Dubai tenants should check the official rental index before accepting any rent increase, real estate experts told Lana, with landlords required to follow Dubai Land Department and RERA rules at renewal.
“It depends on how far your current rent sits below the market average for your area, as determined by the RERA Rental Index,” Rupert Simmonds, Director of Leasing at Betterhomes said.
“The caps under Decree No. 43 of 2013 are straightforward: no increase if your rent is already within 10 per cent of the market rate; up to 5 per cent if it is 11–20 per cent below; up to 10 per cent if it is 21–30 per cent below; up to 15 per cent if it is 31–40 per cent below; and up to 20 per cent if it is more than 40 per cent below. The landlord cannot go beyond whichever tier applies, regardless of what they claim the market is doing,” he explained.
Echoing the sentiment, Zacky Sajjad, Director Business Development and Client Relations at Cavendish Maxwell, said Dubai does not allow rent increases that are set without reference to the rental index or the rules in force at the time of renewal.
“Dubai does not allow arbitrary rent increases, and landlords must follow the regulations set by the DLD and RERA. Historically, increases were determined using the RERA Rental Increase Calculator which set caps based on how far below market rent a property was. More recently Dubai has introduced the Smart Rental Index which considers factors such as location, building quality, technical specifications and market conditions to provide a more granular assessment. Any increase must comply with the applicable regulatory framework in force at the time of renewal,” he said.
How tenants can check if a rent increase is allowed
Tenants can check a proposed rent increase through the RERA Rent Calculator on the Dubai Land Department website or the Dubai REST app.
Simmonds said tenants should enter the area, property type, number of bedrooms, renewal date and current annual rent exactly as stated on the Ejari contract. The calculator then compares the rent with Ejari transaction data and states whether an increase is allowed and by how much.
“Knowing your RERA index number before renewal is the single most useful thing a tenant can do. Do it before any conversation with your landlord starts,” he said.
“Before agreeing to any increase tenants should request the landlord’s justification and compare it against the official index to ensure compliance,” Sajjad added.
What the RERA Rental Index does
The RERA Rental Index is the benchmark used to determine rent levels for property types and areas in Dubai.
Simmonds said the index “is not advisory” and is the main reference used by the Rental Dispute Settlement Centre when disputes arise between landlords and tenants.
From January 2025, Dubai Land Department moved to the Smart Rental Index, replacing the area-average system with one that uses Ejari-registered contract data and building-level inputs including unit size, floor, view, building age and amenities.
“It seeks to reflect the quality and characteristics of individual buildings, creating a more sophisticated and property specific benchmark for rental assessments. The objective of both systems is to balance tenant protection with fair market pricing,” Sajjad explained.
When landlords cannot increase rent
A landlord cannot increase rent if the current rent is already within 10 per cent of the RERA market average. Rent can also only be changed at renewal, not during an active contract.
“A landlord cannot increase rent if the proposed increase is not supported by the applicable rental index or if the required notice procedures have not been followed. In addition if the current rent already aligns with the regulatory benchmark, the landlord may not be entitled to any increase at renewal. Compliance with both the index and notification requirements is essential,” Sajjad said.
However, Simmonds said that if a landlord fails to give 90 days’ written notice before lease expiry, they lose the right to apply the increase for that renewal cycle.
The 90-day notice rule
Under Dubai tenancy law, landlords must notify tenants of any proposed change to lease terms, including rent increases, at least 90 calendar days before the lease expiry date, unless both sides have agreed otherwise.
“Article 14 of Law No. 26 of 2007, as amended by Law No. 33 of 2008, requires landlords to notify tenants of any change to lease terms, including rent increases, at least 90 calendar days before the lease expiry date. If that deadline is missed, the increase cannot be applied for that renewal period and the contract rolls over on the same terms,” he said.
Sajjad said late notice may allow the tenant to renew under the existing terms and conditions for that renewal period.
