
Rental disputes in the UAE β whether over rent increases, security deposits, eviction notices, or maintenance failures β are governed by a clear legal framework that gives both tenants and landlords enforceable rights. This guide covers those rights precisely, from the RERA Rental Index rules that actually determine whether a proposed increase is legal, to the exact RDSC process and appeal thresholds that apply once a dispute reaches the courts.
Legal notice: This article is general information only and does not constitute legal advice. UAE tenancy law varies by Emirate and individual circumstances. Consult a UAE-licensed lawyer for advice on your specific situation.
This article explains the rights of tenants and landlords in UAE rental disputes, grounded in Law No. 26 of 2007 and Decree No. 43 of 2013. It covers the RERA Rental Index tiered rent increase system (0-20%), security deposit rules, the seven grounds for mid-tenancy eviction, the 90-day notice requirement, the RDSC process in Dubai (15-day mediation, 30-day First Instance ruling), the AED 100,000 appeal threshold, and the prohibition on landlord utility disconnection.
Generated by AI Β· Not legal advice
- Rent increases in Dubai follow a tiered system under Decree 43/2013: 0% if rent is within 10% of market rate, up to 5% if 11-20% below, up to 10% if 21-30% below, up to 15% if 31-40% below, up to 20% if more than 40% below market rate.
- Either party wishing to not renew or amend a lease must give at least 90 days written notice before lease expiry (Law 26/2007, Article 14).
- A landlord can only evict mid-tenancy on seven specific grounds under Article 25, including non-payment after a 30-day notice, sub-letting without consent, and wilful damage.
- For personal-use eviction at lease expiry, the landlord must give 90 days notice and cannot re-rent to a third party for at least 12 months after repossession.
- Dubai RDSC process: mediation within 15 days, First Instance ruling within 30 days. Decisions under AED 100,000 are final. Decisions over AED 100,000 can be appealed within 15 days.
- Landlords cannot disconnect utilities or disturb tenant use under any circumstances (Law 26/2007, Article 34).
The Legal Framework
The primary legislation governing landlord-tenant relationships in Dubai is Law No. 26 of 2007 (Regulating the Relationship between Landlords and Tenants in the Emirate of Dubai), as amended by Law No. 33 of 2008. Rent increase caps are set separately by Decree No. 43 of 2013. The Rental Dispute Settlement Centre operates under Decree No. 26 of 2013.
Note on Ejari registration
All tenancy contracts in Dubai must be registered with the Ejari system under RERA. An unregistered tenancy has limited legal standing in RDSC proceedings. Before filing any dispute, confirm your tenancy is Ejari-registered. In Abu Dhabi, the equivalent system is Tawtheeq, managed by the Abu Dhabi Municipality.
Rent Increases: What the Law Actually Says
The most commonly misunderstood rule in UAE tenancy law is the rent increase cap. There is no blanket 5% ceiling. Under Decree No. 43 of 2013 (Article 1), the permitted increase is determined by comparing current rent to the average market rate for similar units, as determined by the RERA Rental Index:
- 0% increase β where current rent is up to 10% below the average market rate for similar units
- Maximum 5% increase β where current rent is 11β20% below market rate
- Maximum 10% increase β where current rent is 21β30% below market rate
- Maximum 15% increase β where current rent is 31β40% below market rate
- Maximum 20% increase β where current rent is more than 40% below market rate
The RERA Rental Index
The average market rate used in the calculation above is determined by the RERA Rental Index (Article 3 of Decree 43/2013). Before accepting or challenging any proposed increase, both parties should check the current RERA Rental Index for the specific property type and area. This check is free and available through the Dubai Land Department. If the landlord proposes an increase that exceeds what the Index permits, that increase is unlawful and can be challenged at the RDSC.
Notice requirements for renewal or change
Under Article 14 of Law No. 26 of 2007, either party wishing not to renew the lease or wishing to amend any of its terms must notify the other party at least 90 days before the lease expiry date, unless the parties agree otherwise. This applies to both rent increases and other changes β a landlord cannot propose a rent increase after this 90-day window has passed.
