Landlords and tenants can get into disagreements. A properly drafted lease contract contains resolution methods for disputes including mediation, arbitration, or filing a suit with the local courts. A landlord and tenant disagreement is best resolved with legal counsel or representation from a property dispute lawyer in Dubai. Before a lawsuit is filed, it is best to try out different conflict resolution methods as settling a dispute involving the courts can be exhaustive of both time and money.
When concerned parties are not able to resolve their own issues regarding the rent or any other matter, a neutral party may be sought out in order to help with negotiating a settlement. Arbitrators are utilized when parties submit rental disputes for arbitration. Arbitrators can decide resolutions for parties that seem fair for all those involved and parties are bound to the decision of the third parties. Of course, it is possible to have a non-binding arbitration. The method of arbitration is like mediation but more formal. There’s a fee involved and the expertise of a legal consultant or arbitrator in UAE.
Unlike arbitration, a mediation undertaken for a rental dispute isn’t binding. A mediator is still a third or neutral party that helps in coming to a resolution or decision. Arbitration and mediation are both fast and affordable methods in resolving conflicts in comparison to litigating matters in court.
Filing a case
Local courts can hear civil cases. Each jurisdiction in the UAE has its own set of rules and regulations regarding property disputes. The parties that are involved in a lawsuit are to have representation. A judge will be the one to decide a case and provide judgment.
Before taking any action, you should first consult with property or rental dispute attorney in UAE whenever there is an issue that can’t be resolved between a landlord and a tenant. With a landlord and tenant situation, a landlord will be employing the expertise of a property attorney in preparing a detainer action or in helping prepare or negotiate a lease. In general, a commercial lease is prepared by an attorney.
However, a residential lease may have been prepared by a management company, the realtor, or the landlord. A tenant would have to hire an attorney in order to uncover his or her legal rights whenever a landlord refuses in making major repairs or committed any act that is considered unlawful such as sexual harassment and discrimination. The same goes if the tenant was sued for unlawful detainer action. A tenant is advised to consult with lawyers prior to signing any lease agreement.
Specific ways lawyers will help
- Legal research – a lawyer is trained in researching applicable laws for a particular tent and landlord law matter. A lawyer can also utilize secondary sources e.g. articles that are written by lawyers and law professors which will prove helpful to a case. The courts aren’t obligated in recognizing research that’s considered as secondary sources. Lawyers have access to legal databases which can help research cases more efficiently and quicker. If you have an issue that is complicated, then you definitely should consult with a lawyer. Legal research would prove to be helpful to your case as you would be familiarized regarding your duties, obligations, and rights as a citizen and landlord or tenant.
- Review relevant contracts and provide representation – a lawyer can help you find loopholes with your rental agreement. For tenants, it is important to know that there are landlords that include a clause of attorneys’ fees in a rental or lease agreement in order to prevent any frivolous lawsuit. In the event that your rent or lease agreement has this clause, you’ll be entitled to getting your legal fees reimbursed as well as costs paid for litigation if you’ve won against the landlord. Otherwise, you’ll have to pay for the legal fees of your landlord. Take note: the situation can vary as it will largely depend on the matter of dispute like discrimination, personal injury and other matters. Talk to your lawyer and let the professional represent you during negotiations and litigation.
Rental laws in the UAE can be very complicated. A landlord and tenant dispute have to be taken very seriously as the local authorities in the country don’t take disagreements lightly. Any violation of Sharia laws can result in criminal and civil fines and penalties. A landlord and a tenant both need to undergo research on local laws in order to ensure that they’re both familiar with what they are going into and also to avoid hefty legal expenses.
Also, prior to taking any action, always remember to consult with a property dispute lawyer in UAE from HHS Lawyers. Reach out to us for further information.