Landlord Ordered to Refund AED 92,300 Difference in Rent to Tenant

The Abu Dhabi Family and Civil Administrative Court has ruled that a landlord must refund AED 92,300 to a tenant, representing the difference in rent paid. The case pertains to a rental contract that was not officially documented and ended prematurely, contrary to the agreement between the parties. Investigations and findings revealed the tenant’s right to recover the amount paid, highlighting the importance of protecting tenant rights within legal frameworks.

Case Details

In the context of the case, a woman filed a lawsuit against the landlord, seeking to compel him to refund AED 143,691, including a 5% legal interest. She also requested the summoning of a specialized accounting expert to determine the nature of the contractual relationship between them, with the defendant bearing the costs and legal expenses. The plaintiff rented both a villa and an apartment for a total annual amount of AED 283,000, and she was promised that the rental agreement would be documented through official procedures.

Defendant’s Position

Contrary to the agreement, the defendant requested the eviction of the property before the contract’s expiration and unilaterally terminated the contract without documentation. Although the defendant relied on jurisdiction in the Rental Committee in his memorandum, he found no support for this in court. The court confirmed through its ruling that the defendant’s position was not consistent with applicable laws, leading to his obligation to pay the claimed amount.

Judgment Results

After reviewing the expert’s report, which indicated that the defendant had unlawfully terminated the contract, the court found that the plaintiff had paid an excess amount for the period she benefited from. Her right to recover AED 92,342 was estimated in accordance with the principle of unjust enrichment. Consequently, the court ordered the defendant to refund the stated amount, along with bearing the fees, expenses, and attorney’s fees.

This ruling reaffirms the necessity of adhering to contracts and legally documenting them, which protects the rights of both parties in rental relationships. The tenant’s case remains an example of the importance of safeguarding tenant rights within the rental system.