Q: Hello, I have filed a dispute in the RDC against a tenant for non-payment of rent. The judgment was in my favor and was approved. The tenant filed an appeal, but it was rejected by the higher court. My question is: now that I have filed for enforcement of the judgment, is there a possibility that the tenant or their lawyer will file another appeal, dispute the eviction, or ask for a stay? Appreciate your advice and guidance!

Q: I have served my tenant a legal notice and won the cases in the first instance and appeal in Dubai's RDC court. I requested enforcement and the tenant has requested reconsideration just 3 days before the eviction date. The judge accepted to give the tenant an additional one more month to vacate, exactly on the eviction day. I am afraid that this is not the end of the process as the tenant is paying very low rent and wants to stay in the property as long as possible by making the process as long as possible. The question is how can I stop him to do so?

Q: Dear Sir/Madam, I got a favorable judgment in a tenancy case where my tenant has been asked to move out and pay all fees and expenses. It does not specify a date. I understand that the tenant can appeal within 15 days. Should he not appeal, within how much time should he move? If he still does not move, then what should I do? While fees refer to court fees, do lawyer fees and incidental expenses form a part of the expenses?

Q: Dear Sir/Madam, We won an eviction case and appeal against a tenant. We filed for execution, and the tenant has filed a reconsideration case. The eviction date is 12th Feb, and the hearing date for the reconsideration case is 7th Mar. 1) Can the eviction happen on 12th Feb despite the reconsideration case? 2) Is our final right of eviction of the tenant based on the judgment of the Reconsideration case? If so, can we request an earlier hearing date for it? The tenant fraudulently kept us away from the court proceedings in an offer to deposit case he filed before the eviction case and got a favorable judgment. His basis is that he already has a judgment for an extension of Ejari which precedes the eviction judgment (i.e., an argument of Res Judicata). The court recognizes our reply that the argument doesn't apply as the cause of action of both judgments is different. The tenant has already extended his stay in the property by 8 months this year (post end date of Ejari) and has not paid rent either. We served a 12-month legal vacating notice for sale as per law. How can we evict him at the earliest?

Q: Dear Sir/Madam, I have an eviction order for my tenant from the court, and the execution of judgment states that the tenant needs to hand over the premises on February 12th, Monday. I went by the house today, and it does not seem as though he is planning to move. I wanted to know what happens when he overstays. What action will the eviction officer undertake on the 12th if he has not moved? What are the options of enforcement available for the eviction officer?

Q: Hello I currently have an ongoing case for the non-payment of rent against my tenant. The initial judgment was in my favor but the tenant appealed the decision. However, the tenant uploaded the documents after the session had begun and I was not able to view the documents. The judgment is now postponed but there are fallacies in the documents uploaded by the tenant that I would like to submit in my memorandum to the RDC. I would like to know if there is any way to contact the RDC to upload my memorandum as it is crucial to the case. Secondly, in case the judgment is unfavorable, is there any way to reopen the case after the appeal judgment? Thanks

An interview-format article covering the topic of residential retail properties pertaining to the liability for property maintenance and the repercussions of defaulting on rent payments in the UAE. This is from the legal podcast of lawyer Ludmila Yamalova, the founder of Lawgical with LYLAW.

The relationship between tenants and landlords is regulated in Dubai by Law No. 33 of 2008 Concerning the Relationship Between Landlords and Tenants in the Emirate of Dubai. The arising rental disputes are referred to Rental Disputes Settlement Centre (“RDSC”) created by Decree No. 26 of 2013 to reconcile between the parties and reach an amicable settlement or seek a final judgment issued and enforced by the RDSC.

Provisions of this Law supersede articles (2), (3), (4), (9), (13), (14), (15), (25), (26), (29), and (36) of Law No. (26) of 2007 Regulating the Relationship between Landlords and Tenants in the Emirate of Dubai. 

The provisions of this Law apply to real property leased out in the Emirate of Dubai, including vacant and agricultural lands, but excluding hotel establishments and real property provided by natural or legal persons as accommodation to their employees at no charge.

This Decree establishes a specialised judicial system to hear rent disputes and develops the procedure for determination of such disputes through an expeditious and simple process for the purpose of realising social and economic stability for all persons involved with the real property rental and other related sectors.