Dubai: Disagreements between landlords and tenants are understandable, and often quickly resolved. But if neither party is willing to come to a conclusion, it may be time to raise a rental dispute.
In Dubai, complaints from both tenants and landlords are heard by the Rental Dispute Centre (RDC). From issues like unpaid rent to unfair eviction notices and incorrect security deposit deductions, the RDC mediates between the landlord and tenant and brings the matter to an effective conclusion, based on the emirate’s regulations.
Here’s what you need to know about the documents required, how much it costs, and what to expect from the process of filing a rental complaint with the RDC.
What is the Rental Disputes Centre?
Established by Decree No. (26) of 2013, issued by His Highness Sheikh Mohammed bin Rashid Al Maktoum, Vice President, Prime Minister of the UAE and Ruler of Dubai, the RDC is a specialised judicial body under the Dubai Land Department (DLD) that is responsible for handling and resolving all disputes between landlords and tenants in the emirate.
When should I file a rental dispute?
Escalating the complaint should never be the first step, according to legal experts [will add link to move-out story], who said both parties should always try to resolve the dispute first, before raising it with the RDC.
For certain scenarios, there are clear steps that must be taken before raising the issue with the authorities, according to Dubai’s Law No. (26) of 2007 Regulating the Relationship between Landlords and Tenants in the Emirate of Dubai, amended by Law No. 33 of 2008 – the legislation that oversees all aspects of the landlord-tenant relationship.
Here are a few to note:
Unpaid rent dispute: A missed payment or bounced rent cheque does not automatically give landlords the right to evict their tenants. A formal notice must be sent to the tenant first and he/she must be granted 30 days to pay the outstanding amount, according to Article 25(1) of the law, which states: “The Landlord may seek eviction of the Tenant from the Property before the expiry of the Lease Contract term… where the Tenant fails to pay the Rent or any part thereof within thirty (30) days from the date of service of Notice to pay on the Tenant by the Landlord.”
Notice period dispute: The law states that if either the landlord or tenant wants to change contract terms or rent for the next lease period, they must give notice of at least 90 days before the current contract ends. Navandeep Matta, senior associate at Kochhar & Co. Inc. Legal Consultants, Dubai, explained that any notice should be provided through a provable form: “For a significant tenancy, mirror the Article 25 standard of notice through a notary public or by registered mail. Email alone is reliable only where the contract expressly permits it.”
Early termination dispute: In Dubai, terminating a tenancy contract before its expiry date carries a standard penalty of two months’ rent, and the tenant must provide 60 days’ prior written notice, according to Matta. If the contract is silent on the issue, the tenant remains (in principle) liable for the rent for the unexpired portion of the term, and the landlord may present the remaining cheques.
What documents are required when filing a dispute?
The documents required vary based on the dispute in question, however, the RDC outlines the following standard documents required in most cases:
- Valid Ejari-registered contract
- Valid Emirates ID
- Letter from bank or bank statement mentioning the claimant’s IBAN (International Bank Account Number).
- A copy of the notarised notice, along with the notification officer’s report or a registered post along with receipt of notice acknowledgement, in case of eviction claims.
- Documents that support your claim, such as power of attorney, management contract, correspondence, notices, electricity and water bills, cheques, and letters.
- According to the RDC website, when filing a dispute, all documents must be submitted in or translated legally into Arabic, and be uploaded according to the sections described in the system.
How does the RDC rental dispute process work?
When you are unable to resolve a rental issue with the other party, you can escalate the matter to the RDC.
Prior to claims being forwarded to First Instance Committees, they undergo evaluation by the Conciliation Department at the RDC. The RDC allows individuals to file an ‘Amicable Settlement’, wherein it helps the landlord and tenant reach a settlement that is satisfactory to both parties. This process is separate from litigation procedures, according to the RDC, but is still within a legal framework that guarantees the rights of all parties involved. In the event of a settlement, the conciliation is signed by the tenant, the landlord, and the conciliator, as well as a supervising judge, with the agreement enforced at the RDC.
If the amicable settlement is inconclusive, either party may file a lawsuit, wherein they can attend a hearing through the RDC’s tele-litigation system. The Judgment Execution Department is then responsible for enforcing all judgments, including eviction orders and financial claims.
How to file a rental dispute with the RDC
The rental dispute case can be filed online, through the RDC’s website, or in-person at Real Estate Services Trustee Centres, which are licensed and authorised by the DLD to handle non-transactional administrative and legal services related to real estate in the emirate.
Here are the steps to follow, for both avenues:
Apply via the RDC website
- Visit the RDC’s portal – rdc.gov.ae – and sign in with your UAE PASS.
- If it is your first time on the website, register for an account, by entering your personal data and uploading identification documents, such as your Emirates ID.
- Navigate to ‘Services’. Here, you can select the type of dispute you would like to file, such as ‘Amicable Settlement’.
- Enter the information, including the reason for the dispute, tenancy and case details, and any relevant dates.
- Upload supporting evidence, such as correspondence, notices, and electricity and water bills.
- Pay the fees.
- Both parties will have the opportunity to resolve the dispute through a mediated conciliation process, before proceeding with litigation. Receive and sign the conciliation agreement, if the settlement is successful.
- If amicable settlement is not reached, you can move on with a lawsuit. You will receive a date and time, whereby you can attend a hearing session through the RDC’s tele-litigation system. Once both parties have presented their side of the case, the judge will review the statements and you will receive a judgment through the RDC website.
The processing time varies, according to the judge’s availability and the complexity of the case, however, the registration process is completed in one working day, according to the RDC.
Apply via a Real Estate Services Trustee Centre
- Visit a Real Estate Services Trustee Centre. You can find a convenient location by browsing the DLD’s list of Centres here: dubailand.gov.ae/en/eservices/real-estate-service-trustees-centres.
- Provide the required information and submit all necessary documents to a service agent, to ensure compliance.
- Pay the fees and obtain your receipt.
- On the appointed date and time, attend the conciliation session through the tele-litigation system. Receive and sign the conciliation agreement, if the settlement is successful.
- If you are continuing with a lawsuit, you will receive a date and time, whereby you can attend a hearing session through the RDC’s tele-litigation system. Once both parties have presented their side of the case, the judge will review the statements and you will receive a judgment through the RDC website.
The processing time varies, according to the judge’s availability and the complexity of the case, however, the registration process is completed in one working day, according to the RDC.
What does the dispute process cost?
Here is the breakdown of the fee schedule, according to the RDC:
Filing fee: 3.5% of annual rent or lease value.
In the case of eviction, lease renewal, rent claim, termination of lease in force, and return to the premises previously evicted from for demolition and reconstruction: The fee is not less than Dh500 and not more than Dh20,000.
For monetary claims: 3.5% of claimed amount, subject to a minimum of Dh500, and a maximum of Dh15,000.
Registration of power of attorney, if applicable: Dh25
Processing service fees: Dh100
Knowledge and innovation fees: Dh20
Partners’ service fees: Dh130 + VAT shall be added if a claim is registered through a Real Estate Services Trustees Centre.