Q: I own a business in Abu Dhabi and my office is located in a business centre. The business centre issued a Tawtheeq and I renewed my trade licence. Four months later, I gave a notice to the business centre to leave the office. They said I need to provide them with the new trade licence that has the new office address so they can give me back the 2 security checks and the one-month cash deposit they have. I didn't rent a new office yet and I understood the business centre managed to cancel the Tawtheeq. However, they still insist on getting the updated trade licence with the new office address so they can rent again the office I was occupying, they said it was what the "Tawtheeq" department asks for. Is this all legal? What are my options? Do I necessarily need to have a new office to claim my 2 cheques and deposit back? Thanks

Q: A company has rented a small office in a business center, but has been unable to pay the rent for a few months since the COVID-19 lockdown. The business center has locked up the office, preventing access and usage, but continues to accrue the new unpaid rents as being due even though the company has no access to use the premises. Is this legal? The lease mentions that the landlord is allowed to lock up the office in case of late payments, but I had in mind that was illegal, hence that this clause was invalid, and that the company should have access to the office and to retrieve its belonging from there. Thanks, E.

Q: Dear Sir/Madam, I purchased a commercial property office in Al Barsha Heights Dubai in May 2023. It was rented and an eviction notice was issued on December 19, 2023. The tenancy contract/Ejari expired on April 24, 2023. The tenant agreed and signed in the addendum terms that he would send a written request to the owner to renew the contract 45 days before the expiry date and that he would pay the rent as per the RERA review. However, he has not sent any official email to the previous owner or the new owner to renew his contract/Ejari. One month has passed since then. Meanwhile, the previous owner has sent emails to the tenant from her registered email stating that she will not renew the tenancy contract after it expires on April 24, 2023, and that he should vacate the office on the expiry date. She also informed the tenant that the office has been sold. The tenant is now living in the office without renewing the contract and is saying that he can live there until December 18, 2023, as per the eviction notice. In this situation, what action can I take as the new owner?

An interview-format article covering the topic of defaulting on commercial lease in the UAE and related procedures. This is from the legal podcast of lawyer Ludmila Yamalova, the founder of Lawgical with LYLAW. In this article, Ludmila discusses what one should do if the tenant becomes unresponsive.

In the UAE, the relationship between landlords and tenants in terms of their responsibilities is primarily governed by Federal Law No. 5/1985. This law covers commercial properties without addressing the part related to maintenance and duties. However, it is common for commercial tenants to assume responsibility for repairs and upkeep.

The relationship between tenants and landlords is regulated in Dubai by Law No. 33 of 2008 Concerning the Relationship Between Landlords and Tenants in the Emirate of Dubai. The arising rental disputes are referred to Rental Disputes Settlement Centre (“RDSC”) created by Decree No. 26 of 2013 to reconcile between the parties and reach an amicable settlement or seek a final judgment issued and enforced by the RDSC.

The provisions of this Law apply to real property leased out in the Emirate of Dubai, including vacant and agricultural lands, but excluding hotel establishments and real property provided by natural or legal persons as accommodation to their employees at no charge.

Provisions of this Law supersede articles (2), (3), (4), (9), (13), (14), (15), (25), (26), (29), and (36) of Law No. (26) of 2007 Regulating the Relationship between Landlords and Tenants in the Emirate of Dubai. 

This Decree establishes a specialised judicial system to hear rent disputes and develops the procedure for determination of such disputes through an expeditious and simple process for the purpose of realising social and economic stability for all persons involved with the real property rental and other related sectors.