How to file a rental dispute case in Dubai

Having a tussle with your landlord? Here are your rights as a tenant in Dubai and how to file a rental dispute case

13 Jun 2019, words by Aneesha Rai in The Guides

Rental contract

Most of the times when you rent a property in Dubai, you usually won't come across any issues with your landlord, because the rights are very clearly explained by the Dubai Land Department and outlined in your tenancy contract. As a tenant, you should know your rights and the landlord rights first, before finding yourself in an area of conflict. If you find yourself at loggerheads with your landlord despite multiple attempts, here's how to find a rental dispute case:

How to file a rental dispute case

The rule circling rental dispute cases indicate that you and your landlord need to try everything in your powers to resolve the issue. Because it involves a financial commitment of up to AED 20,000, it may be best to resolve this outside court. Also, it is important to keep in mind that in the case of a contract dispute, the Arabic version of the contract prevails over the English one. All disputes can be filed online after registering your account here and submitting an e-request. 

Once registered & with the successful submission of documents, an arbitration motion will follow, in an attempt to close with a settlement within 15 days. If the case is not resolved during this time period, you will need to file the lawsuit. If the dispute is usually resolved within 30 working days. If the claimant or defendant is not happy with the verdict, they can file an appeal, but the value of the tenancy contract should be above AED 100,000. All final judgments issued by both the First Instance and Appeal Department must be enforced before the execution department of the Centre. Once that happens, the judgements cannot be reversed.

Documents required to be uploaded electronically

1. Plaint detailing the reasons for lawsuit and summary of claims. 

2. A copy of the latest lease (Ejari). 

3. In the event of litigant being a natural person, s/he should attach a copy of her/his Emirates ID, and in the event of being a legal person/corporate body (company or establishment), copy of manager’s Emirates ID (stated so in the Commercial License) together with the latest copy of Commercial License. 

4. A copy of plot map or new Title Deed issued by Dubai Land Department. 

5. A copy of the certificate of ownership if the leased premises are located in Freehold areas. 

6. Personal data of the Plaintiff and Defendant (landline, mobile, email). 

7. Details of leased property, its type and Makani Number. 

8. A copy of the Landlord’s passport along with a residence visa (for expatriate) and Emirates ID. 

9. A copy of the Tenant’s passport along with the residence visa (for expatriate). 10. Proof stating contractual relationship between Lessor and leasing office; lease, management contract in force or Power of Attorney. 

11. A copy of inheritance certificate for heirs if (lessor) is deceased. 

12. A copy of Notarised Power of Attorney for a legal agent and Emirates ID. In the event of being a law firm, they must attach the Commercial License of the law firm and being its representative, should produce an authorization/POA from the law firm. 

13. A letter from the bank or bank statement mentioning the Plaintiff’s IBAN (International Bank Account Number). 

14. A copy of correspondence such as: notices, irregularities, electricity and water consumption bills, etc., (if applicable). 

15. A copy of “Offer and Deposit” receipt when claiming lease renewal (if any) 

16. A copy of Notarised Notice along with notification officer’s report or Registered Post along with receipt of Notice acknowledgement in case of eviction claim. 

17. All documents must be submitted in or translated legally into Arabic. 

No hard copies shall be entertained at the Rental Disputes Centre.

Costs involved

In order to file a rental dispute case, you will need to pay 3.5% of the annual rent of the property, upto a limit of AED 20,000. In addition to this, you will need to pay for translation fees to Arabic for which you will need to pay at least AED 500 up to AED 20,000. There are also additional administration costs to be considered, including the knowledge & innovation fees,.  If the suit includes additional claims, surcharges thereof shall be calculated according to the type of claims as well.

FIRST INSTANCE

This is the most common type of lawsuit to be filed and quite simply is used during the first time you are filing any claims in the first instance. There are two types of claims you can make: eviction & monetary claims. All of these instances require extra documentation.