Dubai is home to one of the fastest growing real estate markets in the world. A major factor behind this growth is the large number of people migrating to the Emirates for better employment and lifestyle opportunities. The majority of expats are new to the Emirates and renting a property is a more feasible option for them. Therefore, the government has drafted procedures and laws in order to safeguard the rights of both tenants and landlords equally. In fact, tenants are provided with the legal right to file a rental dispute against the landlord in case of any scrimmage.
This guide will provide complete details regarding the processes and procedures of filing a rent dispute in Dubai but first, let’s take a look at some common reasons that lead to rental disputes.
Common Reasons for Rental Dispute Cases in Dubai
The Dubai government established Rental Dispute Settlement Centres (RDC) which are responsible for dealing with different types of rental disputes. According to RDC, there are some common types of cases witnessed regularly. The first one is if the tenant is unable to pay the agreed rent amount or increase in rent. Landlords are obligated by the law to inform tenants about the increase in law at least 90 days earlier via email or notary public. Moreover, this rent should be in accordance with the rental increase limit set by the government. Tenants can use the RERA rental increase calculator for further confirmation. Tenant insurance, cutting off utilities or other necessary services to the property, are also common issues that can lead to rental disputes.
In the above-mentioned scenarios, tenants/landlords have all the rights to file the rental dispute against the landlord. However, filing a dispute should be the last option, it is better to resolve the issue with discussion.
How to Lodge a Rental Dispute in Dubai
Following are the steps involved to file a rent dispute in Dubai.
Verify the Issue in Accordance with the Law
The first step in filing a rental dispute is to thoroughly study the tenancy laws of Dubai. The Dubai government has drafted multiple laws to safeguard the rights of tenants and landlords. Identify the category in which your issue falls in reference to the law. This will elaborate on whether your issue should be considered a dispute or not. Moreover, it will be an effective approach to conflict resolution.
Invite Other Party for Negotiation
Once you have identified the law that justifies your issue, invite the opponent party for negotiation. Remember that, negotiation should always be the first priority in case of any conflict. Explain to them the law they are abiding by, warn them against their actions and provide a deadline to resolve the issue. If they are not interested or the negotiation gets exhausted, you can further proceed to file a rent dispute.
Register the Case
The rent dispute can be filed online or by visiting the RDC head office located in Deira, Dubai. Reach the centre with all the necessary documents required (mentioned below). Present the documents to the typist, the typist will then translate all the documents into Arabic, as it is the official language of the court. After translating documents, the typist will inquire about some questions related to the dispute (if necessary) and will proceed with your complaint.
Whereas, for online dispute filing, visit the official website of DLD and navigate to the ‘Rent Dispute Resolution Portal’. Fill in the necessary information and upload the required documents to acquire judgement with the Execution Writ Seal. Pay the fee online, attend the hearing through a tele-litigation system (in case of an appeal) and receive judgement via the website.
Documents Required
The documents required to file a rent dispute in Dubai are as follows:
- Copy of passport (landlord and tenant)
- Ejari certificate
- Title deed
- Emirates ID
- Tenancy contract (original)
- Rental dispute slip
- DEWA bills (recent)
- Rental payment cheques (copy)
- Any written agreement or document that may support your case.
Cost of filing a Rent Dispute in Dubai
The rental dispute registration fee in Dubai is 3.5% of the annual rent. For financial claims, the fee can be a minimum of AED 500 and a maximum of AED 15,000. The maximum limit can be extended to AED 20,000 in case of eviction and AED 35,000 if both finance and eviction is involved.
Other than this, AED 100 is charged as a process fee, AED 10 as knowledge fee and AED 10 as innovation fee. Moreover, AED 105 for fast track notification and AED 25 for Registration of Power of Attorney can be charged, if applicable.
What to do after filing Dispute
Once you file the dispute, it will be forwarded to the Arbitration Department which will try to resolve it within 15 days. In case both parties agree with the decision, a settlement document is prepared with the writ of execution. However, in case of disagreement, you can appeal for your RERA complaint at the First Instance Circuit within15 days of the first judgement.
The processing time is 30 days and both parties will be requested to appear at the hearing. In case of disagreement again, the losing party is provided with the rights to appeal the case again.
This was all about filing a rent dispute in Dubai. Although the process of filing a dispute is convenient, it is better to resolve the issue with negotiation. In case of appeal, the court may take longer to resolve the issue, as comprehensive investigations are carried out on the cases. The dispute can be avoided by taking some precautions while searching for apartments for rent in Dubai. Always ensure that documents are complete and opt for a written agreement for any commitment.
