Tim Elliott
Welcome to Lawgical, the UAE’s first and really the only legal podcast. My name is Tim Elliott. Lawgical comes to you from the Dubai-based legal firm HPL Yamalova & Plewka. And as always, here’s the managing partner, Ludmila Yamalova. Good to see you, Ludmila.
Ludmila Yamalova
Good to be here with you, Tim, as always.
Tim Elliott
This time, we’re going to do what we like to call a Lawgical Lite. Hopefully, a slightly more bite-sized podcast, but a reasonably quick, speedy examination of the UAE’s Rent Agreement Registration document. It’s mandatory and it’s known as Ejari. Now, that means “my rent” in Arabic, Ludmila. We’ve talked about real estate rental agreements and Ejaris countless times. They come up a lot. But in simple terms, an Ejari is the mandatory registration of your tenancy contract. That’s what it is and what it does. It was initiated by the Real Estate Regulatory Agency, RERA.
Basically, if you’ve got real estate in Dubai, there’s an Ejari somewhere.
Ludmila Yamalova
Indeed. Just for clarification, anything related to rental laws and regulations is actually more or less Emirate-based. Every Emirate has its own rental laws and therefore rental agencies. In Dubai, it is RERA, as you rightfully said. That’s the Real Estate Regulatory Agency, and it sits under the umbrella of the Dubai Land Department.
In other Emirates, most rental agreements and rental matters are administered and regulated by the municipality, through a special arm under the municipality. But in Dubai, it’s a separate authority, the Dubai Land Department. However, we are starting to hear about a push toward setting up specialized agencies similar to Dubai’s DLD and RERA for rental agreements in other Emirates as well.
But for the time being, it’s a mandatory requirement across the UAE that rental agreements are not just executed by party signatures but are also registered with one or another government agency. So, when you have a rental agreement, unlike, perhaps, in the UK or the US, where it’s just a matter of you and I—your tenant and me—signing the agreement and voila, we have a tenancy agreement.
In the UAE, you need to take it a step further and register that agreement. If you’re in Dubai, it would be with RERA. And as part of this registration, it’s called Ejari, meaning “my contract” in Arabic. You will receive an Ejari certificate, which is a one-page, abridged version of your lease agreement that encapsulates the most important aspects, such as the parties, rental period, the property, and the rental amount.
This Ejari certificate will be in both Arabic and English. And the certificate reflects the lease agreement, listing key details like the property and parties involved. This process is similar in other Emirates, though done through different agencies. However, the requirement to have your lease agreements registered remains the same across the UAE.
One of the key reasons why Ejari is important is for things like your residence visa. To apply for a residence visa in the UAE, you need to present your Ejari certificate or an equivalent, especially if you’re staying in a hotel long-term, which would issue a similar document.
Ludmila Yamalova
Exactly. So, an Ejari is important, and having a basic understanding of how rental agreements are registered is crucial because it formalizes the rental relationship. The protocol for registering a rental agreement with the authorities is important.
Now, most of us renew our Ejaris annually, but I’m reading that you can register for as much as 10 years.
Tim Elliott
Indeed, that’s right. It’s important because there are two things to consider. One is what goes into the lease agreement itself—so, is there a standard template? There’s also this misconception that every rental agreement is executed for a period of one year. And while it’s true that many forms for tenancy agreements are circulated, that form isn’t mandatory.
The circulating form exists out of convenience, and it can be used as a base document or customized as needed. It’s not a standard form that you’re required to use, and you can deviate from it. So, the rental agreement term is also negotiable between the parties.
It’s important to note that, for registration with Ejari, the lease must be for at least six months. However, the length of the agreement doesn’t have to be for one year. You can have a rental term longer than one year—two years, three years, five years, and even up to 10 years. As long as the lease is for no more than 10 years, it can be registered with Ejari and treated just like a one-year agreement under the same regulations and protocols.
Ludmila Yamalova
The belief that rental agreements are limited to one year is a historical practice rather than a law. In the past, tenants had to issue checks for the entire duration of the lease. This created discomfort, as tenants didn’t want to commit to a long-term payment upfront, especially when rents would increase every year. This practice led to most agreements being limited to one year.
However, this is not a legal restriction, and it’s always been possible to negotiate longer terms. If you’re looking for more security in your rental agreement, negotiating a longer contract term is something that can be done.
Tim Elliott
In theory, with a longer-term Ejari—say, three or five years—you can negotiate your rent rate to lock it in for a longer period. The market in the Emirates is dynamic, and rent prices can fluctuate. So, securing your rent for the duration of your contract provides stability.
Ludmila Yamalova
Exactly. And this is particularly important now, as the real estate market strengthens again, and landlords may want to evict tenants to charge higher rents. But under current regulations, they cannot increase rents or evict tenants before the lease term ends. For example, with a five-year contract, you’re protected from unexpected rent hikes or eviction unless the contract stipulates otherwise.
If a landlord wants to increase rent, they can only do so once the contract expires. The same applies if a landlord wants to evict you to move in themselves or sell the property. The new owner would be obligated to honor your contract.
Tim Elliott
So, a longer contract is definitely a good way to protect yourself.
Ludmila Yamalova
Indeed. It’s especially beneficial if you plan on staying in the UAE for a few years. And even if your plans change, you can negotiate terms for early termination, such as paying a penalty or giving notice. But it’s crucial to understand your rights and negotiate the terms that work best for you.
Tim Elliott
All of this is under the jurisdiction of the Rental Dispute Center (RDC) and the Real Estate Regulatory Authority. Your rights are protected by these bodies.
Ludmila Yamalova
Exactly. And when negotiating a rental agreement, remember that you can include anything you both agree upon. Contracts are voluntary and flexible. For example, if the landlord wants a longer contract but also wants the option to raise the rent, you can agree to include that in the contract. As long as both parties agree, these clauses become legally binding.
Tim Elliott
So, landlords can build rent increases into the contract, and tenants can negotiate protections for early termination. All of this can be customized in the agreement.
Ludmila Yamalova
Yes, and it’s especially important for longer contracts. These clauses should be clearly documented, as they help protect both parties’ interests.
Tim Elliott
Another benefit for tenants considering a long-term agreement is the desire to invest in property improvements. If a tenant wants to beautify or maintain the property, a longer contract provides security that the investment will be worth it.
Ludmila Yamalova
Exactly. Tenants who invest in property improvements will benefit from the use of the property for the entire duration of the lease. Without a long-term contract, tenants could be at risk of eviction after investing significant amounts of money into the property.
And just to clarify, this applies to both commercial and residential contracts. The laws don’t differentiate between the two, and similar regulations are in place across other Emirates as well.
Tim Elliott
That’s another episode of Lawgical. This time, the UAE’s mandatory Rent Agreement Registration document—Ejari, meaning “my rent” in Arabic—which can be registered for up to 10 years. Now you know!
Our legal expert here on Lawgical, as always, Ludmila Yamalova, managing partner at Yamalova & Plewka. Once again, thank you, Ludmila.
Ludmila Yamalova
Thank you, Tim, as always.
Tim Elliott
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