How do I handle a non-paying tenant with pending cheques and no contract?

Dear Questioner,

In your situation, to deal with a tenant who has not renewed the rental contract but has provided post-dated cheques and signed a letter agreeing to vacate by October 1st, there are several legal steps you can take in Dubai:

1. No, building security cannot legally prevent the tenant from moving out. Security personnel are not authorized to detain tenants or their belongings over unpaid rent. This would be considered an unlawful act.

2. If the tenant does not vacate the property by October 1st, as per the signed letter, you can initiate legal eviction proceedings through RDC.

For further assistance, kindly share your WhatsApp number.

Dear Questioner,

From the explanation you have given, the building security cannot detain them legally. But sometimes the landlords may use these kinds of measures to make them pay.

It will be better to evict them and deposit the cheque. Later we can file a cheque execution against them.

Under Dubai rental law, an eviction notice is mandatory to evict the tenant from the property. But here, you already have a signed agreement from the tenant, which can be considered mutual consent.

You can deposit the cheque, and file execution procedures against the person who drew the cheque.

If you need further clarification, kindly share your WhatsApp number.

The lawsuit cannot be filed against family members.

Dear Questioner,

1. Building security cannot stop tenants from moving out.

2. Eviction should follow proper legal channels after notifying tenants.

3. The signed letter helps but may not suffice for eviction without additional notices.

4. You can deposit cheques without a contract.

5. Pursuing all family members legally may not be feasible unless they are signatories.

Dear Alaiza,

Thanks for your inquiry!

Regarding the above, we would like to inform you that:

1. Building security cannot stop them from moving out, as they have the right to vacate the property if they choose to do so.

However, if they have not paid the outstanding rent, you can request the building management to hold their security deposit until the rent is settled.

2. If they do not vacate the property by October 1st, you can file a case for eviction and non-payment of rent. You can also deposit the cheques and file a case if they bounce.

3. The signed letter can be used as evidence in court to support your case for eviction. However, it is always advisable to have a written tenancy contract in place.

4. Yes, you can deposit the cheques without a contract, as long as they were issued for the purpose of paying rent.

5. You can pursue legal action against all family members living in the property, as they are all jointly responsible for paying the rent.

Kindly do not hesitate to contact us via phone or email for further guidance.

Greetings,

Dear Questioner,

I understand your concerns regarding your tenant’s late payments and their potential departure without settling the rent. Here’s what you need to know under UAE law:

1. Can building security stop them from moving out until payment is made?

No, building security does not have the legal authority to stop a tenant from moving out, even if rent payments are pending.

Any actions taken to prevent them from moving out must be in accordance with UAE law, and restricting their movement could result in legal consequences for you.

2. Should I evict them on October 1st and file a case?

If your tenant has signed a letter agreeing to vacate by October 1st if payment is not made, you can take steps to initiate eviction if they fail to pay and don’t vacate by the agreed date.

You can also deposit the post-dated cheques. If the cheques bounce, you are within your legal rights to file a case with the Rental Dispute Center (RDC) or through the courts for non-payment of rent and seek to recover the owed amounts.

3. Is the signed letter enough to evict them legally?

The signed letter provides written evidence of the tenant’s agreement to vacate if they do not meet their payment obligations.

This document can support your case if you decide to pursue an eviction through legal channels. However, eviction in Dubai generally requires 30 days’ notice served through a notary public or registered mail if it’s based on non-payment of rent.

4. Can I deposit the cheques without a contract?

Yes, you can still deposit the post-dated cheques even if the tenancy contract was not renewed, as long as the cheques were issued by the tenant and are related to rent payments.

A bounced cheque is considered a criminal offense in the UAE, and you can pursue legal action to recover the funds.

5. Can I pursue legal action against all family members living there?

Your ability to pursue legal action against all family members is limited. The legal responsibility rests with the tenant(s) who signed the tenancy contract and issued the cheques.

- Next Steps:

Deposit the cheques on their due dates. If any cheque bounces, you can file a criminal case for the bounced cheques and a civil case for the unpaid rent through the Rental Dispute Center (RDC).

If they don’t vacate by October 1st, you can file for eviction based on non-payment of rent, supported by the signed letter.

