Resolving Rental Disputes in Dubai: A Practical Guide

Understanding Common Rental Disputes in Dubai

While there is no list of the kinds of landlord-tenant disputes that could take place, there are often common reasons that result in rental disputes in Dubai. Knowing common rental disputes can help you fortify your contract (whether you are a landlord or tenant) to prevent such issues in the future. 

Types of Rental Disputes Tenants and Landlords Face

The most common kinds of landlord-tenant disputes include: 

• A sudden spike in rent by the landlord - which doesn’t adhere to the Dubai rent increase law. 

• Unreasonable grounds for eviction by the landlord. 

• Cutting off essential services for the tenant (e.g. water and electricity). 

• Leasing a property with pest infections and other defects. 

• Unreasonable deduction from the tenant’s security deposit (this is also referred to as dispute move-out charges). 

• The tenant doesn’t pay rent on time. 

• There has been extensive damage to the property by the tenant. 

• There are complaints of misbehavior by the tenant (e.g. not adhering to Dubai’s cultural sensitivities or conducting illegal activities within the property). 

Legal Grounds for Filing a Rental Dispute in Dubai

Any of the aforementioned reasons qualify as rental disputes and can give tenants legal grounds for filing a case in Dubai. 

It is often recommended that a landlord-tenant dispute be initially resolved between both parties. However, if neither party can arrive at a common ground, then they can approach the RDC Dubai to lodge a complaint and fight a legal case. 

Steps to Resolve Rental Disputes in Dubai

There are two primary methods of resolving rental disputes in Dubai: either both parties sit and amicably resolve the issue, or they approach a higher authority. 

Here are some steps you can take to resolve rental disputes in Dubai: 

How to Approach Your Landlord or Tenant for Dispute Resolution

Whether you are the tenant or the landlord, the first step for rental dispute resolution is to verify the issue. 

Understand which category your particular landlord-tenant issue falls under. For this, you should do your fair share of research to understand Dubai tenancy law and determine whether your issue provides grounds for filing a case or not. 

If your case does have grounds for filing a legal case, you must first approach the opposing party and broach the issue. It is an unspoken rule to always allow ample room for negotiation and conflict resolution. 

You can approach the opposing party by either sending them an email or a message. It is always advised to carry proof in case you have to approach a higher authority. Emails and messages will showcase that you attempted amicable rental dispute resolution. 

If neither party can arrive at a solution, the next step should be registering your case with RDC Dubai. 

Key Documents Required for Filing a Rental Dispute

When filing a rental dispute case with RDC Dubai, you can either file it online or visit the RDC head office with the required documents. 

Ensure that you have the following documents to bolster your case:

• Passport copy (of both landlord and tenant) 

• Residence visa 

• Emirates ID 

• Ejari certificate 

• Tenancy contract 

• Recent DEWA bills 

• Rental deposit slip 

• Title deed 

• Copies of any correspondence between both parties pertaining to the rental dispute 

• Any other relevant documentation that may add weight to your case 

Navigating the Dubai Rental Dispute Settlement Center (RDSC)

Bear in mind that RDC Dubai is also referred to as the Dubai Rental Dispute Settlement Centre (RDSC). When approaching the RDC for a landlord-tenant dispute, it is natural to feel overwhelmed. Here are certain things to keep in mind while filing a case at the RDC. 

Filing a Case at the RDSC: A Step-by-Step Guide

If you decided to file your rental dispute case online, here are the steps you should take:

1. Visit the official Dubai Land Department (DLD) website. 

2. Head to the ‘Rent Dispute Resolution Portal’ tab. 

3. Fill in the required information. 

4. Upload the required documents. 

5. Pay the fees online. 

6. To know the verdict, you can attend the hearing through a tele-litigation system. Either way, the verdict will be given on the website itself. 

However, if you visit the RDC Dubai to file your case, you can provide your documents to an assigned RDC typist, who will help you submit your complaint. At the RDC Dubai office, the documents you submit will be translated into Arabic (if they are of another language), as Arabic is the official court language. The typist will also inquire further about your rental disputes and will guide you on how you can formalize your complaint and file your case. 

