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If your landlord in Dubai has refused to return your security deposit, or has returned only part of it, Dubai tenancy law sets out both your rights and the official process for resolving the dispute. The body that handles these cases is the Rental Disputes Centre (RDC), which operates under the Dubai Land Department.
Under Law No. (26) of 2007 Regulating the Relationship between Landlords and Tenants in the Emirate of Dubai, Article 20 states that when entering into a lease contract, the landlord may collect a security deposit from the tenant to ensure maintenance of the property upon expiry of the lease. That same article states that the landlord undertakes to refund such deposit or the remainder thereof to the tenant upon the expiry of the lease contract.
Article 21 of the same law states that upon expiry of the lease, the tenant must surrender the property to the landlord in the same condition as it was received, except for ordinary wear and tear or damage due to reasons beyond the tenant's control. The law also states that in the event of a dispute between the two parties, the matter must be referred to the Tribunal.
The Rental Disputes Centre FAQ states that at the conclusion of the lease contract, the tenant has the right to reclaim their security deposit provided they return the leased property in the same condition as it was when initially received. It further states that after the contract's termination, the landlord is obligated to return this security deposit or the remaining portion thereof to the tenant.
The RDC FAQ also notes that comprehensive cleaning and painting of the interior walls upon the tenant's departure is typically the responsibility of the owner, as it is a customary practice and not the tenant's obligation.
The Rental Disputes Centre (RDC) is the official body that handles disputes between landlords and tenants in Dubai. The RDC FAQ confirms that it does not provide legal advice. Laws and regulations governing the relationship between landlords and tenants can be found on the Land Department's website at www.dubailand.gov.ae.
The RDC FAQ directly addresses security deposit recovery: "You can secure the return of your security deposit by submitting a Payment Writ and requesting a refund."
A Payment Writ is described by the RDC as a service that enables customers to file a petition requesting the Summary Actions Judge to issue a writ of payment against a defendant to settle a due amount.
To register a Payment Writ, the RDC sets out the following requirements:
The RDC also states that a condition for the Payment Writ is that the defendant must have been notified through a notary public or by registered mail, followed by a period of five days.
If the Payment Writ route is not suitable, the RDC FAQ sets out the steps to register a standard rental lawsuit:
Required documents for an initial lawsuit include: a copy of the last lease contract (Ejari); a copy of your Emirates ID; a copy of the valid passport of the property owner with residence permit (for expatriates); and a letter from the bank or account statement stating the claimant's IBAN number.
According to the RDC FAQ, the registration fee for a dispute file involving a monetary claim is 3.5% of the claimed amount, with a minimum fee of AED 500 and a maximum of AED 15,000. Additional fees apply:
The RDC FAQ also states that there is no fee for executing financial claims at the execution stage.
If the case reaches conciliation and a settlement is reached, the RDC states that half of the court fee paid for the basic claim is refunded.
The RDC FAQ states that an appeal can be filed within 15 days from the date of issuing the judgment if the judgment session was attended, or after 15 days from completion of the announcement of the judgment as being in attendance. For a financial claim, the RDC states the claimed amount must be AED 100,000 or more to be eligible for appeal on financial grounds alone. The appellant must also deposit 50% of the amount awarded in the original case as an appeals deposit (this amount is refundable).
The RDC FAQ confirms that modern communication methods such as WhatsApp messages and email are admissible as evidence and are relied upon in issuing judicial verdicts in rental disputes, provided that the disputing parties are questioned about them and acknowledge them in the case record, with reciprocated messages.
The RDC FAQ states that the tenant is required to return the leased property to the owner in the same condition as when the contract commenced, and that it is essential for the tenant to obtain proof of the property's return to the owner. Failing to obtain this evidence could result in the lease contract being regarded as ongoing.
Time limits can apply to some steps. Confirm the current position with the Rental Disputes Centre or a UAE-licensed lawyer.
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