Tenants in Dubai can appeal against an eviction judgment issued by the First Instance Department of the Dubai Rent Disputes Settlement Centre (RDSC), a law firm said in its recent law update note.
According to Al Tamimi & Company, Judgments issued in rental claims that are less than Dh100,000 (or if the annual rent is less than Dh100,000) are not accepted by the Appeal Department save in the following circumstances:
* If an eviction judgment is issued;
* If a judgment is issued in violation of the jurisdiction rules;
* If a judgment is issued with something not requested by the parties, or with more than what they requested or if it disregarded some requests;
* If a judgment is issued against a person who has not been correctly represented in the action or service was not effective;
* If a judgment is based on papers or documents which were declared to be forgeries after the judgment was issued or the judgment was based on a testimony that was judged as a false testimony after the judgment was issued; and
* If a party to the lease conceals data or documents from the First Instance Department that may have changed the original decision.
According to the law firm, the aggrieved party has to appeal the judgment of First Instance Department with the Appeal Department within 15 days from the date of the judgment.
The Appeal Department consists of a number of committees with each headed by a chairman (judge) and two members, one of them being a judge and the other with extensive experience and competence in real estate. Its judgments are deemed final.
The Execution Department of RDSC will commence the procedures following the lapse of 15 days from the date the tenant is notified of the execution proceedings.
Once the RDSC has issued decisions for eviction, the date of eviction will be scheduled by it (i.e. for the bailiff to visit the premises and carry out the handover process) once the tenant is notified of the judgment.
Al Tamimi revealed following the eviction process is concluded the landlord has to file another application before the Execution Department to claim rent and other charges against the tenant until the eviction date.
The RDSC will subsequently carry out an asset search to identify and locate monies and assets owned by the tenant before the concerned authorities, it added.