Questions & Answers
The invoice submitted after an apartment eviction is not accepted. What can a tenant do?
To whom this may concern,
Recently, I have an issue with our agent when we left the property. We rented the property for two years and we gave the security deposit. We have moved out of the place because the agent increased the rent by more than the RERA calculation.
Now, almost 1 month already had passed and we still have not received the security deposit. The agent gave us the invoice which includes; the A/C service of the apartment, and the supply and replacement of the water heater with pipes (plumbing work).
All other costs are okay such as re-painting and replacing hinges. But the first two are unacceptable from my point of view.
Are we allowed to submit a dispute with the landlord, if the agent will not give the security deposit back, should we file a complaint?
Kindly need your expert advice!
Thank you and regards,
Dear questioner,
We suggest you read your tenancy agreement firsthand and focus on any clauses regarding the details of the security deposit.
Article 20 of Law No. 26 of 2007 sets forth that the landlord must refund the security deposit to the tenant upon the tenant's vacancy of the unit.
A deposit is to be withheld by the landlord in the event that the tenant has damaged the property or part of the property, failed to pay rent, loss of keys, or repairs that are not usual wear and tear.
However, the landlord may not use the security deposit to repair something not resulting from the fault of the tenant.
You may submit a formal complaint to the Dubai Rental Dispute Centre (RDC) of the Real Estate Regulatory Agency (RERA).
The arbitration will first try and solve the issue within 15 days but if that fails, then you will have to file a lawsuit against the landlord. The fees for the formal complaint are 3.5% of the property's yearly rent.
You may serve them with a legal letter/notice before filing a lawsuit to avoid unnecessary expenses and save time, then rely on the lawsuit as a last option.
Should you have any further questions, don't hesitate to contact us or book a consultation meeting.
Regards,
KHA Advocates
