Cohabitation in the U.A.E.

Тим Эллиотт
Hello, and welcome to Lawgical, wherever in the world you’re listening. This is the regular weekly podcast from the Dubai-based law firm Yamalova & Plewka, still the Gulf region’s first and only legal podcast. I’m Tim Elliott, here at the offices of Yamalova & Plewka with the Managing Partner, Ludmila Yamalova. Lovely to see you.

Людмила Ямалова
Good to see you too, Tim.

Тим Эллиотт
Lawgical is a weekly chance to consider legal questions, particularly those related to the UAE. If you’re listening and have something on your mind, you’re always welcome to get in touch for legal answers. The best way to find us is via lylawyers.com.

In this edition, we’re discussing the laws surrounding cohabitation in the UAE. Ludmila, finding an affordable place to live in a big city can be challenging, especially when first arriving. That’s why many city dwellers—whether in London, New York, Paris, or elsewhere—turn to roommates. But locally, this issue has been a subject of continuous debate. Let’s break it down. Is it legal for an unmarried male and female to cohabit as roommates in the UAE?

Людмила Ямалова
In short, unless the male and female are married, it is technically not legal for them to cohabit in the same space. Married couples and their extended families, including first- and second-degree relatives, can cohabit. Opposite sexes who are unrelated, however, cannot legally cohabit unless they are immediate relatives, such as siblings.

Тим Эллиотт
Who would be penalized if an unmarried male and female are found cohabiting as roommates?

Людмила Ямалова
Both would be penalized. The circumstances of the cohabitation are significant. If they are merely roommates, penalties might be limited. However, if they are in a relationship and living together, the penalties could be more severe, including criminal sanctions or even deportation, depending on the specific situation.

Тим Эллиотт
What about scenarios where two or more men, or two or more women, share a house or apartment?

Людмила Ямалова
That is allowed. However, there are legal nuances regarding the landlord-tenant relationship. For instance, if five women rent a villa together, typically, only one individual signs the lease agreement with the landlord. The others become subtenants or sublessees. Landlords generally do not permit multiple tenants to sign the same agreement.

Тим Эллиотт
So, the law doesn’t specify the number of people who can live together in one property?

Людмила Ямалова
The law does impose limitations on the number of people living in a specific property. For example, you cannot have 20 men living in a one-bedroom apartment. The general rule is one person per 10 square meters (about 100 square feet). Additionally, some communities have specific regulations, such as family-oriented areas that may limit cohabitation among unrelated individuals.

Тим Эллиотт
Let’s discuss rental agreements. If two or more people share a house but only one name is on the lease, how does the sublet arrangement work?

Людмила Ямалова
Subletting is generally not allowed unless expressly permitted in the rental agreement. Dubai’s rental laws and standard tenancy agreements typically include a clause prohibiting subletting unless agreed upon by both parties. If you sublet without permission, you could face eviction.

For instance, if you rent a villa and sublet its rooms to others, you remain responsible for the entire rent. You can only legally sublet if the agreement explicitly allows it. Otherwise, landlords may take legal action for unauthorized subletting.

Тим Эллиотт
What happens in cases where someone rents a property and sublets it purely for profit?

Людмила Ямалова
That’s a common scenario where complications arise. For example, if someone rents a property for AED 100,000 and sublets rooms to others for a total of AED 200,000, they’re essentially profiting from the subletting. This practice is illegal unless explicitly allowed in the agreement.

Often, the primary tenant collects money from subtenants, pays part of the rent to the landlord, and disappears before paying the balance. The landlord is then left with unpaid rent and unauthorized occupants.

Тим Эллиотт
We are guests in the UAE, where cultural coexistence thrives. However, the law of the land is Sharia, which mandates respect for local moral codes, including cohabitation laws.

Людмила Ямалова
Indeed. It’s important to respect the UAE’s cultural and legal framework. For Muslims, penalties for cohabitation are more severe as the act also violates religious principles.

In practical terms, many unmarried people do cohabit in Dubai without incident. However, if a complaint is filed or authorities conduct an inspection, the legal framework comes into play. Knowing and understanding the law helps expatriates be prepared for potential consequences.

Тим Эллиотт
Cohabitation in the UAE—its laws and implications. That concludes this episode of Lawgical.

If you have legal questions or want to consult a qualified UAE legal professional, visit lylawyers.com or WhatsApp at +971 52 525 1611. Stay tuned for more insights on legal issues and news from the offices of Yamalova & Plewka.