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Article 35 · enforcing judgments

Article 35 of Dubai Tenancy Law: Enforcing Rental Judgments

A rental judgment only changes anything once it is enforced, and Article 35 of Dubai's tenancy law is the provision that says how. As drafted in 2007 it drew a line between two kinds of award: an eviction award was carried out through the special rent tribunal of the day, while a financial award — unpaid rent, a refunded deposit, compensation or costs — went to Dubai Courts' execution section. Decree No. 26 of 2013 abolished that tribunal, and the Rental Disputes Centre's own Judgment Execution Department now enforces both. This page explains what the article says, what it means for a landlord and a tenant, and when it comes into play.

  • Article 35 is the tenancy law's execution provision — its original 2007 two-track wording was overtaken by Decree 26 of 2013
  • Today the Rental Disputes Centre's Judgment Execution Department enforces both kinds of award
  • A judgment must be final and enforceable before Article 35 can be used to carry it out
  • MANJAZ prepares and follows up execution files as a service provider — it is not a court or a law firm and promises no result
  • Dubai-based, UAE-wide service
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The direct answer

What Article 35 says about enforcing a judgment

Article 35 of Law No. 26 of 2007 is where the tenancy law places execution. As written, it sent an eviction award to the special rent tribunal of the day and any other award — most often a financial one such as rent arrears or a refunded security deposit — to Dubai Courts. Decree No. 26 of 2013 abolished that tribunal and gave the Rental Disputes Centre's own Judgment Execution Department every final judgment the Centre issues, of either kind.

Winning a case decides who is right, but a decision on paper does not, by itself, remove a tenant from a property or move any money between the parties. Enforcement — often called execution — is the separate stage that turns the ruling into a real outcome, and Article 35 is the article of the tenancy law that deals with that stage.

The article was drafted around two kinds of award because they call for two different actions: recovering possession of a home or a shop is not the same task as collecting a sum of money. That practical difference is still real. What changed in 2013 is the destination — both kinds now end at the same Judgment Execution Department of the Rental Disputes Centre rather than at two separate institutions, so a judgment carrying both limbs no longer has to be split between two forums.

What Article 35 actually provides

In its original 2007 wording, Article 35 provides that judgments ordering eviction are executed through the Tribunal — the Special Tribunal then formed by Decree No. 2 of 1993 — while judgments of another nature, principally awards of money, are executed by the Execution Section of Dubai Courts. That wording kept the two channels separate: an order to give up a property was enforced by the body that decided it, and an order to pay through the machinery built to recover sums and, where necessary, to attach the funds or assets of the party who must pay.

The article does not fix a fee or a timetable, and it does not promise how quickly a property will be handed back or a debt collected. Its subject is the route to enforcement, and that route was redrawn by Decree No. 26 of 2013. Everything that follows — opening an execution file, notifying the losing party, and any compulsory measures — is now handled at the Centre for both kinds of award.

The terms Article 35 turns on

Eviction award
A ruling that the tenant must give up the property. It is enforced by the Centre's execution department, ending in the handover of vacant possession.
Financial (money) award
A ruling that one party pay the other a sum — rent arrears, a refunded deposit, compensation or costs. It is enforced by the same department.
The Special Tribunal (pre-2013)
The body Article 35 named for eviction enforcement in 2007. Decree No. 26 of 2013 abolished it; the Rental Disputes Centre decides and enforces tenancy disputes today.
Execution route
The enforcement stage that turns a judgment into a result, if necessary by attaching the funds or assets of the party who must pay. At the Centre, one department handles both kinds of award.
Final and enforceable judgment
A judgment that can be executed because the time to object or appeal has passed, or the appeal routes are exhausted, so it is no longer open to ordinary challenge.
What it means today

How Article 35 works after the Rental Disputes Centre

When the law was written in 2007, eviction was enforced by the rent tribunal of the day and money awards through the execution section of Dubai Courts. In 2013, Decree No. 26 of 2013 established the Rental Disputes Centre as the specialised judicial body for tenancy disputes, part of Dubai Land Department, and gave it its own Judgment Execution Department. The Centre states that this department enforces its judgments, covering both eviction orders and financial claims.

The practical effect is that the two-track wording of Article 35 has been overtaken: the body it named no longer exists, and Decree No. 26 of 2013 repeals any conflicting provision to the extent of the conflict. The same Centre that decides the dispute now carries the decision through to a result — recovering possession in an eviction, or collecting the amount awarded in a financial claim — and its chairman may call on the Execution Department of Dubai Courts for assistance. Deciding and enforcing under one roof makes the path clearer for both parties and spares them moving between institutions before they see a result.

