Sharjah Ruler issues New Tenancy Law in the Emirate

H.H. Dr. Sheikh Sultan bin Mohammed Al Qasimi, Supreme Council Member and Ruler of Sharjah issued the new tenancy law for the emirate regulating the relations between tenants and landlords of both residential and commercial properties.

The new law consisting of 32 articles prevents landlords from increasing rent before the elapse of three years from the first signing of the tenancy contract, then two years for any additional increase.

Chapter one of the tenancy law gives definitions of the terms used in the law while Chapter two enumerates the properties which will not come under the jurisdiction of the law. The Law stipulates that any tenancy agreement should be in written form and should be authenticated by the Municipality or the competent authorities with payment of a fixed fee. The contract should specify the exact address of the property.

Article 9 of the law stipulates that the landlord should guarantee that the property is given on rent as per the specifications mentioned in the contract and in case any amenities found lacking, the tenant has the right to claim its addition or maintenance.

Articles 10 and 11 stipulate the obligations of a tenant according to which a tenant will have no right to make any alteration to the property or misuse it for any other purposes.

According to article 12, the landlord will have no right to ask the tenant to vacate the property before the expiry of a period of three years from the first signing of the contract unless the tenant is refusing to pay the rent. If the landlord is refusing to receive the rent from the tenant, the latter can deposit it with the Municipality or the special tribunal set up to try the tenancy disputes. The law also delineates the situations whereby a landlord can ask the tenant to leave the property and this includes total maintenance of the property with a valid permission from Municipality.The landlord should also give a three-months notice period for the tenant to leave in the permitted circumstances.

If it is found that the landlord gave a false reason to evacuate the tenant, the latter can resort to litigation to gain back the property until the expiry of the legal period.

Article 17 of the law stipulates that the change of ownership of any property should not be a reason to change the tenancy contracts until the expiry of the legal periods.

Article 20 defines the rules for subletting a property and says that it should be authenticated by a written approval from the landlord.

Article 21 delineates the jurisdiction of tribunals set up to try the tenancy disputes and calls for speedy decisions in every case of dispute.

The tribunal will be consisted of a sitting judge appointed by the Minister of Justice and two experts. The rulings and decisions issued by the tribunal will be binding on both parties of disputes but can be challenged before an Appeal Tribunal according to the rules specified in the law.According to Article 27 Executive judge will enforce every decision taken by the tribunal Article 32 stipulates penal measures against all those who violate the law. Source