أسئلة وأجوبة
How to sue the PoA holder of a real estate company for failing to pay rents to the owner?
Hello,
I am trying to get help in a complicated situation to assist my father-in-law on a few matters. Please note that some of my dates/years may not be accurate, however, I can get the exact dates if we plan to proceed with the legal case
1. My father-in-law purchased an apartment around 2014 in Dubai but he had never visited. He had given POA to an individual who worked for XYZ company. For the first couple of years, he received rent.
2. This individual stopped paying his rent for the past 3-4 years. He changed companies and we found the new company he was employed with. We were not able to pull the detailed Ejari records, however, we were able to see how much he had rented it for.
3. The developer bills were unpaid and some DEWA balances as well.
4. My FIL visited in May 2023 and paid all the pending bills. Can we hold the company that created Ejari and employed this individual accountable since the POA cannot be valid for so many years and also no one authorized the company?
Dear Sir,
Based on the information provided, your father-in-law (FIL) can potentially have legal recourse against the individual who acted as his power of attorney (POA) and the companies involved.
However, gathering accurate details and documentation will be crucial for pursuing any legal case. Here are some suggestions:
1. Obtain precise dates and documentation related to the apartment purchase, the POA granted, rental agreements, and payment records. These will help establish a timeline and provide evidence of the contractual relationships.
2. Check the validity and scope of the POA granted to the individual. In the UAE, a POA typically has a limited duration and specific powers outlined. If the individual exceeded the authority granted or acted beyond the POA's validity period, it could constitute a breach of trust.
3. Investigate the role of the companies (XYZ and the new company) in facilitating the individual's actions. If they were aware that the individual was mishandling your FIL's property and funds, they could potentially be held liable for negligence or complicity.
4. Consider engaging the developer and relevant authorities (such as the Dubai Land Department and Dubai Electricity and Water Authority) to investigate the unpaid bills and unauthorized tenancy arrangements.
Additionally, it's advisable to act promptly, as there may be statutes of limitations or time constraints that could impact your ability to pursue legal action effectively.
We look forward to the opportunity to meet with you. Please feel free to contact us by phone or email for further legal assistance.
Regards.
The POA will not be valid for all these years. So, there won't be any proper authorization.
Now the owner can take over the property and file a compensation case against that person for breach of trust and claim the receivables as well.
We need much more details to advise you more. Kindly share your WhatsApp number for further discussion.
