How long does the RDC take to decide on an illegal sublease dispute?

Dear Questioner,

Good morning!

Since a notarized legal notice regarding non-renewal was served to the tenant, it strengthens your position.

Regarding your questions:

1. The timeframe for an RDC decision varies based on case complexity and hearing schedules, but eviction cases typically take 3 - 4 months. You may request expedited proceedings due to unauthorized subleasing.

2. If the case extends beyond the contract expiry date, the clause stating "no renewal of tenancy contract" can be enforced, provided all legal notice requirements were met. However, the tenant may attempt to delay, so it is advisable to proceed with legal action promptly.

We can assist in expediting your case and ensuring the eviction process is handled correctly based on our extensive experience in such cases, helping you regain legal control over your apartment.

Kindly contact us for further support.

Hello,

If the RDC process extends beyond the original expiration date of the tenancy contract (or the agreed date of no renewal), the wording in the addendum you mentioned may still be enforced, as it clearly outlines the intent of the new landlord (you) to move into the apartment and not renew the contract.

In the UAE, the Rental Disputes Center (RDC) in Dubai handles landlord-tenant disputes. The time it takes to resolve a case can vary depending on the complexity of the case, the volume of cases, and whether the parties reach a settlement.

However, on average, RDC can take anywhere from 1 to 3 months to issue a decision after filing a lawsuit.

It depends on the system. Usually, it takes two weeks.

Yes, it's enforced.

There's no set timeframe for how long the Rental Dispute Center (RDC) will take to reach a decision. Many factors influence this, including the complexity of the case, the RDC's caseload, and the specific procedures followed.

It could take weeks or even months. Subletting without the landlord's consent is a serious breach of the tenancy contract and strengthens your case.

The wording of the addendum is very important. The phrase "no renewal...and the new landlord will be moving in" is generally favorable to you.

It indicates a clear intention not to renew. Even with this wording, the RDC has some discretion. They will consider all aspects of the case, including the tenant's arguments, any potential mitigating factors, and the applicable laws.

We will discuss the possibilities in detail. Kindly share your WhatsApp number to discuss this further.

Dear Inquirer,

Thank you for reaching out!

Q1: Decision Timeline by RDC

Once a lawsuit is filed with the Rental Dispute Center (RDC), the timeline for a decision varies based on case complexity. Typically, initial rulings take 30 to 60 days, but appeals or enforcement actions may extend the process.

Q2: Enforcement of “No Renewal” Clause

The explicit non-renewal clause in your tenancy addendum strengthens your position. However, if the legal process extends beyond the contract expiry date, you may need to take additional legal steps to enforce eviction. The RDC’s ruling will determine enforceability, so swift legal action is recommended.

To ensure proper legal handling and avoid delays, we recommend booking a consultation with us.

Best regards,

Thank you for reaching out regarding your tenant eviction and subleasing issue!

Below are responses to your questions based on Dubai rental laws and RDC procedures.

1. How Long Does the Rental Dispute Center (RDC) Take to Issue a Decision?

Filing a lawsuit at RDC for eviction due to unauthorized subleasing typically takes 30 to 60 days for an initial judgment, but it can take longer if the tenant appeals.

If the case is clear-cut, urgent cases can be expedited and decided faster.

If the tenant continues to sublease without consent, this is a valid ground for eviction under Article 25 of Dubai Rental Law.

Recommended Action:

- Proceed with filing the case immediately to avoid further delays.

- Request urgent case processing to ensure an early ruling.

2. Can the Tenant Be Forced to Vacate Based on the "No Renewal" Clause in Addendum?

Since the addendum states that no renewal is applicable, this should be legally enforceable. However, if the tenant refuses to vacate, you may still need to file an eviction case at RDC.

If the case is not resolved before the contract renewal date, the tenant cannot claim an automatic renewal, as the agreement clearly states that renewal is not applicable.