Eviction: Grounds, Notice Periods, and Restrictions
Mid-tenancy eviction grounds (Article 25)
A landlord can only evict a tenant before the lease expires on the following specific grounds:
- Non-payment of rent: the tenant fails to pay rent or part of it within 30 days of a formal notice served by the landlord.
- Unauthorized sub-letting: the tenant sub-lets the property without the landlord's written approval. Eviction applies to the sub-tenant, who may claim compensation from the original tenant.
- Illegal use: the tenant uses or allows others to use the property for an illegal purpose or one that breaches public order or morals.
- Wilful or negligent damage: the tenant makes changes that endanger the property's safety in a manner impossible to restore, or damages it wilfully or through gross negligence.
- Use other than let purpose: the tenant uses the property for a purpose other than that for which it was let, or in violation of planning and use-of-land regulations.
- Condemnation: the property is condemned, proven by a technical report attested to by Dubai Municipality.
- Breach of lease obligation: the tenant fails to observe any obligation imposed by law or the lease contract within 30 days of a formal notice.
Post-expiry eviction and personal use
At lease expiry, the landlord can additionally seek eviction if a government entity requires demolition, if the property requires full renovation that cannot be done while occupied, if the landlord wants to demolish and reconstruct, or if the landlord wants the property for personal use or by a first-degree relative. In all four cases, the landlord must notify the tenant at least 90 days before lease expiry.
Critical rule on personal-use eviction (Article 26): if the landlord repossesses for personal use and the tribunal awards possession, the landlord cannot rent the property to any third party for at least one calendar year from the date of repossession. If they do, the former tenant may apply to the tribunal for appropriate compensation.
Security Deposits, Maintenance, and Landlord Obligations
Security deposit
Under Article 20 of Law No. 26 of 2007, a landlord may collect a security deposit to ensure maintenance of the property, but must refund that deposit (or the remaining amount after legitimate deductions) to the tenant upon lease expiry. Deductions are permissible only for actual damages beyond ordinary wear and tear, or unpaid rent. A dispute over the deposit amount or refusal to return it is a RDSC matter.
At lease expiry (Article 21), the tenant must return the property in the same condition as received, allowing for ordinary wear and tear or damage beyond the tenant's control.
Maintenance obligations
Under Article 16, the landlord is responsible for maintenance and repairs to the property during the tenancy, unless otherwise agreed. The landlord must repair any defect or damage that affects the tenant's intended use. The landlord is also responsible for defects and wear and tear not attributable to the tenant's fault (Article 17). The tenant's obligation is to report maintenance issues promptly and not carry out changes without the landlord's consent and appropriate official licences.
Landlord prohibition on disconnecting services
Article 34 of Law No. 26 of 2007 explicitly prohibits landlords from disconnecting utilities (electricity, water) or disturbing the tenant's use of the property in any manner. This is not a grey area β it is a clear statutory prohibition. If a landlord disconnects services, the tenant can: (1) go to the police station in whose jurisdiction the property falls to seek a remedy; or (2) file a claim with the RDSC for damages, supported by official reports. If you have a travel ban concern arising from a rental dispute, you can also check your UAE travel ban status separately.
Lease Renewal Fees Are Prohibited
Neither a landlord nor their representatives β including real estate management companies and leasing offices β can charge a tenant any fee for renewing a tenancy contract. The Rental Dispute Centre has confirmed this position publicly, with the RDC Chairman stating that any such clause inserted into a lease is a violation and is unenforceable.
If a landlord or agent demands a renewal fee β sometimes labelled as βcontract renewal feesβ or buried as a clause in the lease β you are not obliged to pay it. More importantly, a landlord cannot file for eviction against a tenant who refuses to pay such a fee. Since renewal fees are not rent, non-payment does not constitute a valid eviction ground under Article 25 of Law No. 26 of 2007.
