United Arab Emirates

The leasing landscape in the United Arab Emirates is supported by a comprehensive legislative framework governs the relationship between landlords and tenants, demonstrates their rights and obligations, ensures market stability, and provides effective mechanism for dispute resolution.   The UAE has established a robust legislative structure that regulates key aspects of leasing, including contract formation, rent payments, maintenance obligations, eviction procedures, and dispute resolution mechanisms. These matters are governed by the following legislations: Dubai Law No. 33 of 2008 Amending Certain Provisions of Law No. 26 of 2007 Regulating the Relationship between Landlords and Tenants in the Emirate of Dubai; Dubai Decree No. 26 of 2013 Establishing the Rental Disputes Center in the Emirate of Dubai; Dubai Decree No. 43 of 2013 Determining the Permissible Increase in Real Estate Rent in the Emirate of Dubai; Abu Dhabi Law No. 4 of 2010 on the Lease of Premises and Regulation of the Landlord-Tenant Relationship in the Emirate of Abu Dhabi; Sharjah Law No. 5 of 2024 Governing Relationship between Landlords and Tenants; Ajman Emiri Decree No. 2 of 2017 on the Issuance of the Real Estate Lease Law; RAK Law No. 8 of 2008 on Regulating the Relationship Between the Lessor and the Tenant; UAQ Law No. 2 of 2011 Regulating Landlord-Tenant Relationships in UAQ; and Fujairah Law No. 1 of 2011 on the Lease of Premises in the Emirate of Fujairah. Together, these laws form the rental regulatory framework, promoting transparency, fairness, and legal certainty within the dynamic leasing market. Lease arrangements in the UAE vary by type and location, with rules designed to suit residential, commercial, and free-zone properties. Residential lease is intended for daily living, typically granted for one-year renewable terms. Commercial lease defines permitted business activities, with terms usually ranging from three to five years for retail and office properties, and longer for industrial properties. For a lease to be legally valid, it must clearly identify the parties involved, specify the leased property, and outline the terms and conditions governing the tenancy. Typically, a lease incorporates standard provisions, such as: The tenant confirms inspection and acceptance of the property in its current condition. The tenant shall use the property only for its designated purpose and may not assign, sublease, or transfer the lease without the landlord’s written consent, unless legally permitted. No alterations or additions may be made without the landlord’s written approval. The tenant is responsible for utility charges (electricity, water, cooling, gas) unless otherwise agreed in writing. Rent must be paid in the agreed amount, method, and timeframe. The landlord shall enable peaceful use of the property and is responsible for maintenance, unless otherwise agreed. Any dispute arising from the lease shall be referred to the Rental Disputes Center. Tenants are obligated to pay the rent as stipulated in the lease, and failure to do so constitutes a breach of the lease, which is one of the circumstances in which a lease may be terminated prior to its expiry. However, grounds for early termination may also include subleasing the property without the landlord’s prior consent; using the property for purposes that violate applicable laws or public order; introducing alterations or modifications to the property without the landlord’s approval; and where the property is at risk of collapse, provided that the landlord substantiates this with an official report issued by accredited experts. However, a property owner is not allowed to disconnect utilities in the event of breach, and the tenant may resort to the competent authority to remove the exposure and to be compensated for the damage suffered. However, upon termination of the lease, the tenant is required to return the leased property to the landlord in the same condition in which it was received, subject to normal wear and tear. If the tenant made improvements to the property and the landlord elects to retain those improvements, the tenant may not remove them. Further, throughout the lease term, landlords have a legal duty to keep the property in a habitable and safe condition. This includes maintaining the structural integrity of the building, ensuring essential systems such as plumbing, electrical, and heating or cooling are functional, and preventing any health hazards. Although the exact responsibilities may vary depending on the lease agreement and applicable law, landlords are typically accountable for major repairs necessary to preserve the property’s safety and habitability. Article 16 of Dubai Decree No. 26 of 2007 Regulating the Relationship between Landlords and Tenants in the Emirate of Dubai stipulates “Unless otherwise agreed by the parties, the Landlord will, during the term of the Lease Contract, be responsible for the Real Property’ maintenance works and for repairing any defect or damage that may affect the Tenant's intended use of the Real Property”. Therefore, the landlord is responsible for the maintenance works and repairs of any defects in respect of the leased property, which may affect the tenant's intended use thereof, unless otherwise agreed between the lease parties. In this context, the landlord may formally notify the tenant through a repair notice. This notice, typically issued in writing or via a