UAE Rental Disputes in 2026: Can Tenants and Landlords Invoke Force Majeure on Leases?

Why Rental Disputes Are Surging in the UAE Right Now

Since late February 2026, the UAE has been navigating its most serious period of geopolitical disruption in decades. The coordinated US–Israeli strikes on Iran, Iran’s retaliatory attacks on Gulf infrastructure, the effective closure of the Strait of Hormuz, and the grounding of thousands of flights have reshaped daily commercial and residential life across the Emirates in ways few anticipated.

For tenants and landlords, the questions are immediate and pressing. A freight company whose operations have ground to a halt asks: do I still have to pay full commercial rent? A residential tenant whose employer has collapsed asks: can I break my lease without penalty? A developer whose supply chain for building materials has been severed asks: can I delay handover without refunding my buyers? And a landlord watching a non-paying tenant asks: can I start eviction proceedings now?

These are not abstract legal questions. They are real disputes landing on lawyers’ desks across Dubai and Abu Dhabi every week. The answers depend on understanding two things: what UAE law actually says about force majeure and hardship in the context of leases, and what the regulatory bodies - RERA, RDC, and ADJD - will actually do with a dispute filed today.

This article gives you both - the law and the practical reality - sector by sector, for tenants, landlords, off-plan buyers, and investors.

The Core Legal Question: Does Force Majeure Apply to Rent?

The short answer is: rarely, and almost never automatically. But the longer answer matters far more.

Under UAE law, Article 273 of the UAE Civil Code (and its equivalent Article 236 under the new Civil Transactions Law, Federal Decree-Law No. 25 of 2025, effective 1 June 2026) excuses contractual performance only when an event renders performance absolutely impossible - not merely harder, more expensive, or commercially unviable.

Paying rent, as courts have consistently held, almost never becomes impossible in the legal sense. Transferring money to a landlord does not require a functioning port, open airspace, or an uninterrupted supply chain. It requires a bank account and an internet connection. This means that the vast majority of tenants who wish to suspend or reduce rent payments using force majeure arguments will be pushed instead toward Article 249 - the hardship doctrine - which does not terminate the lease but gives courts discretion to adjust the obligation if it has become excessively burdensome.

Key Distinction. Force majeure (Article 273) can terminate a lease. Hardship (Article 249) adjusts it. But neither is automatic. Both require evidence, notice, and a direct causal link between the conflict and the specific obligation you cannot perform. 

When Can Force Majeure Actually Terminate a Lease?

A lease can be terminated under force majeure if the conflict has made the core obligation of the lease - the landlord’s duty to make the property available for use, or the tenant’s ability to use it - genuinely impossible. This is a high bar, but it is not impossible to reach. Established qualifying scenarios include:

• The leased property is physically destroyed or rendered completely inaccessible by conflict-related damage
• A government order or emergency directive prohibits occupation or use of the specific premises
• The leased premises is located in a restricted zone under active security measures that prevent access

Critically, the leading law firms have confirmed an important nuance: where a force majeure event prevents the landlord from making the property available for occupation, the tenant's corresponding obligation to pay rent may also cease - because the landlord has itself failed its reciprocal obligation under the lease.

This reciprocal obligation principle is significant. It means the analysis is not simply ‘can the tenant pay?’ but ‘is the landlord still fulfilling its side of the bargain?’ If the property is inaccessible due to conflict, both sides of the lease may be simultaneously affected.

Tenant Rights: What You Can - and Cannot - Claim

Residential Tenants

Residential tenants face the highest bar of all. If you are living in the property, the landlord is fulfilling the primary obligation of the lease: making it available. Courts will be unsympathetic to a claim that continued residence has become impossible due to geopolitical events, absent direct physical damage or a government evacuation order.

However, residential tenants who have suffered severe financial loss as a direct consequence of the conflict - such as job loss because an employer has been forced to close, or a dramatic and unforeseeable income reduction - may have a path under Article 249 hardship. The COVID-19 precedent is instructive here: the Rental Disputes Centre ruled during the pandemic that tenants could seek early termination or rent adjustment without penalty where they could demonstrate genuine financial hardship caused by exceptional public circumstances.

The key word is demonstrate. Courts will look for documented evidence: a redundancy letter, bank statements showing income collapse, and - critically - a written approach to the landlord first, before any legal filing. Good faith negotiation, documented in writing, is not just advisable; it directly affects how the RDC will view your case.

