أسئلة وأجوبة
How to get a tenant to sign a new contract despite disputes with the previous landlord?
Dear Team,
I recently purchased a studio on May 10th for 660k, which is currently rented out for 60k in 2 cheques.
The second cheque is due on June 1st. We have approached the tenant to sign the new contract and provide the new cheque under my name.
She is refusing to do so due to an "ongoing" dispute she claims to have with the previous agency and landlord regarding chiller charges.
She alleges that she was informed that the unit is chiller-free, although this was not specified in the contract. She insists it was verbally communicated during her property viewing, but there is no written documentation to support this claim.
I seek your advice on how to proceed to compel the tenant to sign the contract and provide the new cheque promptly, as she has indicated no intention to vacate the premises or issue the cheque.
It is important to note that none of these issues was disclosed to us by the previous agent during the transaction.
I appreciate your guidance on handling this matter effectively.
Dear Questioner,
You must first notify the tenant that you have become the new owner of the studio.
If the tenant does not pay you rent, in this case, you must send a notice to pay or vacate through a notary, and after (30) days have passed from the date the tenant receives the warning, a lawsuit must be filed in court to evict the tenant and receive the rent.
If anything else is required, don’t hesitate to contact us via email or call our offices in Dubai or Sharjah.
Jasim Al Haddad Law Firm
Legal Counsel and Consultations
Dear client,
You can send a legal notice through the notary public to her, demanding payment in your name or vacating the property within one month.
If interested, we can prepare the legal notice for you.
Please contact us for information regarding expenses. WhatsApp contact: [---------].
Best regards,
Dear Questioner,
Thank you for reaching out with your concerns regarding the rental property you recently purchased. I understand the importance of resolving this issue promptly and effectively.
Given the circumstances you've described, it appears that there is a dispute between the tenant and the previous agency/landlord regarding chiller charges.
While verbal agreements can sometimes be made during property viewings, it's essential to have all terms and conditions documented in the rental contract to avoid misunderstandings and disputes.
To address this situation, I recommend taking the following steps:
- Review the Existing Contract:
Carefully review the rental contract to determine the terms regarding chiller charges. If there is no mention of chiller charges being included or excluded, the tenant may not have a legal basis for refusing to sign the new contract or provide the second cheque.
- Communicate Clearly:
Reach out to the tenant in writing, acknowledging their concerns regarding the chiller charges. Politely remind them that the terms of the rental agreement are binding and that any verbal agreements not documented in the contract may not be enforceable.
Emphasize the importance of fulfilling their contractual obligations, including signing the new contract and providing the second cheque as agreed.
- Negotiation and Resolution:
If the tenant remains reluctant to sign the new contract or provide the cheque, consider initiating a dialogue to negotiate a resolution.
This could involve offering a compromise, such as addressing the chiller charges separately or providing assurance regarding any concerns they may have. However, it's essential to protect your rights and interests during negotiations.
- Legal Options:
If communication and negotiation do not yield a satisfactory outcome, you may need to explore legal options to enforce the terms of the rental agreement. As your attorney, I can provide you with legal advice and representation to resolve this matter through legal channels.
I recommend scheduling a consultation with me to discuss your specific situation in more detail and explore the best course of action.
You can reach me via WhatsApp or phone [---------------], or by email.
A legal warning can be issued to request the issuance of new checks in your favor.
Alternatively, you can hand over the checks issued to the previous owner in exchange for new checks made out in your name, or you can contact the old owner to endorse the checks in your name.
For further inquiries, do not hesitate to contact us.
Mohammed Sheir
