What Is the Legal Basis for the RDC's Exclusive Jurisdiction?

Answer: Under Dubai Law 26/2013, the Rental Disputes Centre (RDC) has exclusive jurisdiction over all tenancy disputes arising from leases governed by Dubai law, meaning that arbitration or foreign-court clauses in onshore Dubai leases are generally unenforceable and parties must bring their claims before the RDC.

## WHAT IS THE LEGAL BASIS FOR THE RDC'S EXCLUSIVE JURISDICTION?

The Rental Disputes Centre resolves tenancy conflicts under Dubai Law No. 26 of 2013, which grants it exclusive jurisdiction over landlord-tenant disputes for properties in Dubai, except where leases expressly elect DIFC or ADGM courts, a provision upheld as public order by the UAE Court of Cassation.

## HOW DO I IDENTIFY WHETHER MY LEASE FALLS UNDER THE RDC'S JURISDICTION?

Check the lease's governing law and forum clauses. If the agreement states that it is governed by the laws of the Emirate of Dubai and does not nominate the DIFC or ADGM courts as the exclusive forum, the RDC will have jurisdiction. Conversely, leases that expressly elect DIFC or ADGM law and submit to those courts' jurisdiction will be heard there, not at the RDC.

## WHAT TYPES OF TENANCY DISPUTES DOES THE RDC HEAR?

The RDC handles a broad spectrum of landlord-tenant matters, including but not limited to:

• Non-payment of rent or service charges
• Eviction proceedings (including notice periods and grounds for termination)
• Disputes over maintenance, repairs, and habitability
• Security deposit refunds and deductions
• Sub-letting or assignment conflicts
• Breach of lease covenants (e.g., use restrictions, alteration approvals)
• Claims for compensation arising from delayed handover or defective premises

## WHAT IS THE STEP-BY-STEP PROCEDURE BEFORE THE RDC?

1. Filing the Claim - The aggrieved party (landlord or tenant) submits a statement of claim together with supporting documents (lease agreement, payment records, correspondence, notices) to the RDC's online portal or in person at its customer service centre.
2. Preliminary Review - The RDC checks jurisdictional requirements and may issue a notice to the opposing party to file a defence within a prescribed period (usually 15 days).
3. Mediation Attempt - Before a hearing, the RDC encourages parties to settle through its internal mediation unit. Mediation is voluntary but often succeeds in resolving monetary or procedural disputes without a formal hearing.
4. Hearing - If mediation fails, the case proceeds to a hearing before a RDC judge. Both sides may present evidence, call witnesses, and make legal submissions. The hearing is typically conducted in Arabic, with translation services available for non-Arabic speakers.
5. Judgment - The RDC issues a reasoned judgment, which may include orders for payment of arrears, eviction, compensation, or specific performance (e.g., carrying out repairs).
6. Enforcement - Judgments are enforceable through the Dubai Courts' execution department. The RDC's decision carries the same weight as a court judgment and can be executed via attachment of assets, garnishment of wages, or seizure of property.

## HOW DOES THE RDC TREAT ARBITRATION CLAUSES IN ONSHORE DUBAI LEASES?

Although parties may include an arbitration clause in a Dubai-governed lease, Dubai Law 26/2013 renders such clauses ineffective for tenancy disputes because the RDC's jurisdiction is deemed a matter of public order. The UAE Court of Cassation has held that any agreement attempting to oust the RDC's exclusive jurisdiction is void to the extent it conflicts with the law. Consequently, if a dispute arises, the aggrieved party can ignore the arbitration clause and file directly with the RDC; the other party cannot compel arbitration unless the lease falls under DIFC or ADGM jurisdiction.

## WHAT ARE THE DIFFERENCES FOR LEASES GOVERNED BY DIFC OR ADGM LAW?

Leases that expressly elect the DIFC or ADGM as the governing law and submit to those courts' jurisdiction are outside the RDC's scope. In those cases:

• DIFC Leases - Disputes are heard by the DIFC Courts under DIFC Laws, including the DIFC Court Law No. 10 of 2004 and the DIFC Arbitration Law. The DIFC Courts also have a Mediation Centre, but parties may opt for arbitration under the DIAC or other arbitral institutions seated in the DIFC.
• ADGM Leases - The ADGM Courts apply ADGM Regulations, and the ADGM Arbitration Centre administers arbitrations under the ADGM Arbitration Regulations 2015.