What Residential Tenants Should Do Now

✓  Write to your landlord immediately if you are experiencing hardship - document everything

✓  Gather evidence of financial impact: redundancy letters, payslips, bank statements

✓  Do not withhold rent without legal advice - this can trigger eviction proceedings

✓  Check your Ejari registration is current - without it, the RDC will not hear your case

✓  Seek legal advice before filing at the RDC: the filing fee is 3.5% of annual rent (min. AED 500, max. AED 20,000

Commercial Tenants

Commercial tenants have a stronger argument, though it remains context-specific. Where a business physically cannot operate because of the conflict - a logistics company cut off from port access, a trading company whose import supply chain has been severed, a travel business grounded by airspace closures - the argument that the commercial purpose of the lease has been frustrated gains real traction.

The distinction drawn by UAE courts and confirmed in leading legal analysis is between the property being available and the business being able to operate from it. A warehouse that is physically intact but functionally useless because Jebel Ali has suspended bookings presents a different legal picture than a retail unit simply experiencing lower footfall.

Commercial tenants should also examine their specific lease wording carefully. Most commercial leases in the UAE explicitly state that force majeure does not excuse the payment of rent - this is standard drafting. Where that clause exists, the tenant’s only statutory route is Article 249 hardship, not Article 273 force majeure. Contractual provisions take precedence.

What Commercial Tenants Should Do Now

✓  Review your lease force majeure clause - does it exclude rent payment obligations?

✓  Document the specific operational impact: which activities are physically impossible and why

✓  Issue formal written notice to your landlord citing the specific disruption and affected obligations

✓  Gather evidence of supply chain, port, or airspace disruption directly affecting your operations

✓  Explore whether Article 249 hardship allows a rent adjustment rather than suspension

✓  Do not vacate the premises without legal advice - abandonment may forfeit deposit and trigger liability

Landlord Rights: What to Do When Tenants Stop Paying

Landlords face a different challenge: tenants citing the conflict as justification for withholding rent, often without any formal legal basis for doing so. The law is clear on this. No tenant may unilaterally withhold rent without a court or RDC order. The legal process under Dubai tenancy law requires:

• The landlord issues a formal written notice to the tenant specifying the overdue rent
• If rent is not paid within 30 days of that notice, the landlord may file a complaint with the Rental Disputes Settlement Centre (RDSC)
• The RDSC issues an enforceable decision - only the RDSC can issue legally binding eviction and payment orders in Dubai
• If mediation fails at the RDSC, the case proceeds to a hearing and enforceable judgment

Critically, a landlord cannot take self-help remedies: changing locks, cutting utilities, or physically preventing access without a court order is unlawful regardless of the rent arrears situation and can expose the landlord to legal penalties.

Where a tenant raises force majeure or hardship as a defence, the landlord’s position should be to challenge the causal link rigorously. Is the tenant’s inability to pay truly caused by the conflict, or is it pre-existing financial difficulty dressed up in new legal language? Courts and the RDSC will scrutinise this distinction closely. Landlords should document the tenant’s trading history, any prior rent arrears, and any evidence that the claimed disruption does not actually affect the tenant’s specific business.

For Landlords. A tenant invoking force majeure without a proper legal basis is still in breach of the lease. Document the breach immediately in writing, issue the formal 30-day notice, and proceed through the RDSC. Do not accept verbal assurances or informal agreements - everything must be in writing.

RERA and the RDC: Your Dispute Resolution Roadmap

Understanding which regulatory body handles which type of dispute is critical before filing anything. Filing with the wrong body wastes time, costs money, and may cause you to miss deadlines.

Body	What It Handles
RERA (Real Estate Regulatory Agency)	Regulatory complaints: unlicensed brokers, false advertising, developer compliance, off-plan project oversight, Ejari-related issues
RDC / RDSC (Rental Disputes Centre)	Contractual disputes: unpaid rent, eviction, lease termination, rent increases, security deposit recovery, maintenance failures
DIFC Courts	Disputes where the contract is governed by DIFC law or parties have agreed to DIFC jurisdiction
ADJD (Abu Dhabi)	Rental disputes in Abu Dhabi Emirate - separate jurisdiction from Dubai
RERA / DLD (off-plan)	Developer delays, handover disputes, off-plan cancellation, escrow account issues

How to File at the RDC in Dubai (2026)

The process is structured and largely digitised through the Dubai REST app and the DLD online portal. The steps are:

1. Ensure your tenancy contract is registered on Ejari - this is mandatory. Without Ejari registration, the RDC will not hear your case.
2. Gather your documents: signed tenancy contract, Ejari certificate, Emirates ID or passport, title deed or ownership proof, rent payment records, and all written communications with the other party.
3. File your complaint via the Dubai REST app, DLD online portal (dubailand.gov.ae), or in person at the RDC office at the Dubai Land Department headquarters in Deira.
4. Pay the filing fee: 3.5% of the annual rent value, with a minimum of AED 500 and a maximum of AED 20,000.
5. Attend the amicable settlement stage: the RDC will first attempt mediation. If this fails, the case proceeds to a hearing.
6. Receive a legally binding decision. Simple cases typically resolve within 2–4 weeks; more complex cases may take 1–3 months. Appeals add further time.