Note: this is the confirmed position of the RDSC, though it is not codified in a specific standalone article of the tenancy law. If a landlord persists, file a complaint with the RDSC β the prohibition is enforceable regardless of what the lease document says.
How to File a Rental Dispute with the RDSC
The Rental Dispute Settlement Centre (RDSC) β established under Decree No. 26 of 2013 β has exclusive jurisdiction over all rental disputes in Dubai, including those in free zones such as DIFC (Article 6). Neither party can file directly with the courts without first going through the RDSC.
Step 1: Attempt direct resolution
Before filing, document everything: written communications with the other party, photographs of any property condition, copies of rent payment records, and the Ejari-registered tenancy contract. Attempt direct communication with the other party β this creates a paper trail and is in any case required before the RDSC will treat mediation as genuinely attempted.
Step 2: Register the dispute with the RDSC
File online through the Dubai Land Department portal or in person at the RDSC. Required documents typically include:
- Ejari-registered tenancy contract
- Emirates ID of the filing party
- Title deed of the property (if available)
- Evidence supporting the dispute (notices, photos, payment records, correspondence)
- Contact details of the other party
Step 3: Mediation and Conciliation (15 days)
The case is referred to the Mediation and Conciliation Directorate (Article 10 of Decree 26/2013). The Directorate will summon both parties and seek to reach an amicable settlement within 15 days of first appearance β extendable by the supervising judge. If a settlement is reached, it is documented in a signed agreement that has the force of a writ of execution (Article 10(g)). Half of the filing fee is refunded if mediation succeeds (Article 10(i)).
Step 4: First Instance Division (30 days)
If mediation fails, the case is referred to the First Instance Division. The tribunal must issue a ruling within 30 days of referral (Article 16). Each tribunal consists of a chair (a judge) and two members specialised in law and real property. The tribunal may designate specific tribunals for certain dispute types (residential vs. commercial, for example).
Step 5: Appeals
First Instance decisions can be appealed to the Appellate Division (Article 17), with important threshold rules:
- Disputes under AED 100,000: the First Instance judgment is final and cannot be appealed, except in specific circumstances (including where an eviction order is issued, jurisdiction was breached, or the judgment was based on false documents).
- Disputes over AED 100,000: appeal must be filed within 15 days of judgment. Appellate Division decisions are final and cannot be further appealed (Article 14).
Dubai vs. Abu Dhabi: How the Process Differs
The process described above applies to Dubai. Abu Dhabi operates under a separate framework:
- Abu Dhabi Municipality oversees the real estate market, with tenancy contracts registered through Tawtheeq rather than Ejari.
- Rental disputes in Abu Dhabi are handled through the Rent Dispute Committee established under Abu Dhabi Law No. 20 of 2006.
- Sharjah, Ajman, and the Northern Emirates each have their own rental committees. The federal Federal Law No. 26 of 2007 applies as the baseline, but procedural details differ. Check with the relevant Emirate authority before filing.
Common Rental Disputes and Your Rights
Rent increase dispute
If your landlord proposes an increase that exceeds what the RERA Rental Index permits, you can challenge it at the RDSC. First check the RERA Rental Index yourself to confirm the benchmark rate. The landlord must also have given 90 days' notice before the lease expires β a notice served within 90 days is procedurally invalid even if the increase percentage itself would otherwise be lawful.
Security deposit dispute
If a landlord refuses to return the deposit, or deducts amounts you dispute, document the property condition at the time of handover (photos and a written inventory where possible) and file with the RDSC. The burden is on the landlord to justify any deduction β ordinary wear and tear cannot be charged to the tenant.
Maintenance dispute
Report the maintenance issue to your landlord in writing (email or WhatsApp with read receipts) and keep a record. If the landlord fails to respond or carry out repairs within a reasonable time, file with the RDSC. The RDSC can order the landlord to repair and, in appropriate cases, may allow the cost to be offset against rent.
