• Inspect the premises and its facilities and agree on a written schedule of the property;
• Review a copy of the landlord’s passport and check the name and details on the passport against the title deed and lease agreement;
• Obtain written confirmation that all applicable service charges have been paid by the landlord;
• Obtain confirmation that all DEWA and AC invoices have been paid and check whether these are included in the rent or paid separately; and
• If the draft lease agreement refers to rules and regulations, review these before finalizing the Lease.

Yes. If you are renting a residential premises, the landlord must provide a written lease agreement which includes the following details:

• The term of the lease;
• The rent amount payable;
• The dates when the rental payments are due;
• What the leased premises can be used for;
• A description of the leased premises; and
• The identities of the landlord and the tenant.

A DIFC residential lease agreement template is available on the DIFC website at the following: https://www.difc.ae/files/3315/8012/3497/Residential_Lease_Template.docx

In order to enter into a contract of any kind in the DIFC (including a lease) an individual must be over 18 years of age and of sound mental judgement. In the event a lease is entered into by an individual under 18 years of age or who was mentally defective, the lease may be voided (annulled) by that individual, their representative or by an order of the DIFC Court.

The landlord is obliged to register lease agreements with a term exceeding 6 months with the Registrar of Real Property (the “Registrar”), within 20 days from the date of the lease agreement, failing which the landlord can be subject to a fine of USD 1,000. For all lease agreements with a term of less than 6 months, registration with Registrar is optional.

The landlord can complete the registration of lease agreement and upload the required documents, online through the DIFC client portal and the registration fee is based on the lease term:

• More than 6 months and less than 5 years: USD 100
• Equal to or more than 5 years and less than 10 years: USD 200
• Equal to or more than 10 years: USD 300.

No. Landlords are not permitted to disconnect utilities services. If this happens the landlord could be liable to a police or court case.

If something in the apartment breaks, you should notify your landlord in writing. The landlord is liable to carry out repairs within 60 days of the notice.

Tenants are not liable for damages that constitutes fair wear and tear, if the tenant took reasonable care to avoid such damages; or if the damages were caused as a result of the landlord’s failure to perform its obligations under the leasing law or the lease agreement. However, the tenant can be held liable if damages were caused due to a failure or the fault of the tenant.

Tenants may not make changes to an apartment without the landlord’s consent. If any changes are made, the tenant must restore the residential premises back to the condition they were in immediately before installation.

Your landlord may not increase the rent before the lease ends.

If a landlord wants to increase the rent for the next lease period, you must be informed at least 90 days prior to the expiry of the existing lease to give you the opportunity to decide not to renew the lease.

Under Dubai Decree No. (43) of 2013, which applies to the DIFC, the maximum percentage of rent increase can only be as follows:

The registration of a transfer of ownership of the apartment to a new owner transfers the rights, powers, privileges and liabilities of the previous owner to the new owner who will automatically become the new landlord under any lease of the apartment. Unless the lease contains an explicit right for the landlord to terminate as a consequence of sale and transfer, the new landlord will continue to be bound by the terms of the lease until its expiry and the rights and obligations of the tenant under the lease will not be impacted by the sale of the apartment

Although oral variations to agreements are permitted, the Leasing Law mandates that leases (including all of its terms and variations) must be in writing. Oral agreements may not be legally enforced by the DIFC Courts. Any promises should be offered and accepted in writing.

The DIFC Leasing Law does not provide an automatic right of renewal for tenants. Any right to renew for a successive term must be expressly included in the lease agreement.

The landlord may enter the leased premises, only when:

• Rent has been outstanding for more than 30 days; or
• The tenant has breached a term of the lease agreement, the landlord has given the tenant notice to rectify such breach, but the tenant has failed to remedy the breach.