HOW TO FILE AND TRACK A AREA RENTAL DISPUTE WITH RDC DUBAI

Samira Kh
UAE, UAE GUIDE
July 25, 2024
Dubai Real Estate How To File And Track A Area Rental Dispute With Rdc Dubai
Disputes between landlords and tenants are a worldwide phenomenon. Quick and adequate resolution of such disputes promotes a healthy rental market. Rental disputes with RERA in Dubai are filed at and dealt with by the rent dispute settlement forums. If you have a tenancy dispute that has gone beyond ordinary means of resolution, here is a guide on how to file rental disputes in Dubai.

WHEN TO FILE FOR RENTAL DISPUTES WITH RERA IN DUBAI?

Despite the Dubai Land Department putting several systems in place to facilitate tenants, landlords, buyers and sellers, disputes do arise in some situations, in the form of disagreements and violations of contractual rights.

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In the first instance, it is better to think of finding a mutually beneficial solution for all parties involved. However, you might find yourself in a situation where all modes of communication and reasoning with the other party have been exhausted. This is when you need to file a RERA rental dispute in Dubai.

This forum specialises in the smooth resolution of disputes arising between tenants and landlords in Dubai for various reasons that include, but aren’t limited to:

  • Failure to pay rent on the part of the tenant
  • Unfair increase in rent on the part of the landlord
  • Tenant resistance to vacating the property in due time
  • Landlords severing essential services to force tenant eviction
  • Disagreement over security deposit refund

The Rent Disputes Resolution Centre, under the supervision of the Real Estate Regulatory Agency (RERA), has jurisdiction over all rental disputes in Dubai, except:

  • Financial lease contracts
  • Rent dispute cases arising in Dubai-free zones like DMCC, JAFZA and TECOM.
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HOW TO FILE A RERA RENTAL DISPUTE IN DUBAI

Tenants and landlords can file a rental dispute case at the Rental Dispute Resolution Centre (RDC). Let’s find out how tenants can lodge a complaint against the landlord.

Be mindful that the same steps apply in case a landlord needs external help to settle the dispute(s) with their tenants.

STEP 1: FAMILIARISE YOURSELF WITH THE RENTAL LAW IN DUBAI

It is important to familiarise yourself with the Dubai Tenancy Law before thinking of filing a rental dispute case in Dubai. The Dubai government has introduced strict laws to govern rental agreements in the city.

For example, when it comes to an increase in rent, the law dictates all landlords give a 90-day notice of their intention to increase the rent to their tenant(s). The increase must be according to RERA’s rent index, and the notice must be sent electronically or through a registered mailing service.

Knowing the RERA law is the first step towards proper dispute resolution, whether you’re a landlord or a tenant. Based on assumptions, you cannot simply file a rental dispute in Dubai at the Rental Dispute Centre. In instances where you do not understand the law properly, it’s best to seek legal counsel.

STEP 2: INFORM THE OTHER PARTY AND TRY TO NEGOTIATE A SOLUTION

Once you understand the laws that back your RERA complaint(s), informing the other party of your legal standing is best. For example, if you’ve determined that you’ve been charged an unfair rental increase, you should inform your landlord about the issue. Make sure you document all your correspondence with the other party.

If you cannot find a mutually acceptable resolution, filing a rental dispute complaint in Dubai is your next option. A RERA rent complaint can be filed at the rental dispute committee in Dubai.

The procedure for filing a rental dispute complaint in Dubai is relatively straightforward. However, one should remember that filing a rental dispute case in Dubai is not a rapid process.

Therefore, it is advisable to approach the Rental Dispute Centre Dubai as a last resort to resolution. If you have made that decision, read on as we answer the question of how to file a rental dispute in Dubai.

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STEP 3: GATHER THE DOCUMENTS YOU NEED TO FILE RDC DUBAI RERA RENTAL DISPUTE

You need the following documents to register a rental dispute at the RDC in Dubai.

  • Ejari tenancy contract and certificate
  • Latest DEWA bill
  • Title deed and passport of the landlord (original and copy)
  • Tenant’s passport and visa copy
  • Emirates ID (original and copy)
  • Rental deposit slips
  • Copies of cheques made to the landlord
  • Proof of correspondence between the parties
  • Any other supporting documents regarding the dispute

Some of these documents need to be translated into Arabic, so make sure to have that done before you visit the Rental Disputes Centre (RDC) in Deira. The typists at the Rental Disputes Centre also provide the translation service.

STEP 4: REGISTER A CASE ONLINE OR VISIT THE RENT DISPUTES RESOLUTION CENTRE (RDC)

Decree No. 26 of 2013 established the Rental Dispute Resolution Centre (RDC), which caters to and solves all sorts of rental disputes in Dubai. Once you have all the documents required to file a rental dispute case, visit the RDC Head Office at 10 3rd Street, Riggat Al Buteen, Deira.

You can present the document to the assigned RDC typist, who will complete your RERA complaint. The typist will inquire about your rental dispute and guide you on how to formalise the complaint and file your case.

Alternatively, you can file a rental dispute with RERA via the Rent Disputes Resolution portal. The procedure for filing a rental dispute complaint in Dubai is self-explanatory via the rent disputes resolution portal.

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STEP 5: THE CASE PROCEEDINGS

When you submit the necessary documents and register your case, the rental dispute in Dubai will first be transferred to the Arbitration Department, which will try to resolve the dispute within 15 days.

If the two parties agree, a settlement is documented, which has the force of a writ of execution. If arbitration is unsuccessful, you must file a lawsuit for your RERA complaint. The timeline to receive a ruling on the lawsuit is 30 days.

