أسئلة وأجوبة
What can I do if the tenant is subletting my property and not paying rent?
The tenant is not paying and subletting nor getting utilities connected in their name. He also changed the door lock after moving in.
His security cheques and rental cheques are bouncing & he knows that he will get a. notice so he is prepared for that too.
He is part of a tenancy scam where these people pay the first month's rent as cash then the security deposit post-dated cheque which gets bounced.
Can we file a lawsuit directly or do we have to first send a notary notice for vacating and cheque bounce? Can one notice serve both?
And can we go to our flat and get details of those staying there?
Please advise.
They also changed locks and only last month Ejari was signed.
Hello dear questioner,
Before we begin filing the eviction lawsuit and oblige him to pay the due rent, we first send a 30-day legal warning from the court for non-payment of the rent, and then we discuss the rest of the procedures to proceed with the lawsuit.
For further discussion, please share your WhatsApp number.
Dear Inquirer
We are pleased to serve you and address your inquiries.
You can take legal action against him for non-payment of rent, subletting, and requesting eviction of the property.
If anything else is required, don’t hesitate to contact us via email or call our offices in Dubai or Sharjah.
Jasim Al Haddad Advocates & Legal Consultants
Dear questioner
For immediate eviction, it will be better to send the legal notice first and then initiate the complaint in RDC.
In the legal notice, we need to claim the penalty charges as well as the compensation for the alterations made to the apartment and the subletting.
If you need further clarification, kindly share your WhatsApp number to discuss this further.
Dear Questioner,
Thanks for your inquiry.
Regarding the above, we would like to inform you that, according to UAE law, the landlord has the right to file a lawsuit directly against the tenant for non-payment of rent and subletting without permission.
The landlord can also file a case for changing the door lock without permission.
In order to file a case, the landlord must first send a notary notice for vacating and a cheque bounce to the tenant.
This notice can serve both purposes and can be sent through a notary public or through registered mail.
The landlord can also go to the flat and get details of those staying there, as long as they have a valid reason and permission from the authorities.
However, it is recommended to seek legal advice before taking any action.
It is important to note that the landlord must follow the proper legal procedures and obtain a court order before evicting the tenant or taking any action against them.
It is also advisable to keep all communication and documentation related to the case for evidence.
In case of a tenancy scam, the landlord can file a complaint with the relevant authorities and provide all the necessary evidence to support their case.
It is important to act quickly and seek legal assistance to protect your rights as a landlord. Kindly do not hesitate to reach out to us at our email or phone for specific assistance.
Greetings
From the explanation you have given, there are several defaults on the part of the tenant.
Everything constitutes a breach of the contract, still, you have to serve him the 30 days' notice from the Notary public to evict him from the property.
If you can still access the property, you can try to have the utilities transferred back to your name. This will help to prevent further financial loss.
We will discuss the possibilities in detail. Kindly share your WhatsApp number to proceed.
One notice can serve both eviction and outstanding amounts.
There are a few documents needed for the notice:
1- lease agreement
2- title deed
3- Emirates ID of the landlord and tenant
4- mobile and email address of both parties
This notice will give a chance for the tenant to settle within a month.
If he ignores the legal notice then we can proceed with filing the lawsuit for confidentiality.
There is no need to explain the process for the lawsuit at this stage.
Contact us through WhatsApp for assistance.
Dear client,
For bounced cheques, we can file execution directly at the court, and no need for notice, but to vacate him, we must send notice 30 days before.
If you want us to serve a notice or take legal action against him, please contact us on the phone.
Best regards
Thank you for reaching out with your detailed query.
Based on the situation you’ve described, you have several legal avenues to explore.
Firstly, in cases of bounced cheques, you can file a criminal complaint with the police, as cheque bouncing is treated as a criminal offense in the UAE.
Regarding the tenancy and eviction, it is typically advisable to first serve a legal notice (this can be done via a notary public) demanding the tenant vacate the premises due to a breach of the tenancy contract, such as subletting without permission and failure to pay rent.
One notice could potentially cover both the eviction demand and the bounced cheque issue, but it's crucial to ensure the wording is precise to avoid any complications later.
As for entering the flat to get details of those staying there, it is essential to follow the legal process.
Any direct action, such as entering the premises without the tenant’s consent, could lead to legal consequences.
However, we can file for the right to inspect the property under the grounds of suspected subletting or contract violation.
I recommend we schedule a consultation to discuss the details further and plan the best course of action for your case.
Please feel free to contact me on WhatsApp or phone to discuss this in more detail.
Best regards,
Suhail Rana
In your situation, considering that the tenant is not paying rent, is involved in subletting, has bounced cheques, and has changed the locks, my advice would be as follows:
Eviction Case: You can directly file an eviction case with the Rental Dispute Center (RDC). Since the tenant is violating the terms of the lease (non-payment, bounced cheques, subletting without permission, and changing locks), these are valid grounds for eviction under Dubai’s rental laws.
Notice Requirement: Before filing the eviction case, it is generally required to send a 30-day notary notice to the tenant demanding payment of rent or vacating the premises.
This notice will help in speeding up the legal process in court. The same notice can cover both the eviction request and the bounced cheque issue, as both are related to breaches of the tenancy agreement.
Access to Property: You have the right to inspect your property as the landlord. However, given that the tenant has changed the locks, you should proceed carefully.
If you suspect illegal subletting or other breaches, it is advisable to include these details in your case to the RDC, and they will guide you on the best approach for regaining access to the property.
Given the tenant's actions, filing a case in the RDC is the most appropriate step to recover possession of your property and resolve the issue of unpaid rent and bounced cheques.
Best regards,
Omar Mosaad
