Filing and Tracking a RERA 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 with 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

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.

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.

Know about rental dispute types in Dubai before you apply for a complaint.

HOW TO FILE A RERA RENTAL DISPUTE

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 that 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 for resolution. If you have made that decision, read on as we answer the question of how to file a rental dispute in Dubai.

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 documents 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.

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.

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 with 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 have the right to appeal within 15 days. However, an appeal in a rental dispute in Dubai 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

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.

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.’ Visit the RDC in Dubai 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.