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Real estate · Legal glossary

Lease contractIn Arabic: عقد الإيجار

Definition

A lease (عقد إيجار) is the contract under which the landlord lets the tenant use specified property for an agreed period in return for an agreed rent. Dubai Law No. 26 of 2007 defines it in those terms: use of the real property for a specific purpose, over a specific term, for a specific consideration.

In both Saudi Arabia and Dubai the signed paper is not the last step. The residential contract is documented on a government system, and an unregistered Dubai lease is a contract the authorities will not act on.

Saudi Arabia

A residential lease is registered on Ejar, the Real Estate General Authority’s service. A broker whose commercial registration includes brokerage enters the contract, the parties, the money, the terms and the unit, then sends it for electronic approval. It is certified as soon as both approve. The landlord needs a valid ID, proof of ownership and an Absher mobile; the tenant needs a valid ID and an Absher mobile.

The fee is SAR 125 per year of the contract. Ejar describes the electronic contract as an enforceable instrument: the platform says the parties can go to the enforcement court rather than filing a lawsuit for what it records. Sakani is another channel for accepting the contract. The Civil Transactions Law’s lease chapter is not restated here.

Dubai

Dubai Law No. 26 of 2007 requires a written lease, certain as to the property, the purpose, the owner, the term, the rent and how it is paid. Article 4 requires every lease the law covers, and any amendment, to be registered with the Real Estate Regulatory Agency. Courts and government bodies are not to act on an unregistered lease. The Land Department’s guide treats Ejari as that register under the 2007 law as amended by Law No. 33 of 2008.

Registration runs through Ejari, the Dubai REST app or a trustee centre, and produces an e-contract certificate. A representative needs a power of attorney. The service page lists AED 100 to register, plus knowledge, innovation and service-partner fees. The unified contract puts registration on the landlord and says the Arabic text prevails. Other emirates are not described here.

The rules that apply to a specific matter depend on the state, any free zone involved and the current text of the law, so check the official source before relying on them.

Practical points

  • Agree the property, the term, the rent and who pays utilities before the broker or the trustee types the official form. Custom wording added later is the usual fight.
  • In Saudi Arabia, budget SAR 125 for each year of the Ejar contract, and do not treat the broker’s draft as registered until both parties have approved it.
  • In Dubai, register before you need the contract for a visa, a licence or a dispute. An unregistered lease is one the authorities are told not to act on.
  • If an agent signs, check the power of attorney covers a lease, not only “general affairs”.

Common mistakes

  • Using one template for a Saudi residential lease and a Dubai lease without changing the registration clause.
  • Adding a side term in Dubai that contradicts Law No. 26 of 2007. The unified contract says an added condition is ignored if it conflicts with the law.
  • Assuming the rent-increase rules are the same in every emirate. This page does not state them.

Questions lawyers actually get

Who registers a residential lease in Saudi Arabia?

A real-estate broker with a commercial registration that includes brokerage, on Ejar. The landlord and the tenant then approve it electronically. Certification is immediate once both have approved.

What does Ejar charge?

The Ejar service page states SAR 125 per year of the contract.

Does a Dubai lease have to be registered?

Yes. Law No. 26 of 2007 requires registration with RERA, and the Land Department records the contract on Ejari. Authorities are not to consider a dispute on an unregistered lease.

Which language prevails on the Dubai unified contract?

Arabic. The Land Department’s unified tenancy contract says the Arabic text prevails if the Arabic and the foreign text differ.

Sources

Checked against these official pages. This is general information, not legal advice. Abu Dhabi, Sharjah and the other emirates, and the other GCC states, are not summarized: their tenancy portals were not verified for this page.

  1. Ejar, registering and documenting the residential rental contracthttps://www.ejar.sa/en/service/355294
  2. Real Estate General Authority, register the residential lease contracthttps://rega.gov.sa/en/rega-services/eservices/register-the-residential-lease-contract/
  3. Dubai Law No. 26 of 2007 regulating landlords and tenants (PDF)https://dlp.dubai.gov.ae/Legislation%20Reference/2007/Law%20No.%20(26)%20of%202007.pdf
  4. Dubai Land Department, register or renew a tenancy contract (Ejari)https://dubailand.gov.ae/en/eservices/register-renew-ejari-contract/
  5. Dubai Land Department, tenancy guide (Ejari)https://dubailand.gov.ae/media/051bem5a/tenancyguideen.pdf

Related template

Residential lease template

Use it to agree the term, the rent and the handover before the contract is documented on the official system. In Saudi Arabia a residential lease is registered on Ejar. In Dubai it is registered on Ejari.

Open the residential lease template

A demand to pay rent, to vacate, or not to renew is a notice, not a new lease. Use the legal-notice draft, then serve it the way that country requires.

Open the legal notice template

Related terms

  • Usufructحق الانتفاع
  • Earnest money (arboun)العربون
  • Rescissionفسخ العقد
All glossary terms

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General information, not legal advice.

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