Rental dispute in Sharjah usually involve conflicts between landlords and tenants over rental matters, with landlords wanting to protect their property and tenants aiming to safeguard their money and ensure their comfort. These disputes such as: unexpected rent raises, eviction notices, maintenance issues, and the absence of guarantees for household appliances in furnished rentals. This article aims to elucidate the various aspects of rental dispute in Sharjah and offers optimal solutions for resolving your rental challenges. If you’re interested in the details, follow along in this article.
Steps To File a Rental Dispute in Sharjah
The steps to file a rental Dispute in Sharjah are outlined in the Rental Law No. 2 of 2007, regarding the regulation of the relationship between landlords and tenants in the Emirate of Sharjah.
This law delegates the authority to adjudicate rental disputes arising between landlords and tenants in Sharjah to a committee known as the Rental Disputes Resolution Committee.
A rental dispute case in Sharjah is filed before the Rental Disputes Resolution Committee, either by directly registering the case with them or by registering it electronically through the Sharjah Municipality.
When filing a rental dispute case, whether as a landlord or a tenant, you must submit a rental claim form including the following details:
- Detailed information of both the claimant and the defendant, including address and contact number.
- Details of the lease agreement, with a certified copy attached.
- The subject of the claim, which can be either a request for tenant eviction due to non-payment of rent or the need to demolish and rebuild the property. If the claim is filed by the tenant, it may either be a demand for the landlord to carry out necessary maintenance on the property or a demand to prevent an increase in rent.
- The facts of the case, which should include a comprehensive explanation of the claim, in addition to presenting all legal justifications and evidentiary support backing the claimant’s case.
- Finally, the claimant’s demands should be listed. If the claimant is the landlord, the demand may be for tenant eviction. If the claimant is the tenant, the demand may be to terminate the lease agreement and seek compensation.
- The claim form should be concluded with the name of the claimant or their legal representative and signature, along with the date the form was filled out.
Once the claim is registered with the Rental Disputes Resolution Committee, the other party, i.e., the defendant, will be notified of the case, and a date for the hearings to conduct the trial will be set.
Documents and Requirements for Rental Dispute
The documents and requirements necessary for a rental dispute case in Sharjah are centered around providing a certified copy of the lease agreement to the Rental Disputes Resolution Committee.
Without submitting a copy of the agreement, the case cannot be considered. The contract must be certified by the Sharjah Municipality, as it outlines all contractual terms and determines whether there has been a breach of contractual obligations by the defendant.
Additionally, submitting a statement of the fees required to file the rental dispute case, along with all relevant information pertaining to both the claimant and the defendant, is mandatory.
What the types of rental dispute cases?
The types of rental dispute cases in Sharjah vary according to the plaintiff and the nature of the claim, as follows:
Rental Dispute Cases That Can Be Filed by the Landlord
- Eviction claim due to non-payment of rent.
- Eviction claim due to misuse of the leased property.
- Eviction claim due to the tenant’s violation of lease terms or the Sharjah Rental Law.
- Eviction claim due to the tenant subleasing the property without the landlord’s written consent.
- Eviction claim due to using the property for purposes other than those specified, or in a manner contrary to public order or morality.
- Eviction claim due to the landlord’s desire to demolish and rebuild the leased property, provided that the necessary permits from the municipality are obtained.
- Eviction claim due to the property owner’s need to occupy the property themselves or for one of their adult children, provided the owner does not own another property in the same area.
- Rent increase claim, provided that three years have passed since the lease was first signed.
Rental Dispute Cases That Can Be Filed by the Tenant:
- Rent reduction claim due to failure to derive the expected benefit from the property.
- Lease termination claim due to the landlord’s failure to deliver full possession of the property, with compensation.
- Claim demanding the landlord carry out necessary maintenance on the property.
- Claim for assurance against harassment for the tenant, whether by the landlord or others, in using the leased property.
Rental Dispute Resolution Services Lawyers
Here are 7 services that a lawyer specializing in rental disputes can provide for those involved in a rental dispute in the Emirate of Sharjah:
- Representation in all rental disputes that must be heard before the Rental Disputes Resolution Committee in Sharjah.
- Advocacy in rental disputes before the Rental Disputes Resolution Committee, through the submission of claim memorandums, responses, and defenses.
- Full legal support for the claimant in filing the claim form correctly to the Rental Disputes Resolution Committee, including all necessary documents and information, especially the lease agreement.
- Effective contribution in executing the judgment issued by the Rental Disputes Resolution Committee, through the relevant execution departments in Sharjah.
- Filing appeals against decisions made by the Rental Dispute in Sharjah, before the Rental Appeals Committee according to the Sharjah Rental Law. “فينا نشيل اللينك، بس فيو تفاصيل قانون الإيجار”
- Providing all legal consultations related to rental disputes in Sharjah, clarifying all legal points beneficial to the client mentioned in the lease agreement, and highlighting the terms breached by the other party.
- Offering legal drafting services for the lease agreement, ensuring it is legally valid with all required information included, and establishing terms suitable for protecting the rights of both parties.
Frequently Asked Questions (FAQ)
How is a rental claim form written?
A rental claim form is written following the same method as a judicial claim form in the UAE, in accordance with the provisions of the UAE Civil Procedures Law. It includes the details of the claimant and the defendant, the subject of the claim, the facts of the case, and attaches all supporting documents and evidence. It also lists the claimant’s demands, followed by the signature of the claimant or their legal representative and the date the claim form was prepared. It’s advisable to seek the assistance of a lawyer specializing in rental disputes for drafting and writing this document.
What documents are required in a rental dispute in Sharjah?
The most important document required in a rental dispute in Sharjah is a certified copy of the lease agreement. Additionally, documents proving the payment of the required fees for the lease agreement, the fees for filing the rental dispute case, and information about the claimant and the defendant, especially addresses and contact numbers, are required.
In conclusion, we wish everyone peace. Both foreign and Emirati citizens can encounter issues with property owners, which is a natural occurrence. The important thing is to know how to handle these issues. And remember, we are always here for you.
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