Guides

Updated 03-October-2020 Viewed -->

Once you agree the rental of a property in Dubai you will need to organise to have the contract registered with Ejari.

Dubai’s Unified Ejari Tenancy Contract can be downloaded or visit the official Ejari website – www.ejari.ae. It is mandatory to register the contract with Ejari. The Arabic word, Ejari, means ‘my rent’ and by registering your Unified Ejari Tenancy Contract, the government can record the details of property rental transactions. The rental prices and other information is held on a database used for the RERA Rental Calculator – an online database where you can query your current rent and find out if the landlord is due any increase in rent or, indeed if the tenant is due a decrease.

You cannot register a property with Ejari if the lease is less than 6 months. The usual term for nearly all tenancies is 1 year (12 months). If the lease period is less than six months, the property must be registered with the Dubai Tourism & Commercial Marketing. We’re researching and preparing another article for short term holiday lets which will be of vital importance during Expo 2020.

It is mandatory to register a correctly completed tenancy contract which is for a minimum lease period of 6+ months with Ejari.

You cannot register a property through Ejari online.

Here’s what you must produce to have the tenancy contract registered with Ejari.

• Tenancy Contract – original.
• The person registering the contract must produce their original Emirates ID at the time of registration. It is used to verify the person registering the contract: a finger/thumb print and a photograph are taken and added to the system.
• Copies of the following are required:
  • Tenant’s Emirates ID, passport and visa page copy.
  • If a company is renting the property, a copy of the trade license is required.
  • Landlord’s passport copy showing his/her signature or a copy of the back and front of his/her Emirates ID.
  • If the Landlord is a company then a copy of the trade license is required. If the company is not registered in the UAE then a memorandum is required which is stamped and attested in the country of origin and presented to the Ministry of Foreign Affairs in the UAE for confirmation.
  • Title Deed or Affection Plan – the landlord or agent will provide a copy. The name on the Title Deed should be checked against the name on the landlord’s passport.
  • Please note: It may be that the tenant or landlord is absent and therefore wants to send another person to register the tenancy contract. This requires a Power of Attorney (POA). If the POA document is from outside the UAE, then the POA document requires to be stamped and attested in the UAE Embassy in the country of origin. It should also be translated into Arabic. The stamped and attested POA document must then the produced at the Ministry of Foreign Affairs in the UAE and again, it is stamped and attested. The complete document should be provided to Ejari.
  • If the registrant is a representative of the company for the landlord or tenant then either:
    • his/her name should be noted on the trade license, or
    • the PRO must produce his/her PRO card, or
    • an employee with a signed and stamped letter of authorisation on the company letterhead as well as the passport copy and visa page of the company owner.

    NOTES

    Expats can rent a property for a period of 12 months (usual length of contracts) only if the expat has an Emirates ID and residency visa. These documents prove to the authorities that the tenant is in legitimate employment.

    If you do not have an Emirates ID/residency visa you can only rent property on a short term basis. Short term rentals are usually furnished and have electricity and water so the rental price will be higher.

    You should always be able to negotiate your rent with your landlord. Keep a good relationship from the very beginning and you will make life easier in the future.

    If you want to leave the property at the end of the 12 month contract you must provide a 90 day notice to this effect to the landlord and/or the property agent. Keep everything in writing so you have confirmation of your actions. If you do not renew or provide notice to quit then the tenancy contract is deemed as continuing for the next 12 months with exactly the same agreement.

    You must have an Emirates ID to register as a tenant on a long term basis, i.e. one year. For short term contracts, e.g. a few days to a few months you do not require to have an Emirates ID, nor are you required to register the tenancy contract with Ejari.

    The Ejari registration ensures that the DEWA Housing Fee (5% of the annual rental) is calculated on the correct rental amount. This ensures that the tenant is not paying an incorrect amount for the Housing Fee. You can check on your DEWA bill: calculate 5% of the annual rent and divide that figure by 12 (months)…that’s the figure which should show on your DEWA bill. DEWA bills are issued on a monthly basis.

