Case Outcome: Illegal Rent Increase Nullified at RDSC
When a landlord insists on an above-index rent increase at renewal and the tenant refuses to sign, the RDSC can issue an order fixing the rent at the lawfully permitted amount. This case outcome shows exactly how that process works and what evidence the RDSC relied on.
Scenario
Background: A tenant in a 2-bedroom apartment in JBR had been paying AED 95,000/year for 3 years. At renewal, the landlord demanded AED 130,000 — a 36.8% increase. The RERA Rental Index for this specific tower and unit type showed a median of AED 115,000. Under Decree 43, with the current rent 17.4% below median, the maximum permitted increase was 5% (to AED 99,750). The tenant refused to sign at AED 130,000 and filed at the RDSC.
The Example
Case Outcomes
CASE SUMMARY: Forum: Rental Disputes Settlement Centre (RDSC), Dubai Outcome: Renewal rent fixed at AED 99,750 (5% increase from AED 95,000) Timeline: 38 days from filing to primary court ruling WHAT THE TENANT FILED: • RDSC application requesting the tribunal to fix the renewal rent at the legally permitted amount • Copy of RERA Rental Index result (screenshot from Dubai REST app, dated) • Copy of current Ejari tenancy contract • Copy of landlord's renewal demand (email showing AED 130,000 demand) • Written calculation showing: RERA median (AED 115,000) → Current rent 17.4% below median → Decree 43 tier: 5% maximum increase → Maximum lawful rent: AED 99,750 LANDLORD'S POSITION: The landlord attended the conciliation session and argued that market prices in JBR had increased significantly and that AED 115,000 was too low a median. The landlord produced Property Finder listings showing similar units renting for AED 125,000–135,000. THE RDSC'S RULING: The RDSC judge confirmed that under Decree No. 43 of 2013, the RERA Rental Index is the sole legally prescribed benchmark for rent increases in Dubai. Property portal listings do not constitute a legal alternative to the index. The landlord's Property Finder evidence was not accepted as a basis for exceeding the index. The RDSC issued a judgment fixing the renewal annual rent at AED 99,750 (the maximum permitted 5% increase from AED 95,000), to be implemented at the commencement of the renewal term. RENEWAL CONTRACT: The landlord was ordered to issue a renewal contract at AED 99,750. Failure to comply within 30 days would subject the landlord to enforcement proceedings. The tenant's RDSC filing fee of AED 3,500 (estimated) was ordered to be paid by the landlord. KEY LESSONS: The outcome demonstrates that the RDSC categorically rejects market comparisons as a substitute for the RERA Index. A landlord's belief that the market supports a higher rent is entirely irrelevant to the legal analysis. The tenant's preparation was simple but complete: one RERA screenshot, one written calculation.
Why This Works
The case shows that the RDSC process for rent increase disputes is fundamentally document-driven. The tenant's entire evidence file was three items: the RERA screenshot, the current contract, and the landlord's demand. Simple, decisive, and effective.
The landlord's use of Property Finder listings as evidence is a common mistake — and the RDSC's rejection of it is a critically important data point for tenants. Market listings do not override the RERA Index.
The 38-day resolution timeline is notably fast. Rent increase cases where the legal analysis is clear and the facts are undisputed tend to resolve quickly. The conciliation session at the start gives both parties an opportunity to settle — many do at this stage when the tenant presents the RERA evidence.
Key Elements
- RERA Rental Index screenshot as primary evidence
- Written Decree 43 calculation showing exact maximum lawful rent
- Property Finder evidence rejected as legally irrelevant
- Renewal contract ordered at correct rent
- Filing fee recovered from landlord
Frequently Asked Questions
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