Tip. WhatsApp messages, emails, and text messages are all admissible as evidence before the RDC. Keep a complete record of all communications with your landlord or tenant from the day any dispute arises.

Off-Plan Buyers: When Developers Invoke Force Majeure for Delayed Handover

The regional conflict has created a new wave of off-plan delivery risk. Construction material shortages caused by Strait of Hormuz disruptions, contractor workforce disruptions, and supply chain delays are already affecting building timelines across Dubai and Abu Dhabi. Some developers are invoking force majeure to justify delayed handover — and buyers need to understand what that means for their rights.

Key Actions for Real Estate Clients:

• Review lease agreements for force majeure and hardship clauses immediately
• Issue written notice to landlords / tenants if performance is being affected
• Document all disruptions-  screenshots, shipping notices, port closure confirmations
• For off-plan buyers: check developer notifications and RERA registration for delay claims
• Do not assume rent can be withheld without legal advice - courts are strict

The Grace Period Framework

Every off-plan Sale and Purchase Agreement (SPA) in Dubai includes an anticipated completion date. After that date passes, the developer is typically entitled to a grace period of 6 to 12 months (as specified in the SPA) before buyers can pursue formal remedies. During this grace period, the developer is not in default.

Once the grace period expires, buyers may have grounds to cancel the contract and claim a full refund of escrowed payments - but the developer may counter with a force majeure defence, and RERA assesses each case individually. Under Article 21 of Executive Council Resolution No. 6 of 2010, developers can formally claim force majeure to justify delays, and the DLD and courts will assess whether the claim is genuine or a shield for developer negligence.

Force majeure events - such as material shortages caused by the Hormuz disruption, contractor unavailability due to airspace closures, or government-mandated construction halts - may excuse a developer from liability for the delay but do not eliminate the buyer’s rights entirely. Buyer payments remain protected in RERA-regulated escrow accounts under Law No. 8 of 2007, and cannot be accessed by the developer’s creditors.

What Buyers Can Do

Where a developer invokes force majeure, the buyer’s best strategy is not passive acceptance. The law gives buyers structured tools:

• Review your SPA immediately: focus on the anticipated completion date, grace period length, force majeure definitions, and penalty clauses for late delivery
• Verify the project’s status on the DLD website or Dubai REST app - check the registered Oqood record and RERA-approved construction milestones
• Request formal written updates from the developer - document all communications
• If the delay exceeds the contractual grace period without satisfactory resolution, file a complaint with RERA and the DLD
• If RERA mediates and the developer still fails to deliver, pursue compensation through the Dubai Real Estate Court or, where the project is cancelled by RERA, a full refund through the Special Tribunal

Buyer Warning. Only about 48% of Dubai’s 2026 planned residential completions are expected to deliver on schedule. With the conflict adding further pressure, now is the time to check your SPA, verify your project’s RERA status, and get legal advice before the grace period on your unit expires.

Abu Dhabi: A Different Jurisdiction, Different Rules

It is a common misconception that RERA and the Dubai RDC govern all UAE rental disputes. Abu Dhabi operates an entirely separate legal framework for tenancy matters, administered by the Abu Dhabi Judicial Department (ADJD) and the Rental Dispute Settlement Committee, a specialised body under the Department of Municipalities and Transport.

Abu Dhabi tenancy is governed by Law No. 20 of 2006, which sets core rights and duties covering rent, maintenance, handover, and dispute handling. The substantive force majeure and hardship framework is the same - UAE Civil Code Articles 273 and 249 apply across all emirates - but the procedural routes differ significantly.

Key differences for Abu Dhabi tenants and landlords:

• The Rental Dispute Settlement Committee is the primary forum, not the RDC
• Procedural rules, notice requirements, and filing timelines differ from Dubai
• The Smart Rental Index equivalent in Abu Dhabi operates differently from Dubai’s RERA Rental Index
• For off-plan disputes in Abu Dhabi, the relevant authority is the Department of Municipalities and Transport, not RERA

If your property is in Abu Dhabi, Sharjah, Ras Al Khaimah, or another emirate, confirm the correct jurisdiction before taking any formal steps. Filing in the wrong forum can delay your case and, in some circumstances, cause you to miss time-sensitive deadlines.

