How To File A Rental Dispute In Dubai ?
Having disputes with your landlord? We are here to guide you through the entire process of filing a rental dispute in Dubai.
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People carve to visit the luxurious, futuristic city of Dubai, at least once in their lifetime. Enhanced opportunities for employment and a premium quality lifestyle attract millions of migrators to the city. When you move to Dubai, the first thing you need is an ideal location to stay. So, renting a property is the most viable option. But dispute related to property is a common thing. So for a smooth rental market to function, the government of Dubai has come up with certain rules and regulations to protect the rights of the landlords and tenants equally.
The various reasons for this dispute are rental increase, disagreement over the lease duration, curtailing the amenities of the tenants, tenant insurance, disputes related to the security deposit and improper maintenance of the property by the landlord. Failure on the part of the tenant to pay the rent timely and the landlord trying to use the property assigned to the tenant, and finally tenant's unwillingness to vacate the property in due time can also lead to disputes. Whatever the reason, to safeguard the interest of both parties involved, the government has made provisions whereby the tenants can file a rental dispute against the landlord.
The government of Dubai has taken stringent measures to handle these rental disputes and established the Rental Dispute Center(RDC) under the Dubai Land Department(DLD). RDC provides a common platform for both the landlord and the tenant to place their issues and resolve them in an amicable manner for a fair resolution of the disputes providing a beneficial solution to both parties.
The steps involved in filing a rental dispute in Dubai start from keeping all relevant documents ready, and attending hearings and mediation sessions in order to understand your rights as a tenant and find a proper solution for your rental dispute.
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The Complete Guide To Filing A Rental Dispute In Dubai
Communication Between the Two Parties
Communicate with the other party first allowing proper space for negotiation. Try to resolve it in an amicable way for a solution that can be mutually accepted. But if your tenancy problem has reached a situation where it can’t be resolved by any mode of communication, then you can file a rental dispute in Dubai.
Diagnose the Problem
To understand under which category your dispute belongs, you need to first understand the law procedures well. This will give you a clear picture of whether filing a dispute is serious or not. Read the Dubai Tenancy law well before filing a dispute. Be well-informed before proceeding further.
Check to See if the Issue is Likewise to the Law
It is important to be well aware of the dos and don’ts mentioned in the law. For instance, as per the decree, the landlord should inform well in advance by a notice 90 days prior, if he wants to increase the rent. This notice should be delivered to the tenant through registered mail. The landlord should abide by the RERA’s rent index while increasing the rent.
Irrespective of the fact that you are a tenant or a landlord, understanding the RERA Law is a must for you to proceed with your issue further for legal measures. In case you are unable to understand it well, seek help from legal counsel.
Apprise the Other Party and Call For a Solution
After you have well understood the RERA Law, inform the other party about the legal steps you are going to take. Keep all your correspondence well documented. When there is no room for mutual settlement, then you can definitely file a rental dispute case. Your case will be looked at by the rental dispute committee. But remember it is a very long and time taking process. So filing a rental dispute should be the last step in your agenda to find a solution.
Assemble Relevant Documents
All the relevant documents related to the tenancy and dispute are necessary to register your dispute with RDC
- Ejari certificate
- Tenancy contract
- Payment receipts
- Recent DEWA bill
- Communication document between the parties
- Title deed and copy of landlord’s passport
- Copy of tenant’s passport and visa
- Emirate ID
- Evidence supporting the dispute
Case Registration with RERA
Under Decree 26 of 2013, Rental Dispute Resolution Centre (RDC) was established to solve all issues related to rental disputes in Dubai. For filing the rental dispute, Rental Dispute Center(RDC) can be contacted over the phone for your assistance or you may visit the RDC head office in Deira, Dubai, personally seeking guidance for your dispute. Detailed information on RDC is available on the DLD website. You can also log in to their website and register your complaint with relevant documents.
If you go in person. You need to submit your documents to the typist of the court. The documents will be translated into the Arabic language by the typist since it is the official language of the court. The typist will also make certain queries to know your case well and proceed smoothly.
For online processes, the steps are:-
- Log in to the official website of DLD
- Visit the page for ‘Rent Dispute Resolution Portal’
- Complete the required information
- Upload all necessary documents
- Pay the fees
The hearing for the case can be attended through a tele-litigation system. And then on the website, one can find the final judgment.
RDC Mediation Session
After the case is accepted by RDC, it will arrange for a mediation session. In this session, the RDC will try to help you reach out for a mutually beneficial settlement. If the RDC mediator gets a positive response from both sides, it will document it and get it signed by both parties involved. If the mediator is unable to reach a settlement, then it will take the case to the next level.
RDC Hearing Session
If the mediation session does not give any fruitful result, then the case will be referred to an RDC hearing. During the session, both the parties are free to put forwards their arguments and the RDC has to decide unbiased based on the evidence and abiding by the rental law of Dubai.
RDC Decision
The RDC will come up with its decision in writing outlining the resolution to the dispute. It is mandatory for both parties to abide by this decision of RDC. If any one party disagrees, then he has the full right to appeal in the court of Dubai.
Follow up On the Decision
If both parties agree with the RDC decision, then they need to comply with the RDC’s ruling. For example, there can be statements for the landlord to provide compensation to the tenant and he has to abide by it. In case of any conflict, legal advice can be taken.
Filing a Lawsuit Under RERA
For your RERA complaint, you must file a lawsuit if the resolution is unsuccessful. A decision on the lawsuit is expected within 30 days. After filing a lawsuit, RERA you will get a date and time for presenting his rental dispute. It may take some hours to be in the court depending on the amount of cases handled.
In case the court finds that you do not have substantial evidence for that day, you may have to appear again for the hearing. You can again appeal further if you lose the dispute. It's a very time taking process, so both parties must well scrutinize the efficacy of the situation before filing a rental dispute in Dubai.
Further Appeal
If you are not satisfied with the resolution of the rental dispute committee, you can further appeal to the relevant higher court along with relevant documents and fees within the specified time frame.
Cost Involved In Filing A Rental Dispute In Dubai
3.5% of the total annual rent is taken as a fee for registration for rental disputes in Dubai. It can be between 500 AED to 15000 AED. For eviction cases, it goes to 20,000 AED. If the case involves both eviction and finance then it may mount to 35000 AED. For the administration fee, 110 AED extra is charged.
A Rera Complaint For An Unfair Increase In Rent
Here are certain points to know when your landlord was unfair in increasing the rent and you can file a rental dispute case
- A 90-day notice was not given by the landlord.
- The notice was not given by registered mail
- The landlord did not abide by the RERA’s rent index
The RERA rent calculator is provided by the Dubai Land Department(DLD) to calculate the rent increase. All residents can avail of it for free and use it for the effective calculation of their property fares. Make a comparison with their neighborhood. Check if the increase is beyond the limit outlined by RERA, and then he can file a rental dispute.
Exceptions
There are certain exceptions where Rent Dispute Centre in Dubai does not play its jurisdiction.
- Any Financial lease agreements
- Dubai free zones like DMCC, JAFZA and Tecom
Conclusion
Various reasons can lead to rental disputes. But one should try to solve it through mutual negotiations. If it does not work, he can always to the Rental Dispute Center for resolving the issue. But prior to that you must be well informed about the entire process, and relevant supporting documents to streamline your process and help you with mutually beneficial solutions.
