أسئلة وأجوبة
Who should submit a dispute to RERA/RDSC if the rent increase is unlawful—the landlord or tenant?
Dear Lawyers,
My Dubai landlord is proposing a 9.52% rent increase, which I believe is unlawful. The current rent falls within the RERA rental index range, and no increase is permitted according to the index.
The landlord’s representative has been uncooperative in providing proof of a Power of Attorney (POA) or any justification for the proposed increase.
Questions:
1. Whose responsibility is it to submit a dispute to RERA/RDSC if the proposed rent increase is unlawful—the landlord's or the tenant's?
2. What evidence is required from the landlord (or their representative) to legally justify a rent increase that exceeds what RERA allows?
3. If the Ejari is not renewed due to a dispute at RDSC, will utilities (e.g., DEWA) and services be affected for the tenant?
Hello,
If your landlord is proposing a 9.52% rent increase, and you believe it is unlawful because your current rent is within the RERA rental index range and no increase is allowed, the burden of proof lies with the landlord.
As a tenant, you are not required to initiate any legal dispute. You should continue occupying the property and ensure that the rent is paid on time, as your tenancy contract is automatically renewed under the same terms and conditions by law.
If the landlord refuses to accept the rent after the contract ends, you may deposit the rent with the Rental Dispute Centre (RDC) to avoid any legal complications.
You can check the increase according to the RERA indicator. The owner must also send a 90-day legal notice.
There are many details we need to review, so contact us at [--------], and we will assist you.
Dear questioner,
The tenant can raise a dispute in the RDC, and we can submit all evidence, including WhatsApp communication and emails regarding the rental increase.
Kindly share your WhatsApp number so we can discuss this further.
Dear Questioner,
Thanks for your inquiry!
Regarding the above, we would like to inform you that:
1. It is the tenant's responsibility to submit a dispute to RERA/RDSC if they believe the proposed rent increase is unlawful.
2. The landlord (or their representative) must provide evidence that justifies the rent increase, such as proof of necessary repairs or renovations, or a valid reason for the increase based on market conditions.
3. If the Ejari is not renewed due to a dispute at RDSC, utilities and services may be affected for the tenant. It is important for the tenant to try to resolve the dispute as soon as possible to avoid any disruptions in services.
Kindly do not hesitate to contact us via phone or email for further guidance.
Greetings,
Dear Questioner,
If the proposed rent increase is unlawful, it is typically the tenant's responsibility to submit a dispute to the Rental Dispute Settlement Centre (RDSC).
The tenant needs to dispute the unjustified increase to ensure that RERA guidelines are followed.
- Evidence for Rent Increase:
The landlord or their representative must provide proof of compliance with the RERA rental index and a valid Power of Attorney (POA) if acting on behalf of the landlord. If the rent increase exceeds what is allowed, clear justification must be documented.
- Utilities and Services Impact:
If Ejari is not renewed due to a dispute, it may impact services such as DEWA (Dubai Electricity and Water Authority) and municipality-related issues. It is advisable to continue paying rent to ensure utilities and other services are not disrupted.
- Suggested Action:
If you feel that the increase is unlawful, file a complaint with RDSC. Ensure that you document all communications, including your request for the POA and the response from the landlord’s representative.
Dear Questioner,
1. Normally, if the tenant is not accepting the rent increase, the landlord will not renew the contract. In order to get the tenancy contract renewed, the tenant should file a case to accept the renewal with the same rent.
2. The tenant can submit the notification sent by the landlord regarding the rent increase, along with the prevailing rental index, which mentions no change.
3. No change will be applicable to the tenant. The contract will be renewed with the same terms and conditions.
If you need further clarification, kindly share your WhatsApp number. We will discuss procedures in detail.
It is primarily the tenant’s responsibility to submit a dispute regarding unlawful rent increases.
The landlord must provide proof of POA and justification for any proposed increases beyond what RERA allows.
A lapse in Ejari renewal due to disputes can lead to interruptions in utilities and services.
