Dubai: Falling back on your rent can be the cause of a lot of stress, but what may make matters worse is the fear of not knowing what action your landlord may take as a result of the delay in payment. Can he or she evict you? Or disconnect your water and electricity supply?
To understand what Dubai’s rental law says about such cases, Gulf News spoke to Mohamed Rabih Nizam, Partner and Legal Consultant at Dubai-based law firm Hussain Lootah.
According to Nizam, Article 34 of Law No. (26) of the year 2007 Regulating Relation Between Lessors and Lessee Of Property in the Emirate of Dubai, protects tenants against any discontinuation of services by the landlord.
“As per Article No. 34, the landlord has no right to disconnect water or electricity supply, nor any other service that may prevent the full use of the property by the tenant, even if the latter failed to pay the rental installments,” Nizam said
He added: “In case of non-payment of rent, there are specific legal steps that may be taken by the landlord for recovery of the pending rental amounts, such as filing a case before the Rental Dispute Centre (RDC) for claiming the pending rental amount and requesting eviction of the tenant as stated in Article 25 of the same law.”
Article 25 of Law No. (26) of the year 2007 highlights seven instances where a tenant can get evicted before the expiry of the lease contract. Read here to find out all the seven reasons.
What action can the tenant take?
“In this situation, if the landlord does violate the law, the tenant can file an urgent case before the RDC and request them to oblige the landlord to reconnect the service and claim compensation for the incurred damages as stated in Article No. 34 of Law No. 26/2007,” Nizam said.
How do you file an urgent case with the RDC?
The Rental Dispute Centre is responsible for the settlement of all rental disputes arising between tenants and landlords over real estate located in Dubai. It is important to note that all the documents being submitted to RDC must be in Arabic, since it is the official language of the court. Find out how to get documents translated in Arabic here.
In emergency situations, where the essential services to a premises have been disconnected, the tenant can file a ‘petition order’, according to Dubai Land Department’s call centre - 800 4488. Once a petition order is filed, a judge will issue a decision in 24 hours, according to the call centre.
To file a petition order online, follow these steps:
1. Visit the DLD website here to start the service: https://dubailand.gov.ae/en/eservices/petition-order/#/
You will then be asked to create an account with the website or use your UAE Pass to login.
2. Submit the necessary documents and information
• A letter stating the reason for seeking a petition order.
• Latest copy of lease (Ejari) with Arabic translation.
• a copy of your Emirates ID
If the premises belongs to a company or establishment, you would need to submit the following documents:
• copy of manager’s Emirates ID
• latest copy of Commercial Licence
3. Pay the fees electronically
You will be asked to pay the following fees by credit/debit card:
• Dh20 for petition order
• Dh10 for knowledge and innovation fee.
• The applicant will be asked to pay 2.5 per cent of the annual rent. However this fee is upon request, if the case is inspected.
4. Receive the final decision online
Once the petition and the necessary documents are submitted, and the fees is paid, the judgement will be issued in by the Provisional and Urgent Affairs Judge. You will then receive the judge’s decision through the website.