 
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If a lawsuit is filed, RERA will allot you a date and time to present the rental dispute case. The hearing may take a few hours, depending on how many cases are dealt during the day.

If the bench concludes that your rental dispute case in Dubai is not substantial or you do not have sufficient evidence, you may have to appear for another hearing. The losing party does hold the right to appeal within 15 days. However, a rental dispute in Dubai appeal is possible in disputes greater than AED 50k.

To take it to the Court of Cassation, the case’s value must be at least AED 330k. The appeal can be filed within 30 days of the final judgment.

This process can take weeks or even months to resolve. This is why tenants and landlords must analyse all the possibilities and details before filing a dispute case with RERA in Dubai. 

HOW TO TRACK YOUR RERA RENTAL DISPUTE IN DUBAI

Visit the official Dubai Land Department’s website to track your RDC RERA rental dispute in Dubai. The tracking service is free to use. All you need to do is visit the DLD website and select RDC Track Your Case under the RDC tab. Enter the required information and you’ll get the recent status of your application.

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FAQS ABOUT RENTAL DISPUTES IN DUBAI

HOW MUCH WOULD BE THE RERA DISPUTE COST?

You will have to consider the following RERA dispute cost before complaining.

  • 3.5% of the annual rent (Not less than AED 500 and not more than AED 15,000)
  • The upper limit goes up to AED 20,000 in the evacuation cases and AED 35,000 if the case is both eviction and finance 
  • AED 25 for the power of attorney registration
  • AED 100 fee for process service
  • AED 10 knowledge fees
  • AED 10 innovation fees
  • AED 105 Fast Track notification

So, it could be said that RERA dispute cost can vary from case to case. You have to consider when appealing to the Rental Dispute Center Dubai.

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WHEN SHOULD I FILE A RENTAL DISPUTE WITH RERA FOR AN UNFAIR RENT INCREASE?

You can file a rental dispute case in Dubai at the RDC against the unfair increase in rent where:

  • The landlord has NOT served a 90-day notice of the increase
  • The notice was served but not via a registered mailing service
  • The increase was not in line with RERA’s rent index as defined in Decree No. 43 of 2013

The Dubai Land Department (DLD) has provided all residents with an effective and free-to-use RERA rent calculator that can be consulted during a rent increase.

Use the calculator to get an idea of how your property fares compared to similar units in the area. If the rent increase surpasses the limit outlined by the rent calculator, rental disputes in Dubai can be filed with RERA. A RERA complaint against landlord can resolve any dispute in a swift manner.

HOW MUCH CAN A LANDLORD INCREASE RENT IN DUBAI?

Decree No. 43 of 2013 explicitly states the maximum percentages by which a landlord can increase the rent. During the renewal of tenancy contracts in Dubai, a landlord can charge the maximum rent increases in Dubai.

  • Rent in Dubai can only be increased if the rent of a property unit is more than 10% below the market value.
  • If the rent is 11 to 20% less than the average rent of similar properties, the maximum rent increase will equal 5% of the rent value.
  • If a unit’s rental value is 21 to 30% less than the average rent for similar units, the maximum rent increase allowed is 10% of the rental value.
  • If the rent of a residential unit is 31 to 40% less, the maximum rent increase allowed is equal to 15% of the rental value.
  • The maximum rent increase applicable is 20% for residential units with rents less than 40% or more than the average rent of a similar unit.
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You can track your rental dispute case proceedings in Dubai via the official RDC Dubai “Track your case” portal.

CAN MY LANDLORD RE-LET MY APARTMENT/VILLA AFTER EVICTING ME?

This depends on the reason given at the time of eviction.

  • If the reason for eviction is selling the property, moving in himself/herself or next of kin of first degree, the landlord cannot rent it again for at least two years.
  • A landlord cannot evict a tenant to re-let the property to someone else for a higher rent. If they do this, a penalty will be imposed (Unless the previous tenant signs an NOC).

CAN I COMPLETE THE RERA COMPLIANT PROCEDURE DUBAI ONLINE?

Yes, RERA complaint procedure Dubai can be completed online.

HOW TO KNOW CASE STATUS IN DUBAI AFTER APPEALING VIA RENTAL DISPUTE RESOLUTION CENTRE (RDC)?

You can track your compliant status via the Dubai Land Department’s website.

WHAT IS THE RERA DUBAI COMPLAINTS CONTACT NUMBER?

For any queries you can call RERA Dubai complaints contact number 800-4488.

HOW DO I RESOLVE A RENTAL DISPUTE IN DUBAI?

You can try to talk to your landlord and find a mutally amicable solution. If this fails, you can file a compliant with the Rent Disputes Resolution Centre.

WHERE TO FILE COMPLIANT AGAINST LANDLORD IN DUBAI?

The simplest way is to file a compliant via the Rent Disputes Resolution portal. As discussed above, the RERA complaint against landlord process is straightforward and you are likely to resolve the issue in a swift manner.

That concludes this guide on rental disputes in Dubai. Now, you have the answer to the question ‘how to file rental disputes in Dubai with RERA.’ Dubai RERA complaint can be made to ensure you protect your rights.

Visit the Dubai Rental Dispute Centre website for more information or clarification on the steps mentioned here. If you have a serious grievance, it might be best to work with a rental dispute lawyer in Dubai.

Before renting an apartment, townhouse or villa in Dubai, know that all tenancy contracts must be registered with Ejari in Dubai.

You can register Ejari online to save any hassle in the future. First-time tenants should follow a step-by-step guide for renting in Dubai to avoid confusion.

Those concerned about rental tenure can weigh the benefits of short-term vs. long-term rentals in Dubai to determine which suits them better.