Communicate with the tenant to encourage them to resolve the issue amicably, but be prepared to take legal action if they don’t pay.

If you need assistance with filing the case or enforcing the eviction, feel free to contact me.

Best regards,

Omar Mosaad

Dear questioner,

The building management can intervene if you provide details, but this is not the proper legal approach. Instead, you should evict them immediately and file an execution case on the cheque.

You can only pursue legal action against the tenant who signed the tenancy contract.

If you need further clarification, kindly share your WhatsApp number.

Dear Questioner,

In the event they fail to pay the rent, you will need to file an eviction case, following the process outlined by UAE rental laws.

Please contact us at --------- for a detailed discussion and assistance.

Dear Questioner,

Thank you for reaching out again with your questions about the tenant situation. I understand your concerns, especially with the pending rent and their lack of communication.

Let me address your points:

- Can building security stop them from moving out until payment is made?

Building security typically does not have the legal authority to prevent someone from moving out, even if rent is unpaid.

However, you can take legal steps to safeguard your interests.

- Should I evict them on October 1st, deposit the cheques, and file a case if they don’t pay?

Since you have post-dated cheques and a signed letter, you do have options to pursue eviction and potentially deposit the cheques.

However, the specific legal route depends on whether they vacate and the cheques bounce. Filing a case would be necessary if payment is not made.

- Is the signed letter enough to evict them legally?

While the signed letter shows their intent, eviction still needs to follow the proper legal process under Dubai tenancy laws.

The letter can support your case, but you would still need to go through the proper channels, possibly via the Rental Dispute Center (RDC).

- Can I deposit the cheques without a contract?

Yes, the post-dated cheques can still be deposited even if the contract expired.

- Can I pursue legal action against all family members living there?

As for legal action, your claim would primarily be against the individual(s) who signed the tenancy agreement and issued the cheques, rather than all family members.

To ensure everything is handled correctly and to explore your best options, I recommend we discuss this further.

Feel free to reach out to me via WhatsApp or phone at [--------], or by email at [--------].

Best regards,

Suhail Rana

Hello,

Regarding your situation, it's important to clarify a few points:

- Can building security stop them from moving out until payment is made?

No, you cannot prevent them from leaving. Building security does not have the authority to stop tenants from vacating the premises.

- Should I evict them on October 1st, deposit the cheques, and file a case if they don’t pay?

You cannot evict them on your own; this requires a court order or mutual agreement for eviction. Simply trying to remove them without legal backing is not permissible.

- Is the signed letter enough to evict them legally?

The signed letter allows you to notify them of eviction, but if they do not respond or comply, you cannot evict them solely based on this letter.

- Can I deposit the cheques without a contract?

Yes, you can deposit the cheques, as they are legally binding regardless of the contract status.

- Can I pursue legal action against all family members living there?

You can only take legal action against the tenant whose name is on the cheques, not all family members residing there.

What should you do?

I advise sending a formal legal notice to the tenant, demanding payment within 30 days. If they fail to pay, you will have the right to initiate eviction proceedings and recover the overdue rent and any associated court fees.

It’s crucial to follow legal procedures to save time, money, and effort.

If you need further assistance, feel free to contact us at [---------].

Dear Inquirer,

- Building Security:

Generally, building security cannot prevent tenants from moving out unless there is a legal order or a court decision in place. They typically do not have the authority to stop tenants from vacating the premises.

- Eviction Process:

If the tenants have signed a letter stating they will vacate by October 1st if they do not pay, you can proceed with the eviction on that date.

However, it's advisable to formally notify them of your intention to terminate the tenancy due to non-payment. You can deposit the cheques after the eviction, but if they bounce, you may need to file a case.

- Signed Letter:

The signed letter indicates their intention to vacate if they do not pay, which can support your case for eviction. However, you should still follow the legal process for eviction through the relevant authorities.

- Depositing Cheques:

You may deposit the post-dated cheques even without a current contract, as they are considered valid payment instruments.

However, if they bounce, you can pursue legal action against the tenants. Regarding pursuing action against family members, it may depend on their involvement in the lease agreement.

Typically, you would pursue the primary tenant responsible for the rent. It is best to have a lawyer present to prevent any risks that may occur

If you need further clarification, you can contact us.