The relationship between landlords and tenants in Dubai is governed by Law No. (26) of 2007 and its amendments. The law and its enforcement by the RDC, an arm of the Dubai Land Department (DLD), aim to ensure stability and transparency in the real estate sector. Before escalating a dispute, both parties are encouraged to attempt an amicable settlement. If that fails, understanding the RDC's process is the next crucial step.
Common Grounds for Rental Disputes
Rent Increases: Landlords can only increase rent in accordance with the RERA Rental Index, which is based on the average rent for similar properties in the same area. A 90-day written notice must be given before the contract expires.
Eviction: Landlords can only evict a tenant for specific, legally-defined reasons, such as non-payment of rent, and must provide a notarized 12-month eviction notice if they intend to sell the property or use it for personal use.
Property Maintenance: Disputes often arise over who is responsible for major versus minor repairs. Generally, landlords are responsible for major structural maintenance, while tenants handle minor upkeep, unless otherwise specified in the Ejari contract.
Security Deposits: Issues can occur when a landlord makes unreasonable deductions from the security deposit upon the tenant vacating the property. The deposit should only be used to cover damages beyond normal wear and tear.
How to File a Rental Dispute with the RDC
The process is designed to be accessible and can be initiated either online or in person.
Step 1: Attempt an Amicable Resolution
Before filing a case, it is crucial to document all communication with the other party (emails, notices, and messages). This evidence of your attempt to resolve the issue amicably will strengthen your case at the RDC.
Step 2: Gather Required Documents
You will need to compile a comprehensive file of all relevant documentation. This includes:
Passport, Emirates ID, and a copy of your residence visa.
The Ejari tenancy contract and certificate.
A copy of the property's title deed (for landlords).
Proof of rent payments (e.g., bank statements, copies of cheques).
Any correspondence between you and the other party (emails, official notices).
Any other supporting evidence, such as photos of maintenance issues, copies of DEWA bills, or a bounced cheque memo.
Note: All documents not in Arabic must be legally translated.
Step 3: File the Case
You can file a case through one of the following channels:
Online: Use the DLD or RDC website portal to register an account, upload your documents, and pay the fees.
In-Person: Visit the RDC's head office in Deira or one of the DLD-approved Trustee centers. A typist at the center will assist you in formalizing your complaint and submitting the required documents.
Step 4: Pay the Fees
The standard fee for filing a rental dispute is 3.5% of the annual rent, with a minimum fee of AED 500 and a maximum of AED 20,000. Additional administrative fees may also apply.
Step 5: The Resolution Process
Once your case is filed, it proceeds through a structured process:
Conciliation Department: The RDC's first objective is to mediate a settlement. An assigned conciliator will work with both parties to find a mutually agreeable solution, often through a tele-litigation system. If a settlement is reached, it is documented as a binding agreement.
Judicial Committees: If conciliation fails, the case is referred to a First Instance Committee, which functions as a court. Both parties will be given a date to present their arguments and evidence. A verdict is typically issued within 30 days.
Appeal: If either party disagrees with the verdict, they have the right to appeal to a higher committee within 15 days of the judgment's issuance, provided the value of the dispute is above a certain threshold.
A Final Word of Advice
For both tenants and landlords, maintaining a clear, written tenancy contract (Ejari) and open communication are the best defenses against disputes. Should one arise, acting promptly and preparing a thorough case with all documentation is the most effective way to ensure a favorable resolution.