Understanding the RDSC Decision-Making Process

Once you have submitted your landlord-tenant dispute case and the required documentation, it will be a waiting game. 

Your case will first be transferred to the Arbitration Department - which generally aims to resolve rental dispute cases within 15 days. If a settlement is provided and both parties agree to it, then your case has been solved. 

However, if there is no agreement for the settlement provided by the Department, you will have to file a lawsuit under RERA Dubai, for which the ruling will take approximately 30 days. After filing the lawsuit, both parties will be given a date and time for presenting their rental dispute case. 

So, whether you are approaching the RDC with landlord complaints in Dubai or tenant complaints, you will have to prepare your case beforehand to present it effectively. 

The hearing usually takes a few hours depending on the case. You may also be asked to appear for another hearing. The RDC’s decision-making process can take weeks to even months depending on the severity of the rental dispute. It is important that both parties understand this and are prepared to wait for the verdict. 

Tips for Preventing Rental Disputes in Dubai

Solving a rental dispute through higher authorities in Dubai may take a while, which is why both tenants and landlords are often advised to fortify their contracts in order to prevent a dispute in the first place. 

As the quote goes, prevention is better than cure. 

Here are some tips on preventing rental disputes in Dubai. 

How to Draft a Clear and Comprehensive Rental Agreement

Before you begin drafting your rental agreement, it is important to have a lengthy discussion with the opposite party to gauge whether both of you are on the same page regarding the property. 

For example, you must discuss the rights and responsibilities of a tenant and establish that the landlord is the rightful owner and will have to be contacted before making any major decisions. 

When you begin drafting your rental agreement, ensure that it formalizes all verbal agreements between both parties, including: 

• Rental payment method 

• Purpose of property use 

• Duration of the rental agreement 

• Rights and responsibilities of the tenant and owner 

• Penalties for late fees

• Security deposit amount 

• Rent increase clauses 

• The maximum number of people allowed to live on the property 

Including clauses on the aforementioned and other factors will decrease the chances of rental disputes occurring. 

Importance of Regular Communication Between Tenants and Landlords

Even after the rental agreement has been drawn up and signed, maintaining a constant line of communication between both parties is extremely important. 

This can be done by emails, messages, or calls and for purposes such as: 

• Informing the landlord about any renovations/additions the tenant wishes to make. 

• Informing the tenant beforehand about future rent increases. 

• Updating the landlord of any repairs that need to be made or any sudden damage. 

Additionally, in case there is a landlord-tenant dispute, the previous communication between both parties will serve as evidence for filing a legal case. 

What to Do if Your Rental Dispute Escalates

If both RDC Dubai and RERA Dubai are unable to resolve your rental disputes, there is another route you can opt for. 

Legal Options Beyond the RDSC for Rental Disputes

The only other option you can pursue beyond RDC Dubai for rental disputes is to approach the Dubai court. For this, you will have to hire a real estate lawyer who specializes in rental disputes and can help you effectively present your case before the court. 

Bear in mind that filing a legal case at the RDC itself can be an expensive process. Fighting in the Dubai court will require more time, money, and effort for both parties. 

Seeking Mediation and Arbitration in Rental Disputes

In rental disputes, mediation, and arbitration is necessary as neither party would have an in-depth level of knowledge about Dubai property law. 

While a lawyer is the go-to person for resolving high-level rental disputes in Dubai, tenants and landlords can also approach a real estate agent in the initial stages of drafting a rental agreement. As real estate agents have experience in rental disputes as well, they can guide both parties on how to effectively form a rental agreement and maintain a professional relationship in order to avoid disputes. 

Conclusion

Prevention is always better than cure. This is why, it is important to hire a RERA-accredited real estate agent who can help you not only obtain the house of your dreams but also safeguard your time and money by communicating with the landlord and ensuring that the rental agreement protects both parties. 

Whether you want to understand rental dispute resolution further or wish to rent a property in Dubai, get the answer to all your real estate queries with Engel & Völkers Dubai at +971 4 422 3500.