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I am residing in a two-bedroom apartment with my wife and two children in the emirate of Sharjah. I am trying to cut down on the expenses by planning to share the said flat with another family and split the cost of rent by subletting my apartment. Is it okay to do so?
Answer:
Pursuant to your query, it should be noted that in the emirate of Sharjah, a tenant cannot sublet the rented premises granted to him to any third party without the consent of the landlord. This is in accordance with Article 20 of the Sharjah Law No. 2 of 2007 on regulating the relationship between landlord and tenant in the emirate of Sharjah (the 'Sharjah Rental Law'), which states,
a. The tenant shall not assign the lease or sub-lease of the whole or part of the premises without the written permission of the landlord. The subsequent permission to act, whether express or implicit, shall be considered as the formal written approval.
b. Landlord may grant the tenant in the lease contract the right to assign or sublet all or part of the leased premises provided the duration of sub-lease contract does not exceed the period specified in the original contract.
c. If the tenant sub-leases the premises, the sub-lease contract shall govern the relationship between the tenant and the subtenant. However, it shall not affect the rights and obligations of the tenant towards the landlord under the original lease contract, unless otherwise agreed upon.
d. The implementing regulations shall govern the procedures of these contracts."
Therefore, based on the aforementioned provision of law, it is apt that you seek the written permission of your landlord prior to sub-leasing your apartment to another family. In the event you sublet the apartment without your landlord's nod, the landlord has the right to evict you from the flat.
This is in accordance with Article 12(3) of the Sharjah Rental Law, which states, "Landlord may not demand eviction of the tenant prior to expiry of tenancy period before the lapse of three years as of the signature date of the lease contract unless the tenant sublets the premises without the consent of the landlord and without prejudice to the provisions of the transfer of ownership of a commercial concern determined in accordance with the provisions of the federal law of commercial transactions."
Know the law
Landlord may grant the tenant in the lease contract the right to assign or sublet all or part of the leased premises provided the duration of sub-lease contract does not exceed the period specified in the original contract
Ashish Mehta is the founder and Managing Partner of Ashish Mehta & Associates. He is qualified to practise law in Dubai, the United Kingdom, Singapore, and India. Full details of his firm on: www.amalawyers.com. Readers may e-mail their questions to: news@khaleejtimes.com or send them to Legal View, Khaleej Times, PO Box 11243, Dubai
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