أسئلة وأجوبة
What's next if a tenant won't pay or vacate despite winning the case in RDC court?
Dear Sir/Madam,
The tenant didn't pay rent for over 7 months. I filed a case, and finally won; the RDC court verdict is to evict the tenant and for them to pay all rent and legal fees.
I contacted the tenant, who refused to move out or pay. What's the next step? Do I file for execution via RDC, or will it be automatic? How much does it cost, and how long does it take?
The tenant is arrogant and said he will not pay until I proceed with execution from RDC, and then he will ask for a one-year payment plan!
The whole procedure is very unfriendly to the landlord, with the tenant risking nothing while the landlord incurs lawyer fees, interest losses, and significant time and effort.
Dear Questioner,
According to UAE law, the next step would be to file for execution through the RDC court. The court will not automatically execute the verdict, so it is the responsibility of the landlord to initiate the execution process.
The cost and time for execution will vary depending on the specific case and the actions of the tenant.
Generally, the landlord will need to pay for the execution fees, which can include court fees, legal fees, and any other related expenses.
The time it takes for execution can also vary, but it typically takes a few weeks to a few months.
If the tenant is refusing to pay and is not cooperating, it may be necessary to involve the police to enforce the eviction order.
The landlord can also seek assistance from a legal professional to ensure that the execution process is carried out smoothly and efficiently.
It is important to note that the tenant may try to negotiate a payment plan, but ultimately it is up to the landlord to decide whether to accept this or to proceed with the execution process. It is recommended to consult with a legal professional before making any decisions.
Overall, the process of evicting a non-paying tenant in the UAE can be challenging and time-consuming. It is important for landlords to be aware of their rights and to take necessary legal actions to protect their interests.
Hello,
Thank you for reaching out!
I understand your frustration and concerns regarding the tenant's refusal to comply with the court verdict despite winning the case.
Regarding your inquiries about the next steps, here is the course of action:
- Execution Filing:
The RDC will not execute the court verdict automatically. You will need to file for execution through the RDC by registering an execution file.
The execution filing fees will be reimbursed, along with any other costs incurred during the legal proceedings, except for the attorney's fees.
- Eviction Process:
Once the execution is filed, a date for eviction will be scheduled. You will receive all the amounts awarded to you by the court until the eviction date.
- Tenant's Payment Plan Request:
If the tenant requests to pay in installments, the court may grant it. However, the tenant will be required to pay 25% of the execution amount upfront, with the remainder payable over several months.
Additionally, you may request a travel ban and issuance of a restraining order if the tenant attempts to evade payment or conceal assets, provided his ability to pay is proven.
If you have any further questions or need clarification, please feel free to contact me. We are here to support you in resolving this matter as efficiently as possible.
Dear Questioner,
Given the tenant's refusal to comply with the court's verdict, you'll need to take further action to enforce the judgment
Once the execution is filed, the RDC court will send a notice to the tenant, requiring them to pay the outstanding rent and legal fees.
If the tenant fails to comply, the court may seize his bank accounts and assets, etc.
Remember that the UAE's legal system is designed to protect both landlords and tenants. While the process may seem lengthy and complex, it's essential to follow the proper procedures to ensure a successful outcome.
