Resolving Disputes Between Landlords And Tenants
Resolving Disputes Between Landlords And Tenants
Ideally, when both parties fulfill their obligations and respect other party rights, they have few or no tenancy disputes at all. Moreover, they are capable to resolve any issues by mutual consent. Unfortunately, disputes occur with a landlord or a tenant to blame. Thus, the most common dispute cases are:
- Intentions of a tenant to terminate the contract before the expiry date;
- Landlord's desire to increase the rental value;
- Withholding a security deposit by a landlord;
- Noncompliance with the terms of the contract by the tenant;
As more than 70% of Dubai residents are tenants, the Government has established the Rental Dispute Center (RDC). This authority supervises landlord and tenant right and help to resolve disputes between them. However, we recommend trying to come to agreement at first and apply to the RDC only if you fail.
Dealing with disputes
So, if you fail to resolve any issues by mutual consent, you can file a complaint with the RDC. You can easily do it on-line by visiting RDC website. Your steps here are as follows:
- Create an account by registering on the RDC website. The procedure is free. You need to submit your Emirates ID, e-mail and mobile number.
- Using your RDC account file a case. On this step you need to accomplish following tasks:
- Enter your full name and current address;
- Specify your designation (landlord/tenant);
- Enter your Ejary;
- Attach a copy of your tenancy contract, title deed, issued cheques, and DEWA bills;
- Specify your case, revealing all necessary facts;
- Send your case for approval.
- After approval you will need to pay a fee of 3.5% of the annual rent (but no less than AED 250.00).
- Track your case and monitor it for the settlement.
If the RDC fails to settle the case amiably within 15 days, you need to file a lawsuit. The lawsuit must be resolved within 30 days. Note, both a landlord and tenant may appeal the sentence. However, after appeal proceeding the verdict is final and non-negotiable.
Eviction: What Renters Should Know
Tenancy legislation in Dubai is more than strict concerning eviction case. Law No. 33 of 2008 specifies the exact eviction cases so that prevent landlord tyranny and tenancy bad faith.
The cases that give the landlord right to evict his tenant due to tenant's fault are:
- More than 30-day overdue rent value payment after proper notification;
- Subleasing without landlord's approval;
- Using the property for activities that are outlawed moral or don't comply with moral codes;
- Using the property for the purpose other than specified in the contract;
- Damage to property, without the possibility of its restoration;
- Violation of tenancy contract conditions and obligations.
The cases that give the landlord right to evict his tenant based on landlord personal intentions are:
- Leased property sale;
- The need to transfer the leased property into his or his family facilities;
- Leased property reconstruction;
- The need to accomplish comprehensive renovation or reconstruction.
Thus, tenancy legislation protects both tenant and landlord rights. For example, a landlord can get rid of his unscrupulous tenants in 30 days. However, if eviction arises from landlord personal intentions, the landlord has no rights to evict him prior the contract expiry date. He must notify his tenant in written at least one year before the set date. Moreover, if a landlord evicts his tenant due to his/his family move-in, he shall not rent the property out for two years.
Landlord obligations and rights
Renting out residential or commercial property imposes certain obligations on a landlord related to:
- Handover conditions;
- Maintenance and repairs;
- Changes in the leased property and utilities;
- Security deposit refund.
First, a landlord must hand over the property his to his tenant in appropriate condition. To clarify, it must be cleaned, painted, and have all facilities needed for staying in.
Second, a landlord must keep the property the way it meets building codes as well as plumbing, cooling, and other essential needs. However, this clause typically includes only major repairs. More about landlords maintenance responsibilities in Dubai you can read in one of our previous posts.
Third, the Law No. 26 of 2007 forbids a landlord to make any changes in the leased property that worsen his tenant stay-in conditions. For example, a landlord can't switch off utilities even if a tenant overdue his rent.
At last, a landlord must refund the security deposit to his tenants. This must be done at the end of tenant stay providing they comply with contract terms.
As for landlord rights, it includes his right to:
- Charge rents and increasing it on certain conditions;
- Get the leased property back in its original condition;
- Collect a security deposit and withhold it on certain conditions;
- Evict tenants on certain conditions.
First, a landlord may get rents in advance at least for three months. Moreover, he can increase rent value if it complies with rental cap provided by the Real Estate Regulatory Authority (RERA).
Second, as a landlord is still an owner of the leased property, he has right to claim it being not damaged and without any changes in its construction or design.
Third, a landlord may take security deposit as a guarantee of execution of obligation by his tenant. If a tenant damages the property of refuse to return it to its initial state, a landlord may use the deposit to cover his expenses.
At last, every property owner may evict his tenants in the cases we mentioned earlier in this post.
So, here we discussed common issues concerning to resolving tenancy disputes, eviction, and landlord rights and obligations. As a reputable property management company BSO is good at preventing disputes between our clients and their tenants and assist in resolving it if any. Thus, if you choose us, you can be sure we do our best to manage your property and protect your rights. Contact us for more information and make the right choice.
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