Tim Elliott
Welcome to Lawgical, the first regular podcast navigating legal processes in the UAE. I’m Tim Elliott, and I’m here with Ludmila Yamalova, Managing Partner of the Dubai-based legal firm HPL Yamalova & Plewka. Ludmila is our expert as ever. Good to see you, Ludmila.
Ludmila Yamalova
Good to see you too, Tim. Thanks for being here, as always.
Tim Elliott
In this episode, we’re going to discuss how tenants in Dubai can claim a refund of their rental deposit, particularly in cases of disputes with landlords. Once again, we’ll break it down into a Q&A format so it’s super easy to follow. To begin, Ludmila, what should a tenant do if a landlord refuses to refund the rental deposit?
Ludmila Yamalova
In short, if the landlord refuses to refund the rental deposit, the only legitimate and effective option for tenants is to file a case with the Rental Dispute Center (RDC) in Dubai. This applies if the landlord refuses to refund the deposit in full or in a timely manner.
Tim Elliott
Why is this such an important issue for tenants?
Ludmila Yamalova
Rental deposits often represent a significant amount of money for tenants. Disputes over these funds can cause financial stress and disrupt their ability to secure new housing. A clear process for claiming refunds helps protect tenants’ rights and ensures fair treatment.
Historically, tenants might have hesitated to pursue a refund because the amount in question, though significant to them, didn’t always justify the cost and effort of filing a court case. As a result, some landlords developed a practice of withholding deposits, either by claiming damages, being punitive, or simply assuming tenants wouldn’t pursue legal action. This is why it’s critical to educate tenants on the process and empower them to claim their rightful refunds.
Tim Elliott
Ludmila, when and on what basis can landlords challenge the refund of a deposit?
Ludmila Yamalova
Landlords may challenge the refund of a deposit on several grounds, including:
- Property damage: Claiming the tenant caused damage beyond normal wear and tear.
- Unclean property: Alleging the property was left in an unclean condition.
- Unpaid dues: Disputing unpaid rent or utility bills.
- Breach of lease terms: Citing violations like smoking in a non-smoking property or having pets when not allowed.
However, these claims need to be supported by evidence, such as photographic documentation or written reports, showing the property’s condition at handover versus the state at move-out.
Tim Elliott
It’s fair to say, though, that not all landlords try to illegitimately keep deposits.
Ludmila Yamalova
Absolutely. Many landlords have legitimate grounds for withholding deposits. For example, they may have proof of damage beyond normal wear and tear or evidence of unpaid rent or bills. That said, proving property damage often requires a proper baseline report from when the property was handed over.
Normal wear and tear are expected, so landlords cannot withhold deposits for issues like minor scuffs or regular usage. If landlords fail to document the property’s condition at handover—usually through photographs or a detailed report—it becomes difficult for them to justify keeping the deposit.
Tim Elliott
What’s the process for filing a request with the Rental Disputes Committee, the RDC?
Ludmila Yamalova
Tenants can file a request for a payment writ with the RDC. This is an administrative request rather than a full-blown court case.
Here’s how to do it:
- Log onto the RDC online portal.
- Navigate to the New Case tab and select Payment Writ.
- Submit the required documents, such as the lease agreement, proof of deposit payment, correspondence requesting the refund, and evidence of the landlord’s refusal to return the deposit.
- Pay the applicable fee.
This process is designed to be accessible, allowing tenants to file their cases without legal representation.
Tim Elliott
It doesn’t sound too complicated. Is that fair?
Ludmila Yamalova
That’s fair. The process is straightforward and user-friendly. The RDC portal eliminates the need for physical visits or in-person hearings. It’s accessible for laypeople, meaning tenants can navigate the process independently without hiring a lawyer.
Tim Elliott
And you can do it in English, can’t you, on the website?
Ludmila Yamalova
Yes, much of the RDC portal is available in English, making it easier for non-Arabic speakers. However, any submissions, including pleadings and supporting documents, must ultimately be in Arabic. Supporting documents not originally in Arabic must also be legally translated.
The portal’s accessibility and English interface help tenants navigate the process, but final submissions must comply with the court’s Arabic language requirements.
Tim Elliott
What does it cost to file a payment writ case?
Ludmila Yamalova
The fee is 3.5% of the claimed amount, with a minimum of AED 500 and a maximum of AED 15,000. For example, if your deposit is AED 5,000, the fee would be 3.5% of that amount, which is AED 175—but since the minimum fee is AED 500, you’d pay AED 500.
Tim Elliott
How long does it take to get a decision?
Ludmila Yamalova
Payment writ cases are typically decided within one day, provided all required documents are submitted, such as the lease agreement, proof of deposit, and any correspondence related to the dispute.
Tim Elliott
For tenants who might feel hesitant or unsure about the process, what advice would you give?
Ludmila Yamalova
The process is simple and accessible. Here’s a quick recap:
- Visit the RDC online portal and select Payment Writ under the New Case tab.
- Ensure all documents are translated into Arabic if necessary.
- Pay the fee and submit your case.
- Wait for the decision, which is typically issued within one day.
The system is designed to empower tenants to stand up for their rights without needing legal representation. Don’t shy away from claiming your rightful refund—tools are available to help you navigate this process economically and efficiently.
Tim Elliott
That’s another episode of Lawgical: Claiming a Refund of Your Rental Deposit in Dubai. Thank you for listening or watching if you’re with us on YouTube. As always, a big thank you to our legal expert, Ludmila Yamalova.
Ludmila Yamalova
Thank you, Tim.
Tim Elliott
You can find us at lylawyers.com and on social media—Instagram, Facebook, TikTok, and LinkedIn. All our podcasts are free at lylawyers.com. To get a legal question answered by a qualified UAE-experienced legal professional or in an episode of Lawgical, click on “Contact” at lylawyers.com.
