A tenant approaching you with a request to sublet their apartment or villa can be a source of uncertainty for any landlord. What are the rules? What are your rights? Are you opening yourself up to risk? While it might seem complicated, the law in Dubai is very clear on this matter.

The most important thing to know is that subletting is legal, but only with the landlord's explicit, written permission. This guide will walk you through the legal framework, the correct step-by-step process, and the key factors to consider to protect your property and your investment.

The Golden Rule: Is Subletting Legal in Dubai?

Yes, but the law puts the landlord firmly in control. According to Article 24 of RERA Law No. 26 of 2007, a tenant cannot sublease a property unless they have obtained the landlord’s written approval. If a tenant sublets your property without your consent, it is considered a serious breach of the tenancy contract.

What happens if a tenant sublets illegally? An illegal sublet is one of the grounds for eviction under Dubai's tenancy laws. In such a case, you have the right to start eviction proceedings against both your original tenant and the sub-tenant living in the property.

The Landlord's Choice: Should You Agree to a Sublet?

First and foremost, you are under no obligation to approve a subletting request. You have the absolute right to refuse, and you do not need to provide a reason.

Reasons you might consider saying "Yes":

• Good Tenant Relationship: You have a long-standing, positive relationship with a reliable tenant who has a legitimate reason (e.g., temporary job relocation, extended family emergency).
• Avoiding a Broken Lease: Allowing a sublet can prevent your tenant from breaking their lease early, which saves you the time and expense of finding a brand-new tenant.
• Continuous Rent: It ensures your rental income continues without interruption.

Potential Risks to Consider (Reasons to say "No"):

• Loss of Control: You lose control over who is living in and looking after your property.
• Unvetted Occupant: The sub-tenant has not been screened by you and may not meet your standards.
• Increased Wear and Tear: A sub-tenant may not care for the property as diligently as the main tenant.
• Liability: Your main tenant remains responsible, but resolving issues caused by the sub-tenant can become complicated.

The Step-by-Step Legal Process for Subletting

If you decide to approve the request, you must follow these steps to ensure the process is legal and your interests are protected.

• Step 1: Receive a Formal Written Request. Your tenant must formally request permission to sublet in writing. A verbal conversation is not sufficient.
• Step 2: Conduct Your Due Diligence. You have the right to vet the prospective sub-tenant. Ask your main tenant to provide the sub-tenant’s key documents, such as their Emirates ID, passport, and visa copy. You are entitled to screen them just as you would any primary tenant.
• Step 3: Issue a No Objection Certificate (NOC). This is the most critical document in the process. The NOC is a formal letter from you, the landlord, giving your explicit, written consent for the sublease. The NOC should be specific, clearly stating:
  • The name of the main tenant.
  • The name of the approved sub-tenant.
  • The exact period for which the sublease is permitted.
• Step 4: Review the Sublease Agreement. This is the rental contract between your main tenant and the sub-tenant. While you are not a party to this agreement, you should review it to ensure its terms do not contradict your original tenancy contract. The sublease term cannot extend beyond the term of the main lease.
• Step 5: Clarify All Responsibilities. It must be crystal clear that your main tenant remains 100% responsible for the property. This includes timely rent payments and any damages caused by the sub-tenant. Your legal relationship is with your original tenant only.

Protecting Your Investment: Key Reminders

• A Single Point of Contact: All communication, requests, and especially rent payments must continue to come from your main tenant. Never accept rent directly from a sub-tenant, as this could legally be interpreted as you forming a direct tenancy relationship with them.
• The Sublease is Secondary: The original tenancy contract you signed remains the primary, governing document. The sublease is subordinate to it.
• Right of Inspection: Your right to inspect the property (with proper notice) as stipulated in your original agreement remains fully intact.

Conclusion

A tenant's request to sublet doesn't have to be a cause for alarm, as long as you understand your rights and the correct legal procedure. You are in complete control to approve or deny the request. If you do approve it, a formal No Objection Certificate (NOC) is essential, and you must always remember that your original tenant remains fully liable for your property.

Navigating these situations correctly is key to protecting your investment. If you're ever in doubt, seeking advice from a professional property manager can provide clarity and peace of mind.