Wrongful eviction
If you receive an eviction notice that does not cite one of the seven Article 25 grounds, or the notice period is less than 90 days, or the landlord is attempting to use personal-use eviction while continuing to rent to others, challenge the eviction at the RDSC. Do not vacate the property before the RDSC has ruled unless you choose to β filing a claim does not suspend your obligation to pay rent during proceedings (Article 31).
If any of these disputes involves a court or police case you're concerned about, you can check your UAE court and police case status online.
Frequently Asked Questions
My landlord proposed a 10% rent increase. Is that legal? It depends on the RERA Rental Index for your property type and area. A 10% increase is only permissible if your current rent is 21-30% below the market average for comparable units. Check the RERA Rental Index through the Dubai Land Department to verify your benchmark rate.
My landlord gave me an eviction notice with 60 days to leave. Is this valid? No, unless the eviction ground is mid-tenancy non-payment or breach (which carry a 30-day cure notice, not a 60-day eviction notice). For all other eviction grounds at lease expiry, the law requires at least 90 days' notice before the expiry date. A 60-day notice is procedurally defective and challengeable at the RDSC.
Do I have to go to the RDSC before filing in court? Yes. The RDSC has exclusive jurisdiction over rental disputes in Dubai. You cannot file directly with the courts. The RDSC process must be completed first.
Can the landlord keep my deposit for routine wear and tear? No. Article 21 of Law No. 26 of 2007 expressly excludes ordinary wear and tear from the tenant's liability on handover. The deposit can only be applied against actual damage beyond normal use, or unpaid rent.
My landlord cut off the water to force me out. What can I do? This is a direct violation of Article 34 of Law No. 26 of 2007. Go to the police station in whose jurisdiction the property falls and file a report. You can also file a damages claim with the RDSC. Document everything with photos, dates, and any written communications.
The landlord says they want the apartment for their child. Can they evict me? Yes, a first-degree relative qualifies under Article 25(2)(d). But the landlord must give 90 days' notice before lease expiry, obtain an RDSC order, and cannot re-rent the property to a third party for at least 12 months after repossession. If they do, you can apply for compensation.
My RDSC ruling was AED 85,000 in my favour but the landlord won't pay. What now? RDSC judgments are enforced through the Judgment Enforcement Directorate of the RDSC (Article 7 of Decree 26/2013). Apply for enforcement directly through the RDSC β the landlord's assets can be attached to satisfy the judgment.
Key Takeaways
- There is no 5% rent increase cap. The actual limit is 0β20% based on the RERA Rental Index gap between your current rent and market rate.
- A landlord must give 90 days' notice before lease expiry to increase rent or not renew. An increase notified within 90 days is invalid regardless of the amount.
- Mid-tenancy eviction is only lawful on seven specific Article 25 grounds. Personal-use eviction at expiry comes with a 12-month re-letting restriction.
- Utility disconnection by a landlord is explicitly prohibited by Article 34 β go to the police and/or RDSC immediately.
- The RDSC process: mediation within 15 days, First Instance ruling within 30 days, appeal threshold AED 100,000.
References
- Law No. 26 of 2007 β Regulating the Relationship between Landlords and Tenants in the Emirate of Dubai (as amended by Law No. 33 of 2008)
- Decree No. 43 of 2013 β Determining Rent Increases for Real Property in the Emirate of Dubai
- Decree No. 26 of 2013 β Concerning the Rent Disputes Settlement Centre in the Emirate of Dubai
- Dubai Land Department β RDSC Filing Portal
- RERA β Rent Index (Dubai)
Questions This Article Answers
George Mathew is the Co-founder and Senior Litigation Counselor at Wirestork, a legal technology company he established in 2017 to make GCC legal processes more accessible and affordable for expatriates and businesses. With deep expertise in UAE and Saudi Arabia law β covering travel bans, immigration, court cases, and debt resolution β George has overseen more than 100,000 legal checks across the GCC region. His work bridges the gap between complex legal systems and the everyday needs of expats navigating the UAE and Saudi legal landscape. He is based in the UAE and consults regularly on
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