Two related rules matter at this stage. Article 35 only reaches a judgment that is final and enforceable, so a ruling still open to objection or appeal is generally not yet ready to be carried out. And under Article 31, a tenant's duty to pay rent continues until a final award is issued and executed — a case does not, in itself, switch the rent off.

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What Article 35 means for the landlord and the tenant

For the landlord

  • An eviction award you have won is enforced by the Centre — not by changing locks or removing belongings yourself
  • A money award, such as rent arrears, is enforced by the Centre in the same way so the sum can actually be recovered
  • You must hold a final, enforceable judgment before an execution file can be opened
  • After a personal-use eviction, the Article 26 re-letting restriction still applies to the property
  • Preparing a complete execution file is what keeps enforcement moving rather than stalling

For the tenant

  • A judgment in your favour — for example a refunded deposit — is enforced by the Centre's execution department
  • Enforcement of an eviction is carried out by the Centre, which protects you from unlawful self-help by a landlord
  • You can seek to challenge a judgment within the appeal window before it becomes final and enforceable
  • Your rent remains due until a final award is issued and executed, under Article 31
  • If a landlord ignores an award you have won, you can apply to have it executed against them

When Article 35 comes into play

A landlord holds a final eviction award, but the tenant will not leave.

What is usually neededThe landlord opens an execution file on the strength of the judgment; the tenant is formally required to hand over the property, and if they still refuse, possession is enforced through the Centre — never by the landlord acting alone.

A tenant won an order for the return of the security deposit, and the landlord has not paid.

What is usually neededThe tenant asks the Centre to enforce the financial award; the landlord is notified to pay within the period set, and if payment is not made the Centre may take enforcement measures to recover it.

One judgment orders the tenant both to vacate and to pay the rent that fell due.

What is usually neededBoth limbs are enforced by the Centre's execution department — the eviction and the money award alike — so a single judgment no longer has to be split between two institutions.

The losing party has lodged an appeal against the judgment.

What is usually neededEnforcement normally waits for a final, enforceable judgment; the party who wants to challenge should act within the appeal route, and the party who won should confirm the judgment is final before opening an execution file.

A judgment must be final before Article 35 can be used

Article 35 is about carrying out a judgment, and that step is reserved for a judgment that is final and enforceable — one where the time to object or appeal has passed without a successful challenge, or the routes of appeal are exhausted. While a ruling is still open to challenge, it is generally not ready to be enforced, because the outcome could still change. This is why enforcement and appeal are two sides of the same coin: if you intend to contest a judgment, the moment to act is within the appeal window; if you have won, confirming the judgment is final is the first thing to check before you ask for it to be executed.

What an execution file typically needs

  • The executory copy of the final judgment you want enforced
  • Proof that the judgment is final — that the objection or appeal period has passed
  • The Ejari-registered tenancy contract and the case reference number
  • Identity documents: Emirates ID for an individual, or the trade licence for a company
  • For an eviction: the details needed to recover and hand over the property
  • For a money award: information that helps locate the funds or assets of the party who must pay

Common mistakes when a judgment is enforced

  • The mistakeTrying to enforce a judgment that is still open to appeal.

    The fixArticle 35 reaches final judgments; confirm the objection and appeal period has passed, or the routes are exhausted, before opening an execution file.

  • The mistakeA landlord changing the locks or removing a tenant's belongings to 'enforce' an eviction personally.

    The fixEviction is carried out by the Centre's execution department, not by self-help, which can expose the landlord to liability.

  • The mistakeAssuming Article 35's original two-track wording still tells you where to file.

    The fixDecree No. 26 of 2013 overtook it: the Centre's execution department enforces its judgments, eviction and money alike, so there is no second track to prepare for.

  • The mistakeA tenant stopping the rent as soon as a judgment is issued.

    The fixUnder Article 31 rent stays due until a final award is issued and executed; withholding it can add to what is owed.

  • The mistakeApplying to enforce with an incomplete file.

    The fixMissing the executory copy, the case reference or proof of finality slows everything down; assemble the file before you apply.

Article 35: questions and answers

Article 35 is the tenancy law's execution provision. As drafted in 2007 it sent eviction awards to the special rent tribunal of the day and other awards — mainly financial ones such as unpaid rent or a refunded deposit — to Dubai Courts' execution section. Decree No. 26 of 2013 abolished that tribunal, and today the Rental Disputes Centre's Judgment Execution Department handles both kinds.

This content is for general information and awareness. It is based on the legislation and official sources available at the time of the last review, and procedures may differ according to the facts of each case and updates issued by the competent authorities. It is not legal advice, and MANJAZ is the publisher of this explanation, not the authority that issued the legislation.

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