When renting a real estate unit, tenants are required to submit a security deposit to the landlord. This deposit is meant to cover any potential damages or unpaid rent that may occur during the contract. However, landlords are legally obligated to return the security deposit (full or balanced) to the tenant, but sometimes it can become a contentious issue. Tenants often find themselves in situations where their landlords fail to return the deposit, despite fulfilling all the terms of the lease agreement.
To cater to this, here we have elaborated on how to get a security deposit back in Dubai when the landlord refuses to do so.
Laws Regarding Security Deposit Return
In Dubai, the tenant and landlord relationship is governed by Law No. 26 of 2007. The law focuses on multiple aspects and conditions of a tenancy contract including security deposit return.
As per Article 8 and Article 20 of the law, the security deposit return is due upon the expiry of the tenancy contract. Whether the tenancy contract ended early or on time. However, landlords have the right to deduct security deposits to restore the property unit to its original condition. That said, if the property is properly handed over with no repair work required, the landlord must return the deposit on time.
Here is how to get a security deposit from a landlord in Dubai.
Steps to Recover Rent Deposit From Landlord in Dubai
Now that you are aware of the legal framework, let’s take a look at what to do if the landlord is not returning a deposit in Dubai.
Following are the steps explaining how to get a security deposit back in Dubai, after the landlord refuses to return in.
Step 1: Restore Property in Its Original Condition
The rule of thumb for moving out of a property is to restore the unit to its original condition. Usually, landlords prefer to get their property in original condition and any alterations or damage can result in security deposit dedication. Therefore, make sure all the damages are repaired and the property is in liveable condition.
Step 2: Notify the Landlord
Once the property is restored and the tenant is ready to move out, inform the landlord. Ask them to verify the property’s condition and return the security deposit. In case, landlords have issues with the property condition, discuss and resolve the issues.
If the landlord refuses to pay the security deposit after all the standard procedures, tenants can take legal action.
Step 3: File a Rental Dispute Case
After discussing and negotiating all the issues, tenants can take legal action against the landlord. Tenants can file a rental dispute case against the landlord with the Dubai Rental Dispute Centre (RDC).
To file a complaint, you can either visit the RDC’s office or opt for their portal. Please remember that the fee of filing a rental dispute case in Dubai is 3.5% of the annual rent along with AED 120 charged as a process, knowledge and innovation fee.
To know more about the process, read through our blog on filing a rental dispute in Dubai.
Step 4: Follow the Case Progress
Initially, RDC will assign a case to the mediator to resolve the security deposit return issues. If the dispute is not resolved within 15 days, the case will be forwarded to the jury.
The Court will issue a verdict within 30 days. If not satisfied with the verdict, tenants/landlords can appeal the verdict within 15 days by paying additional fees.
Step 5: Receive Security Deposit
If the verdict is in favour of the tenant, the landlord will have to pay the amount within the time specified by the landlord.
FAQs
What documents are required to file a complaint with RDC?
A tenancy contract, Ejari certificate, proof of payment and the inspection report are required to file a complaint with RDC.
Can I file a complaint against the landlord for a rental increase?
Yes, if the increase is not as per the law, you can file a complaint against the landlord. Here is how much rent can landlords increase.
Who resolves rental disputes in Dubai?
Dubai Rental Dispute Centre (RDC) under the supervision of RERA, resolves the rental disputes.
How much is the security deposit for rent in Dubai?
Usually, it is 5% of the annual rent and 10% in case of furnished property.
How much notice does a landlord have to give a tenant to move out in Dubai?
The time of eviction notice is usaully 12 months, but it can vary depending on multiple situations.
These were all the steps explaining how to get a security deposit back in Dubai. The transparent property transaction processes and fast-track case resolution increase tenants’ trust in the system. Despite the legal system, when looking for properties for rent in Dubai, it is necessary to discuss all the potential issues and clauses to avoid the legal hassle.
If you are new to the renting process, you must learn about the contracts and documents for renting in Dubai. Additionally, review the legal rights of landlords in Dubai to stay informed about their rights.
Stay tuned to dubizzle’s property blog for more information on rental disputes.
