Real estate market is one of the most important markets in Dubai. Due to recent fluctuations, there has been a tremendous change in laws and policies and an increase in tenant and landlord disputes. People are searching for property dispute lawyers Dubai, UAE to solve disputes.
How to solve a Property Dispute in Dubai
Dubai now has a more mature real estate market after enacting several real estate laws regarding registration (including initial registration), strata, mortgages, escrow accounts and other laws and decrees. These laws clarify the rights and obligations of the real estate market stakeholders. Investors, developers, banks and the land department help them to understand their rights and best practices.
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Rent Dispute Settlement Center
The Rent and Dispute Settlement center have jurisdiction over Dubai tenancy disputes which carry out rental dispute cases related to the leasing of immovable assets.
The Rent and Dispute Settlement Center have no jurisdiction over:
- long term leases (i.e. for a period exceeding 10 years),
- Tenancy disputes in free zone areas which already have a court or judicial committee such as within the DIFC.
Any dispute arising between landlord and tenant with regard to rents are referred to Rent and Dispute Settlement Center. The judgments are issued by judges and can be appealed before a Rent and Dispute Settlement Center appeal committee subject to certain conditions.
The Rent and Dispute Settlement Center litigation process is very quick. The Rent and Dispute Settlement Center have a mediation department that aims to resolve settlements between landlords and tenants prior to referring the case to judges.
Breach for Tenancy Contracts
Breach of Contract by the Tenant
Failure to pay rents
If a tenant breaches a tenancy contract, the first and most common is the failure to pay the rent. All tenancy agreements contain a written provision for the payment of rent.
The tenancy agreement will specify the amount of rent when the rent should be paid, and process to pay the rent. if the tenant fails to pay rent it is a fundamental breach of the tenancy agreement by the tenant.
Damage of Property
Damaging the property, harassment of the neighbors, causing a nuisance to the neighbors, or failing to maintain the property.
Illegal activities
If a tenant has been carrying out illegal activities in the property or has been arrested for an offence committed in the property, in these circumstances they have breached the tenancy agreement.
Legal advice should be obtained from property lawyers in Dubai for breach of the tenancy contract.
Breach of Contract by Landlord
Exclusive passes to property
A landlord can breach the tenancy agreement by not allowing the tenant to have possession of the property.
Entry without permission
If the landlord enters the property without permission or without giving any notice, they are preventing the tenant from enjoying the exclusive possession of the property.
Failure to carry out repairs
If the landlord fails to carry out repairs as per tenancy contract this will constitute a breach of the tenancy agreement.
Breach of tenancy contract can lead to a breach of tenancy laws for further assistance contact property lawyers who can give further insights related to tenancy laws.
Termination Notices and Penalties
The landlord has to specify the notice period required by the tenant and any corresponding penalties that will be imposed in case of a breach of the notice clause.
The law is silent on early termination of the lease agreement, so if there is no early termination clause and the tenant wishes to terminate the lease prior to expiration, the tenant can seek a refund of the remaining rent from
Therefore, it is in the tenant’s best interest to include an early termination clause that states how much notice must be given and the penalty, if any.
Learn More: Litigation for Investments in Delayed Real Estate Projects
Violations by Tenant
Sometimes tenants violate owners’ association, Dubai Municipality or other regulations that may result in a penalty being levied on the owner of the property.
To avoid the landlord paying these fines out of pocket, the lease should clearly state that the tenant will be liable to pay such penalties if not, the fine will be deducted from the security deposit.
There should be a statement reflecting that the tenant acknowledges notice of this policy, and will not challenge it in a judicial proceeding.
Find detail: Off plan Property Disputes in Dubai
Violations by Landlord
The tenant can sue the landlord for any violations of tenancy laws prescribed in the contract. Such violations include:
Illegal provisions
A residential lease agreement should not contain any provisions that violate state and/or federal laws
Failure to provide Security Deposits
If the landlord failed to provide an itemized statement or the failure to return the unused portion of the security deposit can result in the landlord owing the tenant for monetary damages.
Inadequate Insurance on a Rental Property
A landlord should ensure a property against any lawsuits brought by a tenant. If a tenant is injured because of dangerous conditions or if a landlord illegally evicts a tenant the insurance will cover the cost of litigation and pay damages
Property Lawyer in Dubai
HHS lawyers in Dubai have a tailored in dealing with property disputes and have been dealing with such cases in quite an expert way. Contact us for any legal assistance related to a property dispute.
Find more details: A Property Dispute in Dubai For Breach of Contract
Need Property Dispute Help?
Dubai's Expert Advice at Your Fingertips.
FAQ’s
1. What are the property disputes in tenancy contracts in Dubai?
The issues of property in tenancy contracts occur when the landlords and tenants cannot agree on the terms of their tenancy in regard to paying rent, eviction, maintenance costs, renewing of the contract, or security deposit issues.
2. What do tenancy disputes deal with in Dubai?
Any issue involving tenancy is settled by the Rental Dispute Settlement Centre which is administered by the Dubai Land Department.
3. What are the documents needed to file a tenancy dispute in Dubai?
Key documents include:
Tenancy contract
Ejari registration certificate
Emirates ID / copy of passport.
Cheques or payment receipts.
Any written communication between the tenant and the landlord.
4. What are the most popular tenancy contract disputes in Dubai?
Common disputes include:
Late or non-payment of rent.
Illegal eviction notices
Unfair rent increases
Conflicts over maintenance and repairs.
Refunds on security deposits.
Violation of terms of tenancy contract.
5. Is a tenant evictable without a notice in Dubai by a landlord?
No, eviction should be in accordance with UAE tenancy laws. In the majority of cases, landlords should give a 12-month written notice by notary public or registered mail with reference to the eviction motive.
6. What is to be done by a tenant in case of unfair increase of rent by the landlord?
In case rent increases are not in line with the RERA rental index, tenants have a right to challenge them. The complaint may be presented at the Rental Dispute Settlement Centre.
7. How many days does it take to solve a tenancy dispute in Dubai?
The time frame depends on the complexity of the case, but most cases are settled in a few weeks to few months under the legal process.
8. How much does it cost to put a tenancy dispute through in Dubai?
This costs 3.5 percent of the annual rent, but is limited by a minimum and a maximum imposed by the authority.
9. How can tenants seek compensation in tenancy cases?
Yes, tenants have a right to compensation in terms of damages, unlawful eviction, or infringement of landlords, which should be supported by adequate evidence.
10. What is the repercussion of the tenant denying to leave the house?
A case can be filed in the Rental Dispute Settlement Centre by the landlord. In case the ruling is ruled against the landlord, enforcement will be carried out.
11. Does Dubai require Ejari to settle a tenancy dispute?
Yes, Ejari registration is necessary because it officially confirms the tenancy contract and must be able to file any dispute case.
12. In tenancy, is it possible to resolve the dispute outside court?
Yes, parties may solve disputes by means of negotiation or mediation. But, in case there is no consensus, the case is handled by the Rental Dispute Settlement Centre.
13. What can HHS Lawyers do to resolve tenancy contract disputes?
To provide the most favorable result of both tenants and landlords, HHS Lawyers provide the legal consultation, review contracts, file a dispute, represent a person before authorities, and negotiate.