Thus, the choice of governing law and forum clause determines whether the RDC, DIFC Courts, or ADGM Courts will have authority.

## WHAT PRACTICAL STEPS SHOULD I TAKE WHEN DRAFTING A DUBAI LEASE TO AVOID JURISDICTIONAL CONFLICTS?

1. Specify Governing Law Clearly - State that the lease is governed by the laws of the Emirate of Dubai.
2. Avoid Conflicting Forum Clauses - Do not insert arbitration or foreign-court clauses that purport to exclude the RDC unless you intend the lease to fall under DIFC/ADGM jurisdiction.
3. Include a RDC-Friendly Dispute Resolution Clause - For example: "Any dispute arising out of or relating to this lease shall be submitted to the exclusive jurisdiction of the Rental Disputes Centre established under Dubai Law No. 26 of 2013."
4. Retain a Mediation Step - Although not mandatory, adding a provision that parties will first attempt mediation through the RDC's mediation unit can demonstrate good faith and may expedite settlement.
5. Review Recent Judicial Trends - Keep abreast of Court of Cassation rulings that reinforce the RDC's public-order status to ensure the clause remains enforceable.

## FREQUENTLY ASKED QUESTIONS

Q1: Can a tenant be evicted immediately for non-payment of rent under RDC procedures?
A: No. The RDC requires the landlord to serve a valid notice period (typically 30 days for residential leases) before filing an eviction claim. The judge will examine whether the notice complies with Dubai Law 26/2013 and the tenancy contract before granting an eviction order.

Q2: What happens if the landlord refuses to return the security deposit after I vacate the property?
A: You may file a claim with the RDC for the deposit's return, accompanied by the move-out inspection report and any correspondence requesting repayment. The RDC can order the landlord to repay the deposit, plus any applicable compensation for unjustified retention.

Q3: Are urgent measures (e.g., injunctions to stop illegal eviction) available before the RDC hearing?
A: Yes. Parties can request precautionary or urgent measures from the RDC or, if necessary, from the Dubai Courts' urgent matters department. The RDC has the authority to issue interim orders to preserve the status quo pending a final decision.

Q4: How long does it typically take for the RDC to render a judgment?
A: Timelines vary based on case complexity and the parties' willingness to mediate. Simple rent-arrear cases may be resolved within 2-3 months, while more involved disputes (e.g., delayed handover defects) can take 4-6 months or longer, especially if expert reports are required.

Q5: If my lease is governed by DIFC law, can I still sue in the RDC?
A: Generally, no. A DIFC-governed lease excludes the RDC's jurisdiction unless the parties later agree to submit to the RDC, which would require a novation of the lease terms. Disputes under DIFC leases should be directed to the DIFC Courts or the DIFC Arbitration Centre.

Q6: Does the RDC handle commercial tenancy disputes, or is it limited to residential leases?
A: The RDC's jurisdiction covers both residential and commercial leases that are subject to Dubai law. The same procedural rules apply, although the substantive considerations (e.g., permissible rent increase percentages, notice periods) may differ between residential and commercial contracts under the relevant regulations.

This article provides a general overview of how the Rental Disputes Centre processes tenancy disputes in Dubai under the prevailing legal framework. It does not constitute legal advice for any specific situation.

If your matter involves Dubai Rental Disputes Settlement Centre in the United Arab Emirates, you are welcome to request a consultation with Nour Attorneys. Our team can assess your position under the law currently in force and outline the options available to you. Request a consultation

This article is provided for general informational purposes only and does not constitute legal advice. Reading this article or contacting Nour Attorneys through this website does not create an attorney-client relationship; such a relationship arises only after a conflicts-of-interest check and a signed engagement agreement. Do not send confidential information through this website; information submitted before engagement is not protected by legal privilege. Past results do not guarantee future outcomes. The firm's lawyers practice in the jurisdictions stated in their individual profiles; this article addresses the law of the United Arab Emirates only.