notary, should outline the repairs needed, the expected completion timeline, and any specific instructions for the tenant to follow. Such formal communication ensures that maintenance issues are addressed efficiently and in accordance with the lease agreement. If the tenant fails to carry out the repairs within the stipulated period, the landlord may be entitled to pursue further action, including seeking appropriate legal remedies. There are also urgent repairs which require immediate attention to prevent harm to occupants, further damage to the property, or significant inconvenience. Examples include a burst pipe, gas leak, water leakage, malfunctioning air conditioning in extreme weather, or electrical failures that pose safety hazards. If a tenant identifies an urgent repair, they should promptly notify the landlord and provide clear details of the issue. If the landlord fails to respond in a timely manner, the tenant may pursue legal remedies to address the situation, such as sending a written notice and documenting the problem with photos or videos. In certain cases, tenants may be allowed to arrange for necessary repairs themselves and deduct the cost from their rent if the landlord does not act within a reasonable timeframe as stipulated in the lease agreement and applicable law. It is worth highlighting that the issue of whether a lease may be transferred to a family member or occupant upon the death or departure of the original tenant is specifically addressed in Dubai Law No. 26 of 2007, in particular Article 27, which stipulates “The Lease Contract does not expire upon the death of the Landlord or the Tenant. The contractual relationship continues with the heirs, unless the heirs of the Tenant wish to terminate such relationship, provided that termination comes into effect no less than thirty (30) days from the date of notifying the Landlord of such intent or the expiry date of the Lease Contract, whichever comes first.” Another important issue in property rentals is nuisance, which refers to actions or conditions that disrupt a person’s use and enjoyment of their property, causing inconvenience, annoyance, or harm. Examples include excessive noise, property damage, illegal activities, or conduct that violates the terms of the lease. If a tenant’s behaviour or use of the property significantly interferes with the rights of the lessor or other tenants, it may be deemed a nuisance. Situations that could constitute a nuisance include ongoing or excessive noise that disturbs neighbours’ quiet enjoyment; strong, unpleasant odours affecting nearby properties; activities that cause air or water pollution, potentially endangering health; and neglecting property maintenance, resulting in unsanitary conditions or health risks for neighbours. However, a tenant whose actions create a nuisance affecting the lessor or other tenants may be in breach of the lease and subject to legal action. Equally, if a lessor fails to remedy conditions causing a nuisance, tenants may have the right to seek remedies or take legal action. The tenant has a fundamental right to the peaceful enjoyment of the leased property and to the privacy of the premises. Nevertheless, there are circumstances where the landlord may need to access the unit, including emergencies, routine inspections, necessary maintenance, or showing the property to prospective tenants. Under UAE law, the landlord must obtain the tenant’s prior consent before entering the property, except in urgent situations where immediate access is required. A tenant’s rights upon a landlord’s entry depend on whether the access is lawful or unauthorized. If the landlord enters legally and causes damage, the tenant may claim compensation. Nevertheless, if the entry is unauthorized and results in damage, the tenant may file a criminal complaint and pursue a civil claim for compensation. It is worth also noting that, according to the laws and regulations of the Emirate of Dubai, payments commonly referred to as “key money” or “goodwill payments” are not allowed. The regulations governing the landlord-tenant relationship prohibit any payment from a prospective tenant to an existing tenant as an inducement to vacate the premises. Instead, tenants are required to fulfil legitimate financial obligations, such as advance payments, which form part of the contractual rental amount specified in the lease agreement. However, a deposit may be required to secure the leased property. This deposit is paid once landlord and tenant have reached a mutual agreement, even if the formal lease contract has not yet been executed. It is generally agreed that if the tenant fails to appear for the contract signing and consequently breaches the tenancy commitment, the deposit will be retained and considered non-refundable. It is also important to point out that if a tenant vacates the leased property without returning the key, the landlord may approach the Rental Disputes Center to recover outstanding rent and request that the property be handed over unencumbered. The landlord may also claim rent up to the date the property is effectively vacated. Before filing such a claim, the landlord must issue a 30-day formal notice instructing the tenant to vacate, surrender the key, and settle any pending payments. If the tenant provides the key or the landlord takes possession, and only unpaid rent remains, the landlord may still file a claim for the outstanding amount with the Rental Disputes