“Timing is therefore a critical aspect of the renewal process,” he said.
Can WhatsApp or email count as notice?
For rent increases at renewal, Simmonds said written notice by email with a delivery record is “generally workable.” However, Sajjad said both email and WhatsApp messages can sometimes be treated as evidence of notice, depending on the circumstances.
“In practice many landlords and tenants communicate through email and WhatsApp and such communications can sometimes be considered evidence of notice depending on the circumstances. However, where disputes arise, the safest approach is to ensure notice can be clearly evidenced and demonstrated. Tenants and landlords should retain copies of all communications and, where appropriate, seek confirmation of receipt,” he said.
For eviction, the requirement is different. Simmonds said eviction notices under Article 25 must be served through a notary public or by registered mail.
“WhatsApp messages and informal emails do not meet that standard and would not hold up at the Rental Disputes Centre. The rule of thumb: for anything that could lead to a dispute, get it in writing and keep the proof,” he said.
What to do if the rent increase is too high
Tenants who believe a proposed increase exceeds the legal cap should first run the RERA calculator using the exact Ejari-registered rent figure.
Simmonds said tenants should then respond to the landlord in writing, refer to the calculator result and state that they do not accept the proposed figure.
Tenants should then keep the lease, renewal notice, payment history and calculator result together.
“If the landlord does not back down, the Rental Disputes Settlement Centre is the appropriate channel. The filing fee is 3.5 per cent of annual rent, with a minimum of AED 500 and a maximum of AED 20,000. Legal representation is not required,” he said.
Can a landlord ask a tenant to leave for refusing a rent increase?
Refusing a rent increase is not a ground for eviction under Dubai tenancy law.
Simmonds said eviction grounds are defined under Article 25 of Law No. 26 of 2007, and a tenant declining an above-cap or improperly noticed increase does not fall within those grounds.
“A landlord cannot initiate eviction proceedings in retaliation for a tenant challenging an increase or filing a complaint with RERA,” he said.
However, a landlord can seek eviction at the end of the lease term for reasons including sale, demolition and reconstruction, renovation or maintenance that cannot be carried out while the tenant remains in the property, or personal use by the landlord or a first-degree relative.
For personal use, Simmonds said 12 months’ written notice must be delivered through a notary public or registered mail. The same notice route applies to Article 25(2) of Law No. 33 of 2008 eviction grounds.
“For demolition or major renovation that genuinely requires the property to be vacant, the landlord must hold the necessary permits from Dubai Municipality before serving notice, and the notice period is 24 months. A landlord cannot act on any of these grounds mid-lease. If the landlord recovers the property on personal-use grounds and then re-lists it for rent within two years, the former tenant has grounds to file a compensation claim at the RDC,” he said.
Can landlords change cheque terms, fees or contract terms?
A landlord cannot change payment terms, reduce the number of cheques, add fees or amend the contract during an active lease unless both parties agree in writing.
Simmonds said a signed and Ejari-registered tenancy contract binds both parties for its term. Payment schedules, cheque counts and other agreed terms remain fixed unless both sides agree to change them.
“At renewal, a landlord may propose different terms, but must give 90 days’ written notice. If the tenant does not agree and no resolution is reached, the existing terms continue for one more renewal cycle. On cheques specifically, there is no fixed legal number. Tenants can negotiate directly with their landlord. A landlord who wants to keep a reliable tenant may agree to split one cheque into four without changing the price. It is an underused negotiating point and worth raising,” he explained.
So, what tenants should check before signing a renewal?
Before agreeing to a new rent, tenants should run the RERA calculator using the exact Ejari-registered rent figure.
They should also check that the 90-day notice was served on time and in writing, confirm that any new fees or payment changes were properly notified, and ensure those changes are not being introduced without agreement.
“Verify your Ejari registration is current, since an unregistered contract has no legal standing before the Rental Disputes Centre and cannot support DEWA activation or residence visa applications,” Simmonds concluded.
