In this case, you would be legally responsible for addressing the situation according to the terms of the lease. The landlord may ask you to either remove the individuals living with you or find another solution, such as renegotiating the terms of the lease.
5. Advice:
It’s best to try to resolve this amicably with the landlord if you’ve violated the clause, especially if this is the first time it has happened.