Center. This can result in a payment order or enforcement action under the Civil Procedure Law. A tenant facing difficulty in paying outstanding rent may file petition with the Center to demonstrate financial hardship and request an instalment plan until their financial situation improves. Further, it is important to note that when a tenant leaves their belongings in the leased property without officially ending the lease, or fails to vacate while carrying unpaid rent, the landlord is legally entitled to seek a court order for eviction or repossession. In such cases, the landlord may also invoke “enforcement seizure” over the abandoned possessions. The seized items are assessed by the competent authorities, and their evaluated value is deducted from the tenant’s outstanding rental obligations. In conclusion, leasing property in the UAE is governed by a clear legal framework that balances rights and responsibilities of landlords and tenants, covering habitability, privacy, financial obligations, and resolution of disputes to protect all parties involved. Understanding these rules ensures a fair, transparent, and secure tenancy, helping prevent conflicts and maintain a smooth rental experience. For more information on our lease legal services, please contact Manish Narayan, Partner, and Essa Ziad Galadari, Advocate.   

Introduction The Federal Decree-Law No. 41 of 2024 represents a major step forward in modernizing the approach to alimony and family support in the UAE. Rather than treating maintenance as a rigid financial obligation, the new law adopts a more realistic and compassionate understanding of what family support truly entails. It defines alimony as “the necessities and essential needs such as food, clothing, shelter, medical care, and education," thereby placing everyday well-being at the center of the legal framework. The law is crucial because it makes the rules more flexible and structured, keeping in mind the practical realities of family life. Thus, providing stronger assistance for dependents and easier to enforce, which suggests that the UAE's personal status system is moving in a more progressive direction. Flexible Family Support The judge must take into account the financial capacity of the individual providing support, the beneficiary's specific requirements and condition, and the economic conditions of the time and place in order to ensure that the support is no less than what is required, as per Article 96. Article 96(3) clearly suggests that alimony can be replaced by allowing the use or benefit of property in kind. This enables the provision of a home or vehicle as an alternative to a portion of financial support. Throughout history, the primary emphasis was on evaluating cash quantities in accordance with the debtor's financial capacity. Under the previous regime, Article 63 stated that, while it included a dwelling as part of alimony, the focus remained heavily on assessing cash amounts based on the debtor’s financial capacity, the beneficiary's specific condition, and the economic conditions of the time and place. The new law makes it possible to use various kinds of property as a direct replacement for the entire alimony obligation. This modification gives the payer greater flexibility and gives the family immediate financial help. In practice, this reform provides a flexible alternative for those obligated to pay support. Strengthened Enforcement and Legal Priority To maintain families financially stable and make sure that dependents support without delay, the new law makes it easier to execute priority orders by placing alimony payments over other financial obligations. Article 98 designates continuous alimony, due from the date a claim is filed, and classifies it as a privileged debt that takes precedence over all other debts. Additionally, the clause offers depth by clarifying that wives, children and parents are considered dependents and are entitled to continuing alimony. It again clarifies that the ‘past alimony shall be considered as other debts,’ meaning it is considered as a standard debt and doesn't enjoy the same priority status as ongoing current alimony support. This means that if a debtor owes money to more than one person, the current monthly support (alimony) will come first. On the other hand, any unpaid alimony from previous years is not given the same priority and is instead treated as a regular civil debt. Article 3(2) of the Issuance Provisions of the Federal Decree Law No. 41 of 2024 says that the Cabinet, based on the proposal of the Minister of Justice after coordination with relevant entities, can designate either a government or private entity to pay alimony to the family first and then collect it from the debtor. This is a major shift as these organizations take on the "capacity of judgment creditors." Article 65 of the 2005 Law also states that continuing alimony is a privileged debt and is more important than other debts. But it didn't include the third-party administrative system that was added in the 2024 Decree. The enforcement earlier was a direct court process between the two parties, which often led to significant delays. Retrospective Expenses The new law updates the timelines for claiming past support and allows for retroactive adjustments in certain scenarios. The court may modify existing alimony orders when circumstances change (e.g., a significant increase in the cost of living or the father’s income), which is a general