Is settling with my guest for a refund cheaper than legal action to evict him?

Dear Questioner,

Good morning!

Regarding your inquiry, it depends on whether his claim for a refund exceeds AED 15,000. If it does, you will need to sue him and follow the legal procedures to evict him from your property.

This process might take between 2-4 months to get the verdict and execute it. If the settlement amount is less than AED 15k, it would be better to initiate a settlement with him.

We hope this advice meets your needs, and if you have any further inquiries, please don’t hesitate to contact us.

Thanks!

Welcome!

You can file a case against this person and obtain a ruling to evict him from the apartment, as well as claim all damages for his occupation of the property for the entire period.

You must provide sufficient information about the settlement value so that we can advise you in this regard.

Please contact us as we specialize in this type of case to obtain free legal advice that includes all the details.

Dr. Mohamed Allam

Doctorate in Public Law

Head of the Litigation and Arbitration Department at Wafaa Al Hosani Advocates and Legal Consultations

Certified legal advisor in the Dubai Government Legal Affairs Department

Dear Questioner,

1. Legal Options to Resolve the Situation and Remove the Guest:

In a situation where a guest refuses to leave your property and demands a refund for their stay, there are legal options available to you as the property owner.

The specific legal procedures and timeframes may vary depending on the jurisdiction in which your property is located, but generally, the following steps can be taken:

- Notice to Vacate:

The first step would typically involve issuing a formal notice to vacate to the guest. This notice should clearly state the reasons for the request to leave and provide a reasonable timeframe for them to vacate the premises voluntarily.

- Eviction Proceedings:

If the guest fails to comply with the notice to vacate, you may need to initiate eviction proceedings through the appropriate legal channels. This usually involves filing an eviction lawsuit or petition with the relevant court.

- Court Order:

If the court finds in your favor, it will issue a court order requiring the guest to vacate the property within a specified period. Failure to comply with this court order could result in further legal action, such as involving law enforcement to physically remove the guest from the premises.

2. Timeframe for Resolving the Situation:

The timeframe for resolving such a situation can vary significantly depending on various factors, including local laws, court backlogs, and the cooperation of all parties involved.

In some cases, eviction proceedings can be completed relatively quickly, while in others, it may take several weeks or even months to fully resolve.

3. Settling vs. Legal Procedures:

Whether settling with the guest for a refund would be cheaper than pursuing legal procedures depends on various factors such as:

- The amount of refund being demanded by the guest.

- The potential costs associated with legal proceedings (court fees, attorney fees, etc.).

- The potential loss of income from not being able to rent out the property during legal proceedings.

- The likelihood of success in court and recovering any costs incurred.

In some cases, reaching a settlement with the guest may be a quicker and more cost-effective solution compared to engaging in lengthy legal battles.

In this situation, it is advisable to first attempt an amicable resolution with the guest by offering a partial refund or negotiating terms for their departure.

If this approach fails, you may need to pursue legal avenues such as issuing a notice to vacate and initiating eviction proceedings if necessary.

The timeframe for resolving this issue can vary but could range from weeks to months depending on multiple factors.

Whether settling with the guest for a refund is cheaper than pursuing legal procedures will depend on individual circumstances and should be carefully evaluated based on potential costs and outcomes.

Given the urgency of the situation, consulting with a legal expert promptly is recommended to understand your rights, explore available options, and take the appropriate steps to remove the guest from your property.

If you require assistance in finding a legal advisor, please provide more details, and I can help you locate appropriate legal resources.