The RERA Smart Rental Index: What It Means in a Disrupted Market

One underappreciated dimension of the current dispute surge is rent increase conflicts driven by the market dislocation caused by the conflict. Dubai’s Smart Rental Index - the updated, building-level benchmark tool introduced by RERA and the DLD - sets the maximum permitted rent increase at renewal based on how far the current rent sits below the market average for comparable units.

The permitted increase bands under Decree No. 43 of 2013 are:

Current Rent vs. Market Average	Maximum Permitted Increase
Within 10% of market average	No increase permitted
11%–20% below market average	Up to 5% increase
21%–30% below market average	Up to 10% increase
31%–40% below market average	Up to 15% increase
More than 40% below market average	Up to 20% increase

In a disrupted market where rents in some areas are spiking because of displaced demand - expatriates relocating within the UAE, businesses consolidating offices, supply-side constraints on new builds - the Smart Rental Index becomes a critical protection for tenants. Any rent increase that exceeds the permitted band, or that is not accompanied by the required 90 days’ written notice before lease expiry, can be challenged at the RDC. Landlords who skip this notice requirement entirely lose the right to increase rent for that renewal period.

Use This Tool. Verify any proposed rent increase using the official RERA Rental Index Calculator on the Dubai Land Department website or Dubai REST app before accepting or rejecting it. An illegal increase can be challenged at the RDC.

The Qlegal Practical Checklist: Protecting Your Position Now

Whether you are a tenant, landlord, or off-plan buyer, the window for protecting your legal position is open - but it will not stay open indefinitely. Here is what to do:

For Tenants - Act Now

✓  Review your lease for force majeure and hardship clauses - does it exclude rent from force majeure coverage?

✓  If affected, write to your landlord immediately, formally and in writing, explaining the impact

✓  Do not withhold rent without legal advice and an RDC order - this is a breach of contract

✓  Gather evidence of financial or operational impact caused directly by the conflict

✓  Ensure your Ejari registration is current - it is mandatory for any RDC filing

✓  Consider Article 249 hardship as an alternative to force majeure for rent adjustment

For Landlords - Act Now

✓  If a tenant withholds rent, issue a formal written 30-day notice immediately

✓  Document the breach in writing - do not accept verbal assurances

✓  Do not self-help: no lock changes, utility cuts, or access restrictions without an RDC order

✓  Challenge any force majeure claim rigorously - demand evidence of the direct causal link

✓  File with the RDSC if rent remains unpaid after the 30-day notice period expires

✓  Review your lease’s force majeure clause to confirm rent is excluded from its scope

For Off-Plan Buyers - Act Now

✓  Read your SPA’s force majeure clause: what events are listed, what relief is available?

✓  Calculate when your SPA grace period expires - this determines when you can formally act

✓  Check your project’s status on the DLD website or Dubai REST app

✓  Request formal written updates from your developer about delay causes and revised timelines

✓  File with RERA if the grace period has expired and the developer is unresponsive

✓  Confirm your escrow account is registered and active - your payments are legally protected there

How Qlegal Can Help

Real estate and rental disputes are among the most time-sensitive legal matters in the UAE. Notice periods, filing deadlines, and grace periods do not pause because the situation is complicated. Missing them can convert a strong legal position into an irreversible loss.

At Qlegal Consultants, our team provides dedicated support across every stage of rental and property disputes:

• Lease audits to identify force majeure, hardship, and early termination provisions across residential and commercial contracts
• Drafting of legally compliant written notices to landlords, tenants, and developers in Arabic and English
• Representation before the Dubai RDC, RERA, ADJD, and Abu Dhabi Rental Dispute Settlement Committee
• Off-plan dispute management: SPA review, RERA filings, DLD complaint coordination, and escrow account verification
• Rent increase challenge filings: Smart Rental Index analysis and RDC submissions
• Multilingual advice for international tenants, investors, and landlords unfamiliar with UAE procedure

Contact us. If you are a tenant facing potential eviction, a landlord dealing with a non-paying tenant, or an off-plan buyer watching a grace period approach, do not wait. Contact Qlegal Consultants today for an urgent lease review and dispute strategy assessment.

 

** Disclaimer: This article is intended for general informational purposes only and does not constitute legal advice. UAE real estate law, RERA regulations, and RDC procedures are subject to change. The law applicable to any specific dispute will depend on the precise facts, the terms of the contracts involved, and the emirate in which the property is located. Readers are strongly encouraged to seek independent legal advice from a qualified UAE-licensed lawyer before taking any action.**  

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