Required Disclosures for UAE Landlords

Unlike the United States where landlords must provide specific addendums for lead-based paint or asbestos, the United Arab Emirates handles ownership and contract verification through state-mandated registration systems—primarily Ejari in Dubai and Tawtheeq in Abu Dhabi. These systems verify the legal status of the property rather than serving as a platform for defect disclosures.

System-Enforced Verification

The process of generating a legally binding tenancy contract in the UAE inherently forces transparency regarding property ownership and contract validity through Ejari (Dubai) and Tawtheeq (Abu Dhabi), though these systems are not used for disclosing physical property defects.

1. Title Deed Verification: A tenant (or their broker) cannot register a lease on Ejari without the landlord's Title Deed and passport/Emirates ID copy. The DLD system verifies that the person offering the lease is the actual owner of the property.
2. Property Details: The system locks in the specific premises number, DEWA (utility) premise number, and the designated use of the property (residential vs. commercial). This prevents a landlord from illegally leasing a commercial warehouse as a residential apartment.

Disclosing the Sale of a Property

If a UAE landlord decides to sell an occupied property, they must disclose the encumbrance to the buyer. More importantly, regarding the tenant:

• The sale of the property does not terminate the tenancy contract (Dubai Law No. 26 of 2007, Art. 28). The new owner inherits the tenant under the exact same lease terms.
• If the new owner wishes to evict the tenant for personal use or sale:
  • In Dubai: Pursuant to Law No. 33 of 2008, the owner must serve a 12-month notice via Notary Public or registered mail.
  • In Abu Dhabi: Pursuant to Law No. 20 of 2006, the party wishing not to renew must provide 2 months' written notice prior to the date of the lease's expiry for residential properties.
• The new owner cannot simply demand the tenant leave immediately because the ownership changed hands.

Material Defect Disclosures and "Good Faith"

UAE law is grounded in principles of good faith (Civil Code Art. 246). Rather than a formal disclosure statement, the law mandates property "condition" and "fitness for use."

• Under Dubai Law No. 26 of 2007 (Art. 15) and Abu Dhabi Law No. 20 of 2006 (Art. 8), landlords must deliver the property in a state suitable for its intended use.
• The UAE Civil Code (Law No. 5 of 1985) provides a warranty against hidden defects. Article 772 holds the lessor liable for defects that prevent or reduce enjoyment, and Article 773 allows the lessee to seek contract cancellation or rent reduction.
• Failing to address major issues (like chronic flooding or severe structural faults) gives the tenant grounds to seek a judgment from the Rent Disputes Settlement Centre (RDSC) in Dubai or the Abu Dhabi Judicial Department (ADJD) to cancel the contract or reduce rent. Tenants cannot unilaterally terminate for non-disclosure without a judgment unless the landlord consents.

Property Management and Broker Disclosures

If a property manager or real estate broker is acting on behalf of the landlord:

• In Dubai, the broker must hold a valid RERA (Real Estate Regulatory Agency) license and Broker Registration Number (BRN).
• They must disclose their agency fees (commissions) upfront. Typical market practice in Dubai is that the tenant pays a 5% agency commission upon successfully signing the lease, though this is negotiable.

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