Legal Enforcement:

The addendum is a binding agreement, and the tenant is expected to vacate as per the agreed terms. If the tenant refuses to leave, RDC will uphold your right to evict them.

Next Steps & Legal Assistance

- Proceed with filing an eviction case ASAP due to unauthorized subleasing.

- Request an urgent ruling to avoid delays past the renewal date.

- If the tenant refuses to vacate, we can enforce the non-renewal clause through RDC.

Would you like us to handle the legal notice and RDC case filing on your behalf? Let us know, and we’ll proceed accordingly.

Best regards,

Omar Mosaad

Senior Legal Consultant

Thank you for reaching out with your questions regarding the tenancy contract and the actions taken by the tenant.

I understand how important this issue is for you, and I am happy to provide some clarity on your concerns.

Q1: The tenant subleased the apartment without consent and the landlord submitted a notarised legal notice. How long does RDC take to make a decision after filing a lawsuit?

The time it takes for the Rent Dispute Center (RDC) to make a decision after filing a lawsuit can vary depending on the complexity of the case and the caseload at the time.

Typically, RDC cases take between 1 to 3 months to reach a judgment, but this can be subject to delays based on the specifics of your case.

As this is a matter involving a violation of the tenancy contract, it’s crucial to follow through with all documentation and evidence to avoid unnecessary delays.

Q2: If the duration of the above action is longer than the date of contract renewal, would the wording of no contract renewal be enforced?

If the case extends beyond the renewal date of the tenancy contract, the wording in the addendum stating "no renewal of tenancy contract" will generally still be enforceable.

The clause indicating that the landlord plans to move in and terminate the lease at the expiration date is clear and binding, provided it has been properly documented and agreed upon by both parties.

However, it’s important to ensure that all legal procedures are followed, and I recommend having this reviewed in more detail with legal counsel to guarantee full enforcement.

To proceed with ensuring your interests are protected, I suggest scheduling a meeting to discuss your case further. I can help you navigate the process effectively and represent you in the legal proceedings.

Please don’t hesitate to reach out to me directly via WhatsApp or phone at [------------], or email me at [------------] to discuss this matter in more detail.

Best regards,

Suhail Rana

If a legal dispute over a tenant's unauthorized sublease extends beyond the contract renewal date, the addendum's language stating "No renewal of tenancy contract is applicable" remains enforceable.

This means that even if the dispute takes longer to resolve, the landlord can still refuse to renew the tenancy contract as stipulated in the addendum.

Dear Valued Client,

Thank you for bringing this complex property matter to our attention.

We appreciate the opportunity to address your concerns regarding your recently acquired apartment and the associated tenancy issues.

Based on the information provided, please find our professional assessment below:

1. Regarding the RDC Decision Timeline:

The Rental Dispute Center (RDC) process typically involves multiple stages:

a) Reconciliation Phase: Aims for amicable settlement within 15 days (extendable).

b) Court of First Instance: If reconciliation fails, hearings usually commence 1-2 weeks post-notice service.

c) Appeal Process: For claims exceeding AED 100,000, appeals must be filed within 15 days of judgment.

While exact timelines vary based on case complexity and court workload, the entire process may span several weeks to a few months.

2. Enforcement of Non-Renewal Clause:

a) The addendum stipulating "No renewal of tenancy contract is applicable" should be enforceable, given mutual agreement.

b) The unauthorized sublease constitutes a separate violation, providing grounds for eviction before contract expiry.

c) You may initiate eviction proceedings based on unauthorized subletting, potentially expediting the process.

It's important to note that while you have strong grounds for eviction, the RDC resolution timeline may extend beyond the contract's expiration date. In such a scenario, the non-renewal clause should remain enforceable.

Given the complexities involved, we strongly recommend seeking specialized legal counsel to ensure adherence to proper procedures and to maximize the effectiveness of your actions.

Should you require further clarification or assistance, please do not hesitate to contact us. We remain committed to supporting you through this process.

Respectfully,

Abdul Wahied