Article 5: The Term of a Dubai Tenancy Contract
A Dubai tenancy contract is supposed to say how long it lasts — but what happens when it does not? Article 5 of Law No. 26 of 2007 answers that question. It first requires the term of the lease to be specified, and then supplies a fallback: where the term is not stated, or where an alleged term cannot be proven, the contract is deemed valid for the period by reference to which the rent is payable. The effect is that a tenancy is never treated as having no duration at all — the gap is filled by the rent-payment period rather than by whatever either side later claims. This page explains the rule in plain terms, what it means for landlords and tenants, and how it works alongside the renewal rule in Article 6.
- The term of a Dubai tenancy contract must be specified
- If it is not stated, the contract is deemed valid for the rent-payment period
- The same default applies where an alleged term cannot be proven
- A short deemed term still carries the law's renewal and eviction protections
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What Article 5 actually decides
Article 5 of Law No. 26 of 2007 requires a Dubai tenancy contract to specify its term; and where the term is not specified, or where an alleged term cannot be proven, the contract is deemed valid for the period by reference to which the rent is payable.
The relationship between landlords and tenants in Dubai is governed by Law No. 26 of 2007, as amended by Law No. 33 of 2008. Article 4 of that law already lists the term of the lease among the particulars a written contract must state. Article 5 stands directly behind it, dealing with the case the drafters knew would still arise in practice — a contract whose duration is left blank, or a duration that one side asserts but cannot establish. Rather than let such a tenancy collapse into uncertainty, the law supplies a clear default.
That default ties the term to the rent: the contract is deemed valid for the period by reference to which the rent is payable. In Dubai, rent is most often fixed as an annual figure — even when it is collected in several cheques — so the deemed term is usually one year. Where rent is genuinely fixed by the month, the deemed term is a month. The purpose of the rule is certainty: it gives the Rental Disputes Centre a principled way to decide how long an unstated tenancy runs, without inventing a term or accepting an unprovable claim.
What Article 5 actually says
Read plainly, Article 5 has two limbs. The first is a requirement: the term of the lease must be specified. The second is a remedy for when it is not, and it applies in two situations. Where the term is simply not stated in the contract, and where a term is alleged but it is impossible to prove it, the same result follows — the contract is deemed valid for the period specified for payment of the rent.
This is a gap-filling rule, not a penalty. It does not void the tenancy for want of a stated term, and it does not hand the choice of duration to either party. Instead it looks to something the parties have almost always agreed even when they were vague about duration — how the rent is set and paid — and uses that interval as the measure of the term. The result is a valid, enforceable tenancy with a duration the law can identify.
What Article 5 means in practice
In everyday Dubai tenancies, Article 5 rarely has to do any work — and that is by design. Because Article 4 requires the written contract to state the term, and because Ejari registration is built around a defined start and end date, most tenancies already carry a clear duration. Article 5 is the safety net beneath that system: it catches informal arrangements, contracts left incomplete, and the situation where a longer term is claimed after the fact but cannot be proven.
It also works hand in hand with Article 6. Article 5 fixes the term of the current tenancy when the contract is silent; Article 6 governs what happens when a term expires and the tenant stays on — the tenancy renews for the same term or for one year, whichever is shorter. Read together, the two articles make sure a Dubai tenancy always has both a determinable duration and a defined way of rolling over, so neither side is left arguing that there is no contract at all. Importantly, a short deemed term does not shorten either party's legal protections, as a later section explains.
What it means for each side
For the landlord
- The safest course is to state the term expressly rather than rely on the default
- If the term is unstated, the deemed duration follows how the rent is fixed — usually one year where rent is annual
- Relying on Article 5 to treat a tenancy as month-to-month does not remove the tenant's renewal and eviction protections
- A clear, Ejari-registered term avoids any argument about duration before the Centre
For the tenant
- A missing term does not mean there is no valid tenancy — Article 5 preserves the contract
- The tenant cannot be bound to a longer term the landlord asserts but cannot prove
- Even a short deemed term rolls over under Article 6 and keeps the statutory notice protections
- Confirming the term on Ejari protects the tenant against a later claim that the tenancy was shorter
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How Article 5 plays out in practice
A contract is signed but the space for the term is left blank; the rent is an annual figure paid in four cheques.
What is usually neededBecause the rent is fixed annually, the period for payment of the rent is a year, so the tenancy is deemed valid for one year. The parties should still correct the record — but the tenancy is neither void nor open-ended.
There is no written term at all, and the rent is genuinely fixed and paid by the month.
What is usually neededThe deemed term is one month by reference to the payment period. That does not make the tenancy terminable at will, however: it still renews under Article 6, and it remains subject to the statutory eviction-notice rules.