provision in both laws. According to the new law under Article 97(2)(a), the court can now order an increase in alimony with a retroactive effect of up to six (6) months from the date of the claim. However, a ruling to decrease alimony does not have a retroactive effect and is generally calculated from the date the judgment is issued, unless the court specifies otherwise. The old law lacks such time frame provision for retroactivity. Earlier, under the previous law, Article 64(3) says that any increase or decrease was strictly computed from the date the claim was introduced in court, with no further retroactive window. The regulations that govern retroactivity and back-dated expenses have been substantially improved. These modifications make it easier to adjust alimony by making certain "look-back" windows smaller than they were in the 2005 Law. Article 99(3) reduces the wife's claim for unpaid alimony from three years to two years. This encourages people to file disputes more quickly and preventing unmanageable debts for the payer. However, both the new law in Article 111 and the old law in Article 86 maintain a one-year limit for claiming past-due maintenance for children from their father. The UAE has provided protection for families that are going through unforeseen changes in their finances by enabling retroactive changes. Other Progressive Amendments Article 95 of the new law defines alimony as including necessities and essential needs, specifically naming "education" alongside food, clothing, shelter, and medical care, whereas the old law did not explicitly list "education" in its primary definition of maintenance. This can be seen as a progressive change giving importance to education. Another significant new protection for women involves a penalty for husbands who do not promptly register a divorce. A husband is now legally required to authenticate a divorce in court within 15 days, according to Article 58. If he fails to do so without an excuse, the wife is entitled to compensation equivalent to the alimony she would have received from the actual date of the divorce until the date it is officially authenticated. This ensures women are not left out from getting the financial help by a husband's administrative delay. The new law also brings simplified forfeiture rules under Article 103. The criteria for when a wife loses her right to alimony have been simplified to focus on specific, modern interactions. Alimony is forfeited only if she refuses intercourse, refuses to move to/stay in the marital home, or refuses to travel with her husband without a valid and justifiable reason, unlike the previous law, which included more complex scenarios for forfeiture under Article 71. Conclusion The 2025 reforms transform family maintenance from a possible source of dispute into a flexible safety arrangement by allowing in-kind property contributions to substitute for cash payments. By granting ongoing alimony priority status and empowering third-party entities to pay dependents immediately before recovering funds from debtors, the law ensures that a child's basic needs are never held bound by administrative or payment delays. These reforms, when combined with the implementation of retroactive increases for a maximum of six months, establish a financial framework that prioritizes the family unit's sustained stability and well-being ahead of all else. Collectively, these reforms indicate a deliberate transition toward the UAE's family law system, which is characterized by improved financial security, accountability, and equitable protection. Author: Awatif Al Khouri

Introduction The UAE's judicial approach to family matters has undergone a transformative shift with the enactment of Federal Decree Law No. 41 of 2024, which officially replaces the framework of Federal Law No. 28 of 2005. The new law brings effectiveness in the dispute resolution process while placing the child's best interests first. These changes reduce the time frame spent in the system, giving importance to family stability. Shortened Arbitration Period An arbitrator is appointed in the first instance when a marriage reaches a point of "discord",. Under both the old and new laws, the process is designed to prioritize family stability before a final divorce is granted. Arbitrators are appointed when a spouse files for divorce due to harm or prejudice, but the harm is not immediately proven to the court's satisfaction as per Article 72 of the law. The primary reasons for their appointment are to identify the root causes of the prejudice and discordance that make friendly companionship between the spouses impossible, and to make every effort to reconcile the spouses and save the marriage. If reconciliation is impossible, the arbitrators determine which party is at fault and recommend the financial terms of the separation. The new legal framework introduces a significant reduction in the time allotted for divorce arbitration. Article 72 of the new law says that the court is now required to set an arbitration period not exceeding 60 days from the date the arbitrators are appointed. This represents a substantial decrease from the standard set in the previous legislation, where Article 118 (2) permitted an arbitration assignment to last for up to 90 days. This reform is a central component of the initiative to create a streamlined family court in the UAE, aimed at preventing cases from languishing in the system and reducing the