RDC Full Case vs. Offer and Deposit: Mechanisms, Costs, and Practical Effect
CONTEXT
A landlord and tenant have been unable to agree on lease renewal terms because the landlord is demanding a rent increase above the level permitted by the RERA Rental Index. The tenant filed an Offer and Deposit request at the Rental Disputes Centre (RDC). The RDC has issued a ruling confirming that the proposed increase is not permitted. The landlord continues to ignore the process: not responding, refusing to sign a new contract, and refusing to accept rent cheques.
Two practical problems follow from the landlord’s non-cooperation. First, the tenant cannot obtain a new Ejari registration without either a contract signed by both parties or a court order substituting for it. Second, the tenant cannot make rent payments in a legally protected way if the landlord refuses to accept cheques.
Four questions arise.
Question 1. How can the tenant obtain Ejari registration if the landlord refuses to sign the renewal contract?
A:
Ejari registration cannot be completed on the basis of the tenant’s...