Decree 43 of 2013 · Article 14
Challenging a Rent Increase in Dubai
An increase is not the landlord's to set freely. It is capped against the market average by decree, and conditional on ninety days' written notice. Fail either and the demand is not enforceable.
Direct answer
An increase is not permitted if it exceeds the tier set by Decree No. 43 of 2013 against the average rent for similar units, or if the landlord did not notify you at least ninety days before the contract expires under Article 14. Where your current rent is already within 10% of the market average, no increase is permitted at all.
The average is determined by the Rent Index of the Emirate of Dubai issued by RERA, delivered today through the Dubai Land Department's Smart Rental Index.
Test the increase with three questions
1. Did notice arrive 90 days ahead?
Article 14 requires a party wanting to amend any term — the rent included — to notify the other at least ninety days before expiry. Without it, the terms carry over at renewal.
2. Where does your rent sit against the average?
Compare your rent to the average for similar units on the index, then apply the tier. A demand above the tier is not permitted.
3. Is the increase mid-term?
Increases belong at renewal. Article 7 does not allow a running contract to be varied unilaterally.
The cap covers the free zones too
Decree 43 states it applies to all landlords, private or public, across the Emirate — including special development zones and free zones such as the DIFC.
What to do
- 1
Record the notice and its date
Keep the notice and proof of when you received it. The ninety-day question is decided on dates, not on argument.
- 2
Work out the tier
Pull the index data for your unit and save a dated screenshot — it becomes a document in the file.
- 3
Write to the landlord
A written offer at the lawful figure prevents any suggestion that you refused to renew.
- 4
Keep paying
Article 31 requires payment throughout. If the landlord refuses to accept it, use Offer and Deposit.
- 5
File if no agreement
Where the parties cannot agree, Article 13 lets the Tribunal determine a fair rent, guided by the increase criteria RERA prescribes.
Do not confuse the two notices
Ninety days is notice to change terms or rent. Twelve months is notice to evict at the end of the tenancy. An eviction notice served with ninety days is not a valid substitute for the twelve-month period.
Check it before you sign
Send the contract and the notice. We work out the permitted tier, prepare the objection and translate and file it where needed.
Frequently asked questions
How much can the rent be increased?
It depends on the gap to the market average: no increase within 10%, 5% for 11–20% below, 10% for 21–30%, 15% for 31–40%, and 20% where the rent is more than 40% below.
The landlord increased the rent without notice.
Article 14 requires notice at least ninety days before expiry. Without it the new terms do not take effect and the contract renews as it stands.
Can rent be increased mid-contract?
No. Increases belong at renewal, and Article 7 does not permit a running contract to be varied by one party alone.
What if I refuse and the landlord insists?
Take it to the Centre. Where the parties cannot agree, Article 13 allows the Tribunal to determine a fair rent, applying the criteria RERA prescribes. Keep paying the current rent meanwhile.
Does the cap apply in free zones?
Yes. Decree 43 applies to all landlords across the Emirate including special development zones and free zones such as the DIFC.
Does the building star rating matter?
Yes. The Smart Rental Index classifies buildings from one to five stars on technical and service criteria, and that feeds the reference average for your unit.
Should I stop paying in protest?
No. Article 31 requires payment throughout, and stopping gives the landlord an eviction ground. Pay the current rent, or deposit it with the Centre if it is refused.
What documents does an objection need?
The contract and Ejari certificate, the notice with its receipt date, a dated screenshot of the index data, your payment record, and a bank letter showing your IBAN — in Arabic or certified translation.
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Disclaimer. General information, not legal advice. Legislation is cited from the Dubai Legislation Portal and procedure from the Rental Disputes Centre as published at the date of writing. Taw-Theeq Corporate Services and Legal Translation LLC is a legal support services provider — not a law firm and not a government authority.