Can I claim bounced check penalties if the tenant has left the building?

Thank you for responding, Ahmed!

I didn’t understand what you meant. Could you please clarify?

I would appreciate it.

In rental cases, landlords demand fees for bounced checks from tenants, and court rulings often reject granting them those fees.

What I mean is, don't waste your time; you will not be awarded a penalty for bounced checks.

In the tenancy contract signed by the tenant, it stated that there would be a 1,000 dhs fee for every time a check bounces.

Are you sure I am not entitled to file a case for the penalty fees?

The legal provisions I am referring to are about contract termination due to non-payment of rent, as terminating the contract renders all its terms void.

Your situation appears different, as the tenant left in a normal manner and not through legal proceedings.

Therefore, you may have the right to claim the bounced check penalty if it is stipulated in the contract.

I really appreciate your response.

I did actually have an RDC case with the tenant regarding non-payment of rent. She eventually paid the financial claim and evacuated the apartment.

I didn’t demand penalty fees in that case, so I was wondering if I could claim those fees now by filing another case.

If there is a case between you and the tenant, and the contract with her is canceled by a court ruling, then all the terms of the contract become null, including the agreement on the fine for returning checks.

The contract is terminated as the case is now closed upon full repayment of the financial claim to me as the landlord.

Try referring to Article 274 of the UAE Civil Law.

Article 274:

When a contract is or shall be rescinded, the two contracting parties shall be reinstated to their former position, prior to contracting, and in case this is impossible, the Court may award damages.

Thank you, Ahmed!