Are you having problems with your landlord or your tenant? Rent disputes in the UAE are one of the common legal issues. To resolve the issue, parties first need to settle it amicably between themselves. If that fails, the last solution to your problem could be the filing of a rental dispute at the Dubai Rental Dispute Centre (RDC). But how does one proceed with the filing of a dispute, and what procedures need to be followed?
This article will help you to know in detail the whole process in a simple and easy to understand manner.
Understanding Rental Disputes in Dubai
Some of the common causes of rental disputes in Dubai include non-payment of rent, increase in rent, issues with property maintenance, and unlawful termination of tenancy contracts among others. The Dubai Land Department (DLD) is the authority that is responsible for the management of property and its related matters to ensure that people in Dubai have smooth transactions.
The Dubai Rental Dispute Centre (RDC) handles all rental disputes between landlords and tenants of real property in the Emirate, including free zones. The RDC also manages appeals and enforces decisions and judgments in rental disputes. The RDC operates under the Dubai Land Department (DLD).
The Real Estate Regulatory Agency or RERA has laid down certain laws regarding tenancy with an objective of offering protection to both the tenants as well as the landlords.
When to File a Rental Dispute in Dubai
Some of the common situations that may necessitate filing of a dispute include;
- Unlawful Rent Increases: This includes rent increase demands from the landlord which are not in conformity with the Real Estate Regulatory Agency (RERA) rental index.
- Eviction Disputes: Receiving an eviction notice without adequate cause or adequate notice periods being given.
- Maintenance Issues: When the property is not well maintained as agreed in the tenancy agreement.
- Security Deposit Disputes: Problems encountered when trying to get back the security deposit at the end of the tenancy period.
How to File a Rental Dispute Complaint in Dubai
The following table gives detailed information on filing renal dispute complaints in Dubai covering all the stages, documents, fees and procedure for filing.
Category | Amicable Settlement | Preliminary Suit | Appeal |
Service Description | Allows filing a dispute case for amicable settlement to resolve tenancy issues amicably and legally. | Allows filing a first-instance case for disputes between the owner and tenant, marking the first phase of litigation. | Allows filing an appeal against judgments or resolutions from primary committees, execution judges, or judges of provisional matters. |
Required Documents | 1.Last tenancy contract (Ejari) translated. 2. UAE ID of applicant. 3. Management contract. 6. Power of attorney (if applicable). 7. Heirs decree (if applicable). 8. Offer and deposit receipt (if applicable). 9. Supporting documents (e.g., correspondence, bills, checks). | Same as “Preliminary Dispute” | 1. List of appeal case application, including grounds. |
Service Terms | All documents must be in Arabic or legally translated, archived, and posted on the Rental Disputes Center website. No hard copy document is allowed. | Same as “Preliminary Dispute”. | Available within 15 days of judgment issuance or announcement. Documents must be in Arabic or legally translated and archived on the RDC website. |
Service Fees In the case the application is to register:
| 3.5% of annual rental value (min AED 500, max AED 20,000). – AED 25 for power of attorney registration.– AED 100 for advertisement – AED 10 knowledge fee – AED 10 innovation fee – Service partner fees AED 130 + VAT (if submitted via Real Estate Trustee Center). Note: Half the claim fee is refunded if settlement is reached. | 3.5% of annual rent value (min AED 500, max AED 20,000).– AED 25 for power of attorney registration. – AED 100 for advertisement. – AED 10 knowledge fees. – AED 10 innovation fees. – AED 130 + VAT (Real Estate Services Trustee fees). Additional claims incur extra fees. Note: Additional claim fee charged as per type of application. | Refundable appeal deposit: Half the adjudicated amount decided against the (convicted) in the Preliminary Suit judgement (for financial claims) – AED 25 for power of attorney registration. – AED 100 for advertisement |
Service Procedures (in person/ Real Estate Services Trustee) |
|
|
|
Service Procedures (Online/Website) |
| Same procedures as “Preliminary Dispute” | Same procedures as “Preliminary Dispute” but receive a judgment instead of an agreement. |
Service Time | Registration: 10 minutes Completion: 7 business days | Registration: 10 minutes Completion: 8 business days | Registration: 10 minutes Completion: 13 business days |
Residency Status | Citizen, Resident, Visitor | Same as “Preliminary Dispute”. | Same as “Preliminary Dispute” |
Frequently Asked Questions (FAQs)
Q1. What kind of rental complaints can be brought to the RDC?
The issues include; Non-payment of rent, increase in rent, non-adherence to certain property maintenance standards, security deposits, unlawful termination from premises among others.
Q2. How long does the resolution process take at the RDC?
It depends but the RDC has to ensure that disputes are solved as fast as possible. This process takes an average of one or two weeks based on the complexity of the case.
Q3. Am I allowed to challenge the RDC’s decision?
Yes, there is an appeal system in place and either of the parties can request for it if they do not agree with the decision made. The appeal has to be made within 15 days of judgment issuance along with prescribed fees.
Tips for a Successful Rental Dispute Resolution
- Prepare Thoroughly: Make sure that you have all the necessary documents ready and make your case as clear as possible.
- Be Honest: Provide relevant and correct facts and do not lie. Any form of deception may have legal consequences.
- Stay Calm: This can be stressful in disputes but remaining calm is a way to ensure that you present your case properly.
- Seek Legal Advice: It is always advisable to seek the opinion of a property lawyer in such a case for advice and to improve the chances of a successful resolution.
Read more here: How rental dispute lawyer Dubai UAE help with tenant and landlord disagreements
Conclusion
Filing a rental dispute complaint at the Dubai Rental Dispute Centre can be beneficial in resolving issues in a timely and neutral manner. Have you collected all the required paperwork? Do you know what to expect next? It is important to know that being knowledgeable about the procedure and being organized can be very helpful in facing this challenge.
If you require legal advice or help, then it is advisable to contact HHS Lawyers in Dubai. Our Real estate lawyers in Dubai will assist you and help you to comply with the necessary procedures and also to make sure that your rights are not violated in any way.
To get in touch with them, you can reach out to them for a consultation now.