Rent Alert: In which cases can your tenant be evicted

By Eudore R. Chand

Dubai’s Rental Disputes Center has no jurisdiction in free zones

DUBAI 20 September 2017: The landlord may claim for the eviction of a tenant and the termination of a rent contract if the property is used for a purpose other than stated in the lease, according to Dubai’s Rental Disputes Center (RDC).

Examples include if the tenant has subleased the property or if comprehensive maintenance, reconstruction or refurbishment is required.

Eviction claims may also be filed in accordance with the requirements of urban development in the Emirate, or for unlawful use that is in violation of public order or morals.

In these cases, the law allows the landlord to file for eviction prior to proceeding with the sale of the property.

This service allows clients who are in the process of evicting a property for sale to appeal to the primary committees before the appeals committees at the RDC.

The RDC does not deal with rental disputes that arise within free zones, as there are special judicial entities that settle disputes in these areas.

Nor does it interfere with rental disputes arising from financial leasing contracts or from long-term leases covered by the provisions of Law No. 7 of 2007.

“Since the beginning of 2017, we have received 4,436 lawsuits and 5,127 appeals. We have resolved 1,863 lawsuits and 326 appeals so far this year. Our Smart Judge application has also attracted a record number of users, with 3,544 now registered since its launch,” said Judge Abdulqader Mousa, Director of RDC.

Integrated System

Since its establishment in 2013, the Rental Disputes Center (RDC) has worked toward becoming the international reference point for resolving rental disputes via an integrated judicial system that is characterised by speed and accuracy, and supports sustainability.

In addition to settling rental disputes, the RDC also contributes to formulating proactive solutions that ensure the real estate sector is supported throughout every stage of its growth. To achieve this, the RDC’s team works with other legislative bodies and entities to develop plans and mechanisms that monitor market rhythm and respond to the expectations and needs of all parties in the sector.

Consideration of Disputes

The RDC is the judicial arm of Dubai Land Department and has the capacity to not only deal with disputes but also to develop new procedures for making decisions about them, with a focus on adopting efficient and simplified mechanisms. In light of its outstanding performance, the RDC plays an important role in stabilising the rental sector of Dubai’s real estate market, ultimately supporting the sustainable development of the Emirate.

In this respect, the RDC is dedicated to achieving the vision of the Emirate’s wise leadership, and makes significant contributions to establishing Dubai as the world’s favourite destination for living, working and visiting, while also attracting new investors by creating a safe, secure and highly attractive real estate environment that is governed by clear and transparent laws.

RDC

These laws define the duties and responsibilities of landlords and tenants alike, and ensure that all parties are aware of their rights. In addition to raising awareness among these parties, the RDC is specialised in adjudicating any rental disputes that may arise between them.

The RDC receives claims from various parties, as well as requests for temporary or urgent action from either party of the lease contract. It also adjudicates appeals made against decisions and judgments, in accordance with the provisions of the decree and the regulations issued thereunder. Following the settlement of rental disputes, the RDC is also responsible for implementing the decisions and judgments it has made.

Inclusiveness of Services

The RDC provides all legal services related to the real estate sector, including primary, appellate and eviction proceedings, provided that the tenant is not bound by the law or contract and has notified the landlord within thirty days.

The organisational structure of the RDC, across its judicial and administrative sectors, has enabled its responsibilities to be fully met. Its four departments – conciliation, primary, appellate and judgement execution – deal with RDC’s various responsibilities with a high level of efficiency and accuracy.