أسئلة وأجوبة
We won the case with the RDC to evict the tenant. What happens after waiting the cooling period?
We won the case with the RDC that the tenant has to evict the property. We are told there is a cooling period before they say the date he has to leave.
How long is the cooling period he can appeal and then what happens next if he appeals and if he doesn't?
He was served the one-year notice and then refused to leave, hence the case we raised with RDC and won.
Thank you
Thank you for reaching out.
Regarding the cooling-off period after winning the case with the RDC, typically, a tenant has 15 days from the date of the judgment to file an appeal if they wish to challenge the ruling.
If the tenant decides to appeal, the enforcement of the eviction will be temporarily suspended until the appeal is resolved.
If the appeal is unsuccessful, the tenant will be required to vacate the property as per the RDC’s ruling, and the court will issue an execution order to enforce the eviction.
If the tenant does not appeal within the given period, the judgment becomes final, and the next step is the issuance of an execution order for eviction.
The tenant will then have to vacate the property by the deadline set by the court, and failure to comply can result in further legal enforcement.
Given your situation, it would be important to keep track of the appeal deadline. If you need further assistance with the execution process or any additional legal steps, I am available to discuss and guide you through the next stages.
Feel free to reach out to me on WhatsApp or by phone, and I’ll be happy to assist you further.
Best regards,
Suhail Rana
Subject: Clarification on Cooling Period and Next Steps After Winning Eviction Case
Dear questioner,
Thank you for your inquiry regarding the eviction case you won at the Rental Dispute Centre (RDC). Below are the details addressing your questions:
Cooling Period and Appeal
After the RDC issues a judgment in favor of eviction, there is a 15-day cooling period during which the tenant has the right to appeal the decision.
This period begins from the date the judgment is issued or, if the tenant was not present during the proceedings, from the date they are officially notified of the judgment.
If the Tenant Appeals
- If the tenant files an appeal within this period, the case will be reviewed by the Appeal Department of the RDC. This department consists of a committee led by a judge and two members with expertise in real estate matters.
- The appeal process may delay enforcement of the eviction order until a final judgment is issued. If the Appeal Department upholds the original decision, it becomes final and binding.
If the Tenant Does Not Appeal
- If no appeal is filed within 15 days, the judgment becomes final. You can then apply to the Execution Department of RDC to enforce the eviction.
- The Execution Department will coordinate with Dubai Police to schedule an eviction date and carry out the handover process.
Next Steps
1. Monitor whether an appeal is filed during the cooling period.
2. If no appeal is made, submit a request to RDC's Execution Department for eviction enforcement.
3. If an appeal is filed, work closely with your legal representative to address it effectively.
Should you require further assistance or legal advice regarding this matter, please feel free to reach out.
Best regards,
ABDUL WAHIED
According to Article 161 of the UAE Civil Procedure Law, there is a 30-day cooling period after the court's decision is issued.
During this period, the tenant has the right to appeal the decision.
If the tenant does not appeal within this period, the decision becomes final and the tenant must comply with the court's order to vacate the property.
Dear Inquirer
We are pleased to serve you and address your inquiries.
The opponent may appeal the ruling within 15 days from the date of issuance of the ruling in his presence, or if the ruling was in absentia, from the date of notification of it to him.
contact us via email or call our offices in Dubai or Sharjah.
Jasim Al Haddad Advocates & Legal Consultants
Hello!
The cooling-off period typically refers to the time during which the tenant can appeal the ruling i.e. 12-15 days.
If the tenant appeals, the case may go to a higher court, which could delay the eviction process further.
If the tenant does not appeal within the cooling-off period, the eviction order becomes final, and they will be required to leave the property by the specified date.
Kindly reach out by phone for further clarifications.
Badr Legal Consultants
Dear Questioner,
Thank you for your inquiry.
Regarding the recent decision from the Rental Disputes Center (RDC) where you won the case and the tenant is required to vacate the property, I would like to clarify the next steps and the cooling-off period:
1. Cooling-Off Period (Appeal Period):
After the RDC’s ruling, the tenant has a 30-day cooling-off period during which they can file an appeal.
This period begins from the date the RDC decision is issued. During this time, the tenant has the right to challenge the ruling in the Court of First Instance (or relevant court).
2. If the Tenant Appeals:
If the tenant files an appeal within 30 days, the case will be reviewed by the court, which may either:
- Uphold the RDC’s decision (tenant must vacate the property), or
- Modify the decision or provide other relief to the tenant,
The appeal may delay the eviction process while the court reviews the case.
3. If the Tenant Does Not Appeal:
If the tenant does not file an appeal within the 30-day period, the eviction order becomes final, and the tenant will be required to vacate the property.
You can proceed with the execution of the eviction by requesting assistance from the relevant authorities (e.g., Dubai Police or Real Estate Regulatory Agency).
Next Steps for You:
If No Appeal: If the tenant does not appeal within the 30-day cooling-off period, you can initiate the eviction process through the enforcement authorities.
If Appeal is Filed: If the tenant appeals, we will need to wait for the appellate court’s decision, and the eviction process may be delayed.
Please feel free to contact me if you need further clarification or if you wish to proceed with enforcement in the event that the cooling-off period expires without an appeal.
Best regards,
Mohammed Salah
Legal Consultant
Hello,
The other party has 15 days from the date of the judgment to appeal. If they do not appeal within this period, you can immediately open an execution file after the 15 days expire.
Once the execution file is opened, the system will automatically set a date for the eviction.
If you prefer to have a direct discussion, please let me know, and I will guide you on how we may proceed.
Alternatively, if you require further clarification, you may kindly share your WhatsApp number here so that I can provide more detailed assistance.
After the RDC issues a judgment, the tenant typically has a period of 15 days to file an appeal. This is the cooling period you're referring to, during which the judgment isn't immediately executed.
Once the 15-day appeal period expires, and if no appeal has been filed, the RDC judgment becomes final. The landlord can then proceed with the execution of the judgment.
This involves going to the RDC's Execution Department to initiate the procedures for enforcing the eviction.
We will let you know the procedures in detail. Kindly share your WhatsApp number to discuss this further.
