Question: I rent a two-bedroom apartment for Dh45,000 ($12,253) per
year. Sadly, my landlord passed away and his properties are now managed by a
rental company. They informed me that my rent will increase to Dh65,000 next
year, which is a 46 percent hike. Is this legal?
Answer: Before addressing your query, I need more clarity. By
"expired," do you mean your landlord passed away, or is he still the
owner while a rental company manages the property? Does this company have the
legal authority to act on his behalf? It’s important to verify their
authorization to handle his properties.
Regardless, there are specific protocols for increasing rent. Any rent
change must be communicated in writing (email suffices), with at least 90 days'
notice. Rent increases must align with the Real Estate Regulatory Agency's
rental calculator; they can't simply be decided by the landlord or managing
company. Legally, rent can only be increased by a maximum of 20 percent per
year, and this is only permissible if the rental calculator or Decree 43 of
2013 supports the increase. Therefore, the rental company’s requested increase
appears to exceed legal limits.
Question: I leased my apartment for Dh75,000 in 2019. During the
pandemic, my tenant pressured me to lower the rent to Dh50,000, and I agreed
due to personal distress. I decided not to renew his lease later, but he
managed to legally renew it at Dh50,000 through Rera. He now wants to renew at
Dh55,000, but I’ve requested Dh68,000 because he hasn't paid for chiller
services, leaving arrears of Dh100,000. He also hasn’t paid a Dh4,000 Dubai
Electricity and Water Authority bill. He has damaged the apartment, denied me
access, and refused to provide his visa page for me to contact his employer. He
has also sub-let the parking space. How can I proceed with filing a rental
dispute?
Answer: Given that your tenant has exploited your vulnerabilities, it
would be advisable to take this matter to the Rental Dispute Settlement
Committee. You have the option to file a case either online or in person.
Filing online is straightforward, but visiting the committee in person at the
Land Department in Deira might be better if you have questions. Filing a case
incurs a fee of 3.5 percent of the annual rent, which might be reimbursed if
you prevail. For online filing, visit the Dubai Land Department website or
download the Dubai Rest app, navigate to the rent dispute resolution portal,
provide the necessary details, upload the required documents, and pay the fees.
If you choose to visit in person, you will find typing and translation services
available, as documents must be in Arabic. The staff there can offer further
assistance.