emotional burden on the family. A reasoned decision is submitted by arbitrators to the judge, which outlines their efforts and conclusion. Claims for Extended Custody The UAE has significantly expanded the legal window for parents to assert their custodial rights, doubling the amount of time parents have to make a claim to protect their interests. According to Article 115(1)(d) of the new law, a parent's right to custody is forfeited only if they fail to claim it for a period exceeding one year from the date they became aware of their right. A critical component of this modernization is the emphasis on judicial flexibility. The legislation right now says that this one-year forfeiture requirement can be disregarded if the child’s best interest requires a different outcome. However, under Article 152(3) of the old law, a parent might lose their right to custody if they remained silent and failed to claim it for 6 months without a valid excuse.  This shows that the changes introduced by the 2024 enactment make sure that parents are given adequate time so that they are not unfairly denied of their legal rights. Expedite Court Procedures The authority of Urgent Matters Court has been significantly increased by Federal Decree Law No. 41 of 2024 to guarantee that legal matters do not interfere with a child's daily life. Article 112(4) provides that any conflict concerning the child's best interests be brought before the summary magistrate, who issues a rapid decision via an "order on petition" while considering the guardian's financial capacity and respecting the mother’s educational guardianship. In addition, Article 112 (5) provides an important way to resolve disagreements about a child's education without the delays of a regular trial. While the custodial mother is designated as the educational guardian by default under Article 112 (3), this is not an absolute right. Article 112 (5) serves as the "corrective" mechanism to this. It allows the father or another legal guardian to petition for a transfer of educational guardianship if they can prove that the child's interests require such a change. These provisions collectively aim to protect the child's interest at the same time does not interfere with a child's education or immediate welfare requirements. Discretionary Family Guidance Going from a mandatory to a discretionary approach for family guidance in the UAE has made it much easier to proceed to court. Article 16 (1) of the 2005 Law says that a personal status case can't be brought to court until it has been sent to the Family Orientation Committee first. While there were narrow exceptions, such as wills, inheritance, and urgent summary alimony, custody or guardianship cases, most standard divorce and dispute cases were legally blocked from reaching a judge until mediation had been attempted. In order to reduce administrative delays, the 2024 Law shifts this requirement into a discretionary tool for the court. Under Article 8 (1) of the new law, the supervising judge now "may" issue a decision to refer parties to the Family Guidance and Reconciliation Centre only "if deemed beneficial". Judges can now expedite cases directly to trial if it is clear that reconciliation is impossible, avoiding the previous "wait time" required by the mandatory committee phase. The new law explicitly exempts urgent orders regarding alimony, custody, and guardianship that cannot be reconciled from referral to the Family Mediation and Guidance Centre. This ensures that immediate protections for children and financial support are not delayed by a mediation process. Conclusion The UAE family court has been effectively transformed into a responsive system as a result of the 2025 reforms. By accelerating the divorce arbitration period to 60 days, doubling the custody claim deadline to one year, and moving to a discretionary family guidance model, the law effectively removes traditional administrative hurdles. Ultimately, by empowering the Magistrate of summary justice to break deadlocks via "orders on petition" for urgent welfare needs, the new law ensures that the judicial process acts as a swift protector of the child’s stability rather than a source of prolonged litigation. Author: Awatif Al Khouri

Introduction One of the first things fathers say in a divorce consultation is not about assets or maintenance. It’s this: “Am I going to lose my children?” There is a persistent belief in Dubai that once a marriage ends, the mother automatically gets custody, and the father becomes a weekend visitor. That assumption causes unnecessary panic, and in many cases, it is simply wrong. The law in the UAE does not remove fathers from their children’s lives by default. What it does do is prioritise the child’s welfare above everything else. Once you understand how the system actually works, the position becomes far clearer and far less alarming. The starting point depends on the family In Dubai, custody is governed by federal legislation. For Muslim families, Federal Decree Law No. 41 of 2024, the Personal Status Law, applies. For non-Muslim families, Federal Decree-Law No. 41 of 2022 introduced a civil framework that significantly changed how custody is approached. That 2022 law is particularly important for expat fathers. It introduced a presumption of joint custody. In simple terms, the court begins with the idea that both parents should continue sharing responsibility after divorce unless there is a clear reason not