A tenant says the parties orally agreed a three-year term, but nothing in writing supports it.
What is usually neededBecause the alleged term cannot be proven, Article 5 applies the payment-period default instead of the unproven claim; the tenancy is measured by how the rent is payable, not by the disputed assertion.
A tenancy is written up with clear commencement and expiry dates and registered on Ejari.
What is usually neededArticle 5's default never engages — the stated term governs. This is the position every tenancy should aim for, because it removes duration from the list of things that can be argued about.
A short deemed term is not a shortcut to eviction
It is tempting to read Article 5 as meaning that a tenancy paid monthly can be ended each month, but that is not how the law works. A deemed term still renews under Article 6 when the tenant stays on, and a landlord who wants the property back must still rely on a lawful ground. In particular, recovering the property on expiry for personal use, sale, demolition or comprehensive maintenance requires a 12-month prior notice served through a Notary Public or by registered mail under Article 25(2). Article 5 answers how long an unstated tenancy runs — it does not remove the protections that apply to every tenancy.
How to keep the term certain
- A clear commencement date and expiry date written into the contract
- The rent stated together with the period it covers and the payment schedule
- Ejari registration dates that match the contract's start and end
- Signed copies of the contract held by both the landlord and the tenant
- The renewal position addressed in writing, so expiry never creates ambiguity
Common mistakes on both sides
The mistakeLeaving the term blank and assuming "a year is standard".
The fixArticle 5's default follows the rent-payment period, which may not match your expectation; state the start and end dates expressly.
The mistakeBelieving a monthly payment schedule lets the landlord end the tenancy each month.
The fixA monthly deemed term still renews under Article 6 and keeps the statutory notice protections; it is not a licence to evict at will.
The mistakeRelying on a verbal promise of a multi-year term.
The fixAn alleged term that cannot be proven falls away, and the payment-period default applies instead — put any longer term in writing.
The mistakeLetting the Ejari dates differ from the contract's term.
The fixKeep the registration and the contract aligned so the duration is never in doubt before the Centre.
The mistakeTreating Article 5 as a way to cut a fixed term short.
The fixThe article fills a gap where the term is missing; it does not override a term the parties clearly agreed and recorded.
Where MANJAZ fits in
MANJAZ is a publisher and service provider, not a court, not the Rental Disputes Centre, and not a law firm, and it never guarantees a particular result. What we do is practical: review a tenancy contract before it is signed to make sure the term, the rent and the payment period are stated clearly, so the Article 5 default never has to be relied on; check that the contract and the Ejari registration show the same start and end dates; and arrange certified and legal translation where a contract must move between Arabic and other languages.
Whether you are a landlord who wants the duration beyond argument or a tenant who wants to be sure a missing term will not be used against you, the value is in fixing the detail early. A clearly stated, properly registered term is the quiet foundation on which renewal, notice and every later question rests — and it is far easier to get right at signing than to reconstruct once a disagreement has begun.
Questions and answers
It deems the contract valid for the period by reference to which the rent is payable. Article 5 first requires the term to be specified, but where it is not, the tenancy is treated as running for the rent-payment period — usually one year in Dubai, where rent is typically fixed annually.
The deemed term may be one month, but that does not make the tenancy easy to end. A monthly deemed term still renews under Article 6 when you stay on, and the landlord must still rely on a lawful ground and the statutory notice rules to recover the property — so a short payment period does not strip away your protections.
No, not by Article 5 alone. The article decides how long an unstated tenancy runs; it does not create a right to evict. Ending a tenancy still depends on Article 6 renewal and the eviction grounds and notice periods in Article 25 — including the 12-month notarised notice for recovery on expiry.
The law applies the payment-period default instead of the unproven claim. Article 5 expressly covers the case where a term is alleged but impossible to prove, and in that situation the tenancy is measured by how the rent is payable — which is why any longer term should be recorded in writing.
Yes. A missing term does not void the tenancy. Article 5 preserves the contract and simply supplies the duration from the rent-payment period, so the tenancy remains valid and enforceable rather than collapsing for want of a stated term.
Article 5 fixes the term of the current tenancy when the contract is silent; Article 6 governs what happens at expiry when the tenant stays on. Together they mean a tenancy always has a determinable duration and a defined way of renewing — the same term or one year, whichever is shorter.
In practice, yes — registration is built around a defined start and end date, so a registered contract almost always carries a clear term. That is why most Dubai tenancies never rely on Article 5: keeping the contract and the Ejari record aligned puts the duration beyond argument.
Official sources
This content is for general information and awareness. It is based on the legislation and official sources available at the time of the last review, and procedures may differ according to the facts of each case and updates issued by the competent authorities. It is not legal advice, and MANJAZ is the publisher of this explanation, not the authority that issued the legislation.
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