Property-related disputes are prevalent across the globe, whether between a landlord and tenant or a dispute between family members. Talking about rental dispute in Dubai, a quick and fair solution is directly proportional to the healthy functioning of the rental market.
Even in an ultra-modern city like Dubai, such rental disputes are not uncommon. In Dubai, you can approach such kinds of disputes through Rental Dispute Settlement Centres (RDC), which the government of Dubai has established. These centres aim to resolve all such rental disputes at hand at the earliest.
What are The Reasons For Rent Dispute Cases in Dubai?
One of the most common reasons for rental dispute cases in Dubai is the non-compliance of a tenant while paying their rent. In other cases, the second most common reason is when a landlord wants to use the property currently in use by the tenant for their personal use or give it to their kin. Additional reasons for rental disputes can include raising the rental amount by the property owner without any prior info or warning to the tenant.
Everything on Lodging a Rental Dispute in Dubai
Tenant rights in Dubai are taken very seriously. Lodging a rental dispute in Dubai can be completed in three simple steps.
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Verify the Issue First
As the first step, you will need to identify the category under which your issue falls; you may have to do some research and read about the laws. With this, you will be able to determine whether the problem is serious enough for filing a dispute.
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Allow Room For Proper Negotiation
As the second step, you will need to invite the other person(s) for negotiation, which should be the first approach for conflict resolution. Warn them against their actions and give them a deadline for resolving the issue. If they don’t agree or you cannot mutually conclude, then as the next logical and legal step, you will need to proceed further to file a rent dispute in Dubai officially.
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Register Your Case with RERA
You can file the rent dispute in Dubai online or by visiting the RDC head office located in Deira, Dubai. Visit your nearest centre with the required documents.
Show the documents to the typist at the office. He will be translating all these documents into the Arabic language for you. This is done because Arabic is the official language of the court. As the typist translates the documents simultaneously, he will inquire about the dispute to proceed further with your issue.
However, for online dispute filing, you must follow the steps below.
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- Visit the official website of the Dubai Land Department (DLD)
- Go to the ‘Rent Dispute Resolution Portal’ page
- Fill in the required information
- Upload the documents to acquire judgement with the execution writ seal
- Pay your fee online
You can attend the hearing through the tele-litigation system. The judgement, too, will be given on the website itself.
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Important Documents Required For Filing a Rental Dispute in Dubai
Here are the important documents required for filing a rental dispute in Dubai-
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- 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
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Landlord Tenant Dispute: The Case Proceedings
After successfully submitting documents and registering your case, your rental dispute will first be transferred to the Arbitration Department. The department’s primary focus is to resolve this dispute within 15 days.
If a settlement is documented, if the two parties finally agree. However, if in case, the negotiation is unsuccessful, in that case, you will need to file a lawsuit under RERA Dubai (Real Estate Regulatory) complaint. Please note that the timeline to receive a ruling on the suit is 30 days.
After the lawsuit is filed, RERA will allot you a date and time for presenting the rental dispute case. The hearing may take a few hours if other pending cases need attention on priority. Depending upon the proceedings, you may have to appear for another hearing.
Please note – that this process can take weeks or even months to adequately resolve. This is why the tenant and the landlord need to analyse all the possibilities before filing a dispute.
What is The Cost of Filing A Rent Dispute in Dubai?
The fee for rental dispute registration in Dubai is 3.5% of the total annual rent. For financial claims, the fee can be a minimum of AED 500 and a maximum of AED 15,000. However, this maximum limit of AED 15,000 can also be increased to AED 20,000 in case of eviction. It will be AED 35,000 if both eviction and finance are involved.
You will also be charged approximately AED 100 extra as a processing fee.
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- Approximately AED 10 will be charged as a knowledge fee
- Approximately AED 10 will be charged as an innovation fee.
- Approximately AED 105 for fast-track notification.
- Approximately AED 25 for registration, or Power of Attorney can be charged, if applicable.
Steps After Filing a Rent Dispute in Dubai
After you have filed your dispute, it directly goes to the Arbitration Department. It tries to resolve it within 15 days. However, if both parties agree with the decision for settlement, a settlement document is prepared with the writ of execution. However, in case of a disagreement, you can appeal for a RERA complaint within 15 days of the first judgement.
Summing Up
Rental disputes can happen anytime owing to numerous reasons. However, if such a situation arises, it is essential to tackle it with mutual negotiation and come to an agreement legally. The Rental Dispute Centers are specially established for that. These centres work the objective of resolving such cases at the earliest.
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Frequently Asked Question (FAQs)
In case of an unfair rent increase, you can file a RERA complaint if: The landlord didn’t serve a 90-day notice before increasing the rent The notice was served but not via the registered mailing service The increase was not properly in sync with RERA’s rent index
The maximum rent any landlord can increase is 20%. However, if the rent is 10% less than the market value, there is no increase. If the rent is 11-20% lower than the market value, the maximum increase can go up to 5%. If the rent is 21-30% lower than the market value, the landlord's maximum rent can increase up to 10%. If the rent is 31-40% lower than the market value, the maximum increase may be up to 15%.
A few cases when a rental dispute can be filed are: When the landlord has increased the rent without informing the tenant If the tenant has failed to give the rent or is deliberately not paying the rent
To track your case, you can visit the official website of DLD (Dubai Land Department). All you need to do is visit the website and enter the required details. You will get to know the status of your rent dispute case.
You can file your complaint at RDC (Rental Dispute Settlement Centre) Dubai.
The functioning of the real estate agents in Dubai falls under the Real Estate Regulations Agency (RERA). So, in case of any inconvenience, you can contact RERA and file a complaint against the agent.
In case of a dispute with your landlord, you can take that up with RERA. When should i file a RERA complaint for an unfair rent increase?
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