to. That is a major shift from older assumptions. For Muslim families, physical custody and guardianship are usually misunderstood. Custody Does Not Equal Losing Control: What Fathers Need to Know The father often assumes that there is a total loss of control when the custody is given to the mother, but there is not. However, in physical custody, the child lives with the mother on a day-to-day basis, and in guardianship, in many Muslim cases, the father remains the legal guardian even if the child resides primarily with the mother. Guardianship commonly includes decisions about schooling, travel, passports, financial matters, and broader legal representation. That authority is not symbolic. It carries real legal weight. So while a child may spend more overnight time with one parent, major decisions often still require the father’s involvement or consent. Understanding this distinction is central to understanding fathers' rights in child custody in Dubai. How Dubai Courts Approach Custody Decisions Courts favor stability, continuity, and the arrangement that protects the child’s emotional and educational well-being. Historically, younger children have often lived with their mothers, particularly in Muslim families. But that is not an automatic or irreversible rule; it depends on situations in certain cases. In non-Muslim cases under civil law, shared parenting is the default position. The court expects both parents to remain actively involved unless evidence shows that such an arrangement would harm the child. If a father can demonstrate that living primarily with him better serves the child’s interests because of schooling, stability, safety concerns, or relocation risks, the court can and does award custody accordingly. Gender alone is not decisive. In such scenarios, preparation of the case is important. For that reason, many fathers seek early guidance from a top family law firm in Dubai or consult the best family lawyer in the UAE to ensure their case is presented clearly, calmly, and with a consistent focus on the child’s welfare. Relocation Outside the UAE: Guardian Consent and Court Approval In a city like Dubai, where many families are expatriates, international relocation is one of the most contested issues. If the father is the legal guardian, the child typically cannot be relocated outside the UAE without his consent or a court order. That gives fathers significant legal standing in relocation disputes. Judges look closely at whether a move would disrupt schooling, extended family relationships, or regular contact with the other parent. If one parent wishes to move, relocation may not be approved unless the reason is in the best interests of the child. These cases are fact-heavy and require careful preparation. Impact of Remarriage on Father’s Rights For Child Custody In Dubai In Muslim custody cases in Dubai, remarriage can be a factor the court considers, but it is not a mechanical trigger. The court will examine whether the new circumstances genuinely affect the child’s welfare. Again, the child’s interests remain the center of the analysis. How Judges Evaluate Fathers’ Child Custody Rights in Dubai In practice, Dubai courts look at patterns, not isolated arguments. Who has been actively involved in schooling? Who attends medical appointments? Where is the child most emotionally settled? Is either parent behaving in a way that creates instability? Documentation carries weight. Emotional accusations do not. Older children may be heard, depending on maturity, but their preference is only one factor among many. As Mrs. Awatif often advises clients, custody cases are not won through dramatic arguments but through steady evidence and a child-focused presentation. Fathers seeking clarity on how courts assess these matters frequently consult a top law firm in Dubai or work with the best family lawyer in the UAE to ensure their position reflects what judges are actually looking for. Immigration and sponsorship Even where a father does not receive primary physical custody, access rights are enforceable court orders. It is not optional, depending on goodwill. For non-compliance with the court orders, courts intervene and impose penalties for non-compliance. Travel permissions, visa status, and sponsorship rights may be affected by the custody arrangement. Such issues should be addressed specifically in expat families, since they can later become an issue. Conclusion Consistency and involvement are the major focus when going through a divorce. Maintain records of your engagement in your child’s life. Avoid hostile communications. Demonstrate stability. Seeking early advice from a top family lawyer in Dubai who understands how local courts approach fathers’ rights in child custody cases is very crucial. Mrs. Awatif Al Khouri from Awatif Mohammed Shoqi Advocates and Legal Consultancy has shown unwavering dedication in protecting the fathers’ child custody rights in several divorce cases. To note, strategy and timings matter equally. Many custody outcomes are shaped long before a final judgment is issued. According to UAE law, in Muslim cases in Dubai, the father retains the right of guardianship, and in non-Muslim cases, joint custody is presumed. Divorce changes the structure of a family. It does not remove a father’s legal status or importance. In Dubai, the courts understand that the benefit of children is built with meaningful relationships of both parents. Author: Awatif Al Khouri