Agreement To Exclude Security Of Tenure Template for the United Arab Emirates

An Agreement To Exclude Security Of Tenure is a specialized legal document that allows you and your landlord to waive certain statutory protections typically afforded to tenants under UAE property law. This agreement provides both parties with greater contractual flexibility by removing automatic renewal rights and other tenure protections that might otherwise apply to your commercial lease arrangement.

When do you need this document?

You typically need this agreement when entering into commercial property arrangements where maximum flexibility is required for future business decisions. This includes situations in Dubai's Business Bay, DIFC, or other commercial districts where landlords prefer shorter-term commitments or want to retain the right to redevelop properties without lengthy notice periods. The agreement is also essential for businesses in UAE free zones where operational flexibility is crucial for international companies. Additionally, you may need this document when negotiating lease renewals where both parties want to avoid automatic statutory extensions that could complicate future property strategies.

Key legal considerations

Under UAE law, this agreement must contain clear statutory warnings explaining the implications of waiving security of tenure protections. You must understand that by signing this document, you're giving up certain rights that would otherwise protect you from sudden lease terminations or unfair rent increases. The agreement should clearly define the property, reference the main lease terms, and specify exactly which statutory protections are being excluded. It's crucial that both parties receive independent legal advice before signing, as UAE courts will scrutinize whether the agreement was entered into voluntarily and with full understanding of its consequences. The document must also comply with UAE Civil Code provisions regarding contract formation and capacity to ensure enforceability.

Legal requirements in United Arab Emirates

In the UAE, this agreement must comply with Federal Law No. 5 of 1985 (UAE Civil Code) and relevant emirate-specific regulations. In Dubai, you must also consider Dubai Law No. 26 of 2007 and its amendments, which govern landlord-tenant relationships and lease registration requirements. The agreement requires proper execution with authorized signatories for corporate entities and must include company registration numbers where applicable. DIFC properties are subject to additional requirements under DIFC Law No. 4 of 2007. The document should be drafted in Arabic or include certified translations for court proceedings, and you should ensure registration with relevant authorities such as Dubai's Real Estate Regulatory Agency (RERA) where required. All parties must have legal capacity under UAE law, and the agreement must not contravene public policy or mandatory provisions of UAE property legislation.