How do I handle a landlord’s case over an unfair rent increase and security deposit?

Make a counterclaim to renew.

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Greetings of the day,

Since you have already approached the Rental Dispute Center (RDC) and received confirmation that your rent remains the same, the landlord's demand for an increase beyond the RERA rental index and an additional security deposit is not enforceable.

Now that he has filed a case, you should attend the hearing in February with all relevant documents, including the RDC letter supporting your claim. The court will review the case based on the rental laws and RERA guidelines.

Best Regards,

Sara Al Saedi Advocates and Legal consultants

Dear Questioner,

Thank you for sharing the details of your situation!

I understand that you are facing a challenging issue with your landlord regarding the rent increase, security deposit, and a case that has been filed against you.

1. Rent Increase Dispute

According to UAE law, particularly under Law No. 26 of 2007 (Rent Law in Dubai), landlords are not allowed to increase rent beyond the Rental Index set by the Real Estate Regulatory Agency (RERA). The landlord’s rent increase demand exceeds the rental index, which is not in line with the law.

Since the RDC (Rental Dispute Center) issued a letter confirming that your rent will remain the same, this decision is legally binding unless your landlord successfully challenges it in court. This provides strong evidence to support your case.

2. Security Deposit and 10% Increase

The landlord's demand for a 10% increase in the security deposit is illegal if there is no prior agreement that supports this increase. Typically, the security deposit should not exceed 5% of the annual rent, unless specified otherwise in the lease agreement.

Additionally, requesting four cheques is also not a requirement unless explicitly agreed upon in the original lease or contract. As such, the landlord's insistence on this condition is unreasonable.

3. Landlord's Request for You to Leave

If the landlord is forcing you to leave the property without a valid reason, this could be seen as illegal eviction.

Your right to stay in the property is protected unless the landlord can prove a valid cause for eviction under the law, such as non-payment of rent, breach of contract, or the need to occupy the property for personal use.

Your complaint to the RDC and the fact that the RDC has upheld the existing rent terms indicate that there is no valid cause for eviction.

4. Steps Moving Forward

a. Prepare for the Hearing:

The case will be heard in February, and it is essential that you present all relevant documents to the court. These include:

- The letter from RDC confirming that the rent remains unchanged.

- A copy of the original lease agreement and any correspondence that proves your rejection of the illegal demands (increased security deposit and rent).

- Evidence of payment history to show that you have been meeting your rental obligations.

b. Claiming the Rent Increase is Invalid:

Since the landlord's rent increase exceeds the limits of the Rental Index, you can present this information to the court and argue that the landlord's demand is unlawful.

c. Dispute of Security Deposit and Cheques:

You should also present the evidence that the landlord’s request for a 10% security deposit and payment by 4 cheques is not supported by the lease agreement or any relevant laws.

d. Filing a Counterclaim:

If necessary, you could also consider filing a counterclaim for unlawful eviction attempts, should the landlord persist in forcing you out without legal grounds.

5. Possible Outcomes

- RDC or Court Decision:

If the case goes to court, the judge will review all the facts, including the rental index, the security deposit demand, and the validity of eviction. Given the RDC's ruling, you have a strong case to avoid the rent increase and to maintain the original terms of the lease.

- Settlement Option:

Depending on the circumstances, you may also wish to consider negotiating a settlement with the landlord, especially if both parties are willing to avoid a lengthy legal process. However, you should never agree to conditions that violate your rights under the law.

6. Conclusion

You have a strong case against the illegal rent increase and unlawful security deposit demand.

You should present all relevant documents at the hearing, including the RDC letter and any communication with the landlord.

If the landlord attempts to force you out without valid legal grounds, this could constitute illegal eviction.

If you require further assistance in preparing for the hearing, including gathering evidence or drafting a response, I’m happy to assist you.

Best regards,

Mohammed Salah

Legal Consultant

Hello,

The landlord’s demand for a 10% increase in rent and an additional 10% security deposit is not valid if it exceeds the rental index set by the Dubai Land Department (DLD).

According to UAE rental laws, rental increases cannot exceed the limits stated in the rental index, which is usually published annually.

If the rental increase exceeds the rental index, the landlord's request for an increase may not be enforceable.

The landlord cannot force you to leave the property without a legal reason. For example, if your lease has not expired or there is no significant breach of contract on your part, the landlord cannot simply terminate your tenancy.

For further assistance, kindly share your WhatsApp number.

Dear Client,

Thanks for your question! I hope you are doing well. I will assist you in this matter.

Your landlord’s actions violate Dubai’s rental laws. Rent increases must follow RERA’s index, and demanding an extra 10% security deposit is illegal unless specified in the original contract.

Forced eviction requires valid grounds and 12 months’ notice. The RDC’s decision to keep your rent unchanged is binding unless overturned in court.

Prepare for the hearing by gathering your tenancy contract, RDC letter, payment proofs, and communication records.

Highlight the illegal rent increase, unauthorized deposit demand, and lack of valid eviction grounds. Consult a lawyer to strengthen your case and continue paying the original rent to avoid disputes.

You can contact us via WhatsApp for further clarification or additional support. We are dedicated to providing professional, timely, and comprehensive assistance tailored to your situation.

Thank you!

ABDUL WAHIED

1. Attend the hearing in February with all supporting documents, especially the previous RDC decision.

2. Commit to paying the rent on time to avoid any additional legal claims against you.

3. If the landlord continues to impose illegal conditions, you can file a new complaint with the RDC to seek compensation for the illegal practices.

Wishing you a pleasant day ahead,

Since you have already obtained an official ruling from the Rental Dispute Center (RDC) stating that your rent will remain the same, your landlord cannot unilaterally impose a higher rent increase, additional security deposit, or specific payment terms beyond what is legally permissible.

The landlord filing a case against you does not automatically mean he will succeed, as the RDC has already ruled in your favor.

You should prepare for the hearing by gathering all relevant documents, including the RDC decision, your existing tenancy contract, payment records, and any communication with the landlord.

If you need legal assistance in defending your case and ensuring your rights are upheld, we can provide you with professional legal support.

According to UAE law, if your request is rejected by the Real Estate Dispute Center (RDC) and the landlord files a case against you, the court will review the case and issue a judgment based on the circumstances.

You can contact us via WhatsApp for the necessary legal support, as we specialize in these cases and provide appropriate advice.

Greetings,

You have to state the facts before the committee. Any amendment to the terms and conditions shall be in line with the provisions of the law, especially Section 14 of the law.

As for the security deposit, it should have been agreed upon at the beginning of the tenancy contract and shall not increase annually.

Best Regards,