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Tenancy LawOctober 2026 · 6 min read

Tenancy Contract Clauses That Won't Hold Up in Dubai (and the Law That Overrides Them)

Last updated 25 October 2026

Landlords and agents often add pages of 'additional terms'. Some are fine. Some conflict with Dubai law — and the DLD's own contract says those don't count.

The rule: Term 12 of the DLD contract

The official DLD Unified Tenancy Contract states: 'Any additional condition will not be considered in case it conflicts with law.' The contract is also subject to Law No. 26 of 2007 as amended (Term 11).

Clauses most likely to conflict with the law

  • Automatic rent increases above the Decree 43 bands (0/5/10/15/20% depending on how far below the index average your rent is).
  • Rent increases without 90 days' notice before expiry (Article 14 — unless otherwise agreed; the DLD applies the 90-day rule to index-based increases).
  • Eviction 'at the landlord's discretion' or on grounds not listed in Article 25.
  • Eviction at expiry with less than 12 months' notice, or notice by WhatsApp instead of Notary Public / registered post (Article 25(2)).
  • A right for one side to cancel a valid contract mid-term without an agreed clause (Article 7).
  • Keeping the full deposit regardless of condition, or charging the tenant for ordinary wear and tear (Articles 17, 20, 21).

Check the text: Decree 43, Article 1, Article 14, Article 25, Article 7, Article 20, Article 21.

Clauses the law lets you agree

  • Who handles maintenance (Article 16 applies 'unless otherwise agreed').
  • Who pays government fees (Article 22 — 'unless the Lease Contract states otherwise').
  • A different notice period for changing terms (Article 14 — 'unless otherwise agreed').
  • An early-termination clause with notice and a penalty.
  • Whether leasehold improvements can be removed at the end (Article 23).

Write them clearly in the addendum — see our additional terms guide.

Whether a specific clause is enforceable depends on its wording and the facts; the Rental Disputes Centre decides. Get advice for a live dispute.

People also ask

Can a Dubai tenancy contract override the rental law?
Not where it conflicts with it. Term 12 of the DLD Unified Tenancy Contract states that any additional condition will not be considered if it conflicts with the law. Some articles, however, allow the parties to agree otherwise — for example 'unless otherwise agreed' in Articles 14, 16 and 22.
Can my contract allow a rent increase above the RERA cap?
Decree 43 of 2013 sets the maximum increase on renewal and applies to all landlords in Dubai, so a higher agreed increase is open to challenge at the Rental Disputes Centre.
Can the contract let the landlord evict me any time?
Eviction is limited to the cases in Article 25, with specific notice (30 days to cure during the contract; 12 months at expiry). A clause allowing eviction for other reasons is likely to conflict with the law.
Are early termination penalties enforceable?
A valid contract cannot be ended unilaterally (Article 7), so an agreed early-termination clause (notice plus a penalty) is what gives a party the right to leave early. Agreed reasonable terms are commonly upheld; check the wording before signing.

Frequently Asked Questions

Can a Dubai tenancy contract override the rental law?+

Not where it conflicts with it. Term 12 of the DLD Unified Tenancy Contract states that any additional condition will not be considered if it conflicts with the law. Some articles, however, allow the parties to agree otherwise — for example 'unless otherwise agreed' in Articles 14, 16 and 22.

Can my contract allow a rent increase above the RERA cap?+

Decree 43 of 2013 sets the maximum increase on renewal and applies to all landlords in Dubai, so a higher agreed increase is open to challenge at the Rental Disputes Centre.

Can the contract let the landlord evict me any time?+

Eviction is limited to the cases in Article 25, with specific notice (30 days to cure during the contract; 12 months at expiry). A clause allowing eviction for other reasons is likely to conflict with the law.

Are early termination penalties enforceable?+

A valid contract cannot be ended unilaterally (Article 7), so an agreed early-termination clause (notice plus a penalty) is what gives a party the right to leave early. Agreed reasonable terms are commonly upheld; check the wording before signing.

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