What is the amicable way or legal way to get the NOC letter and my refundable deposit?

Question: I have been residing in a rented apartment in the emirate of Dubai and the tenancy and Ejari expired on January 31, 2018. I did not renew my tenancy and served sufficient notice period to the real estate agent. Now, the agent is not providing me NOC so that I can cancel my Ejari and my calls are not answered by him. I had also paid a refundable deposit to my real estate agent on the assurance that it will be refunded at the time of vacating the apartment.

What is the amicable way or legal way to get the NOC letter and my refundable deposit?

Answer:

Pursuant to your queries, we assume that you have served 90 days' notice to the landlord (real estate agent) that you do not wish to renew your tenancy contract prior to its expiry. This is in accordance with Article13 and Article 14 of the Law No. 33 of 2008 Amending Law No.26 of 2007 regulating the relationship between landlords and tenants in the emirate of Dubai. Article 13 which states that "For the purpose of renewing the tenancy contract, the landlord and tenant may, prior to the expiry of the tenancy contract, amend any of the terms of the tenancy contract or review the rent, whether increasing or decreasing it. Should the landlord and tenant fail to reach an agreement, then the tribunal may determine the fair rent, taking into account the criteria stipulated in Article 9 of this Law."

Further, Article 14 states, "Unless otherwise agreed by the parties, if either party to the tenancy contract wishes to amend any of its terms in accordance with Article 13 of this Law, that party must notify the other party of same no less than ninety (90) days prior to the date on which the tenancy contract expires."

The landlord should return your refundable deposit subject to the terms of the tenancy contract. This is in accordance with Article 20 of Law No. 26 of 2007 regulating the relationship between landlords and tenants in the emirate of Dubai, which states, "When entering into a lease contract, the landlord may obtain from the tenant a security deposit to ensure maintenance of the real property upon the expiry of the lease contract, provided that the landlord undertakes to refund such deposit or remainder thereof to the tenant upon the expiry of the lease contract."

In the event you wish to settle the matter amicably with your landlord and agent, it is recommended that you approach Department of Mediation and Conciliation Directorate of the Rental Dispute Centre of Dubai. This is in accordance with Article 10 of the Decree No. 26 of 2013 concerning the Rent Disputes Settlement Centre in the emirate of Dubai.

Know the law

If either party to the tenancy contract wishes to amend any of its terms then that party must notify the other party of the same no less than 90 days prior to the date on which the agreement expires.