    The person registering the tenancy contract must physically visit one of the Ejari registration centres – take your original Emirates ID. The centre will also add your photograph to the system. The photograph will be taken at the same time as you are registering your tenancy contract.

    Some companies are trying to help by checking the documentation for a fee. It’s just as easy for you to check yourself…here’s how!

    It is important to have the correct documentation otherwise you will simply be sent away and asked to bring the correct documents. The contract is usually completed by the landlord or his agent but please check all details. Ask for a copy of all the required documents including the owner’s passport and title deed, double-check the documents are all up-to-date. For example, that the owner’s passport has not expired is one example. The details needed to complete the form are noted below:

    1. Landlord’s Name: this will be on the Title Deed. If there are 2 owners mentioned on the Title Deed, both names and signatures should be on the Tenancy Contract. His/her signature should be the same as his/her passport as on the Unified Ejari Tenancy Contract. Some landlord’s use a Power of Attorney. This requires a full legal document, signed and stamped by the Dubai Courts or if the document is from outside the UAE, the Ministry of Foreign Affairs.
    2. Landlord’s email
    3. Landlord’s phone number
    4. Landlord’s passport and Emirates ID if he/she is a resident of the UAE
    5. Tenant’s name: his/her signature should be the same as his/her passport as on the Unified Ejari Tenancy Contract.
    6. Tenant’s email
    7. Tenant’s phone number
    8. Tenant’s passport, visa and Emirates ID
    9. Building Name: on the Title Deed
    10. Location: on the Title Deed
    11. Property Size: you can find this on the Title Deed
    12. Property Type: studio, 1 bed etc
    13. Property Number: on the Title Deed
    14. Premises Number (DEWA): you can find this on the upstand of the entrance door to the property – although in some locations, e.g, Palm Jumeirah it is not on the doorway. The agent will be able to tell you where it’s located. It’s a brown tag.
    15. Plot Number: you can find this on the Title Deed
    16. Contract Period: the date of entry and date of exit
    17. Annual Rent: this is the amount for one complete year
    18. Contract Value: this is the rental value for the length of the contract. For example, if the Annual Rent is AED 100,000 but the contract is for a six month period only, then the Contract Value is AED 50,000.
    19. Security Deposit Amount: the deposit amount is usually 5% of the rent for annual rentals
    20. Mode of Payment: the way you will be paying the rent, e.g. by cheque and the number of cheques

    The signed Unified Ejari Tenancy Contract is a legal document between you and the landlord. Please ensure all details are correct including the contact detail of both parties. These details must be valid as any notices from the Dubai Land Department/Ejari will be sent to the email addresses and contact numbers provided. You should update the details if there are changes during the course of the tenancy.

    Interestingly, the onus of responsibility to have the Tenancy Contract registered with Ejari is stated as being with the Landlord. Up until now the vast majority of tenants were paying for this and it seems that the majority of tenants are still paying this fee because Ejari registration is required before DEWA can be connected!

    Be aware that as this is a legally binding contract you should be happy with its contents. Most agents and/or landlords add ‘addendum’ or even ‘addendums’ so read the contract very carefully. We’ve seen astronomical charges for renewal – RERA state that no renewal fee should be paid. We’ll write another article regarding this aspect of the contract soon.

    Payment of rental whether in cash or cheque must be made to the owner of the property mentioned on the Title Deed. If this is not the case, the owner’s representative or estate agent must have a letter from the owner (properly signed – check against his passport copy). If it is an estate agent you should get a copy of his/her Broker’s Card. Do not give cash or cheques to anyone unless you know exactly who they are!

    The information in this article relates to residential accommodation only.

    If you need any further detail contact Ejari or ask us!

    The advice provided in our columns does not constitute legal advice and is provided for information only. Readers are encouraged to seek appropriate independent legal advice.

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