Renting a home to settle in would be one of the greatest options, if you plan to reside somewhere like Dubai, United Arab Emirates. Dubai has plenty to offer for everyone interested, from apartments to the finest modern homes and villas. The relationship between tenants and landlords starts when they rent a place to reside. A disagreement between the landlord and the tenant happens when one of the parties’ breaches one of the contract’s clauses, such as the payment of rent. In the UAE, rental disputes, particularly those brought on by unpaid rent, are highly frequent and are typically settled between tenants and landlords.
The Rental Disputes Settlement Centre (RDSC) was established by Decree No. 26 of 2013 Concerning Rent Disputes Resolution Centre in the Emirate of Dubai and is the authority that receives applications regarding rental disputes. The Tenancy Law, or Law No. 33 of 2008, regulates relationships between landlords and tenants in the Emirate of Dubai.
In the case that either the tenant or the landlord wishes to submit a claim related to the tenancy relationship due to an arising dispute, the claimant should provide RDSC with a statement of claim and the following documents:
- The passport and the Emirates ID of the claimant
- A copy of the defendant’s passport, Emirates ID, and/or business license.
- Supporting documentation that can be utilised as evidence in the proceedings (e.g., Statement of Account, Rental Deposit Slips, copies of the cheques issued to the landlord)
- Copies of all correspondence between the claimant and the defendant regarding the dispute
- the copy of the leasing contract
- A copy of the title deed or the Dubai Land Department’s affection plan that relates to the leased property.
- The Ejari Registration Number or the DEWA Premise Number
- Any other relevant documentations which may support the claim
3.5% of the leased property’s yearly rent is required to be paid when filing a lawsuit with RDSC. In all circumstances, the fees for financial claims should start at AED 500 and not exceed AED 15,000. When it comes to an eviction suit or a renewal of the lease contract, the charges might reach AED 20,000. Furthermore, it is possible that both aforementioned cases may be sought; whereby, the charge would be AED 35,000 at maximum.
The Rental Disputes Resolution Center is generally said to offer a prompt service, guaranteeing that both the landlord and the renter are heard and that neither party is held accountable for the other’s actions.
According to Article 25 (1) of the Dubai Tenancy Law, a landlord may demand that a tenant be evicted before the end of their lease under the following situations:
- Unless otherwise stipulated, the tenant failed to pay the rent within 30 days of receiving a payment notification.
- Without the landlord’s express permission, the tenant sublets the apartment.
- The tenant uses or permits others to utilize the property for improper or unlawful purposes.
- The tenant puts the property’s security at risk by damaging it wilfully, carelessly, or by allowing others to do so.
- According to a technical analysis, the property is in danger of collapsing.
- The tenant uses the property for a use that is not authorized or breaches building codes.
- After receiving a remedy notice, the tenant disregards their legal or contractual commitments within 30 days.
- The property needs demolition by a government authority.
- In Dubai, a landlord cannot evict a tenant after the rental period has ended unless the reason for removal falls under the specified conditions stated in Article 25(2) of the Dubai Tenancy Law. When a tenant’s lease expires, a landlord may request their eviction under the following circumstances:
- The property must be demolished and rebuilt in line with government regulations due to development restrictions in the Emirate.
- The property’s owner desires to have it demolished.
- The property needs major repairs or renovations that can’t be made while the renter is still residing there.
- The landlord or the next of kin needs the property for their own personal purposes.
Irrespective of what the reason for eviction is, the landlord must provide the tenant with the grounds for eviction at least ninety (90) days before the rental agreement expires. According to the legislation, this is the allotted time frame for providing an eviction notice.
Whereby the eviction of the tenant from the property is for the personal use, Article 26 (2) of the Tenancy Code forbids the landlord from renting the property to a third party for a period of two (2) years. Furthermore, unless the RDC decides on a shorter timeframe, a landlord cannot rent out a non-residential property before three (3) years has passed.
The tenant may also ask the RDC to award compensation if the landlord explicitly violates Article 26 (2) by renting the property within the constrained time limit.
Eviction rights are significant whether you’re a landlord or a tenant. Therefore, it is highly important that the specified eviction notice period is abided by.
With regards to owners;
- The tenant must get a 12-month notice from the landlord prior to the date of eviction by registered mail or through a Notary Public.
- A 24-hour notice is required if the landlord wishes to conduct prospective viewings to sell the property (should be defined in the rental agreement).
With regards to tenants;
- The maximum amount of time that the renter must give before the contract expires in order to quit or change conditions is 90 days (not a law).