أسئلة وأجوبة
Can I collect rent from a subtenant while evicting my non-paying tenant?
Dear Lawyers,
My non-paying tenant, whom I have served notice to, is openly subletting my flat without any fear of the law.
I received a call from the subtenant that my tenant has temporarily disconnected his DEWA and is threatening him to move out, while the subtenant is willing to pay me cash and wants to stay there.
My questions are:
- Is it possible to benefit from the sublet rent while the eviction case is being filed?
- Should I get an RDC inspection done first to prove subletting by my tenant, and then accept money from the subtenant without any agreement for the period until my case is resolved?
The people involved are a complete mafia who know the laws very well and will not pay a dime despite a travel ban, etc.
- How can I ask the current subtenant to stay so that these individuals don’t sublet it again, especially with the high season approaching?
- Also, can a criminal complaint be filed?
Dear Questioner,
It’s advisable to have the Rent Dispute Committee (RDC) inspect the property to gather evidence of the subletting.
Document any communication you have with the sublessee (e.g., text messages, emails) as evidence that your tenant is unlawfully subletting the apartment.
While you may technically accept rent from the sublessee, be aware that this could complicate your legal position regarding the eviction of your primary tenant.
If you collect rent without a formal agreement, it may create ambiguity about your intentions and could be interpreted as an acknowledgment of the subletting arrangement.
Continue with your eviction process against the primary tenant through the RDC. Ensure you have all the necessary documentation to support your case.
If the actions of the tenant and sublessee involve harassment or threats, you may have grounds for a criminal complaint.
Dear questioner,
It would be better to report the subletting and prove it through RDC. Otherwise, if you accept rent from the subtenant, it will be an acknowledgment that you accept the subtenant, and you may face issues questioning this later during the eviction process.
If you need further clarification, kindly share your WhatsApp number.
1. Proving the sublease incident.
2. You need to issue a legal warning.
3. After the legal period has passed, a lawsuit for eviction must be filed for violating the terms of the lease agreement, and the tenant must be obligated to pay the accumulated rent until the eviction is fully executed.
No need to worry; we can provide full support and take all legal actions in your favor easily and smoothly.
You can contact us to take the necessary action. WhatsApp number [--------].
Hi,
Good morning!
While subletting without the landlord's consent is generally illegal in the UAE, filing a criminal complaint might be challenging unless there's clear evidence of criminal activity.
An RDC inspection can provide evidence of subletting, which might be helpful in your case. However, it's important to consult a lawyer to understand the potential implications and costs of such an inspection.
For further assistance, kindly share your contact details.
Maideid Al Mansoory Advocates and Legal Consultants
Dear Questioner,
Obtaining an RDC inspection report can provide evidence of subletting. This can be used to strengthen your case during the eviction proceedings.
You could consider contacting the subtenant directly and informing them of the situation. If they are willing to pay rent directly to you, you could negotiate a temporary arrangement until the eviction process is complete.
However, this would be a risky approach as it could potentially complicate the eviction process. We will discuss all the possibilities in detail.
Kindly share your WhatsApp number to proceed with us.
Dear Questioner,
Thanks for your inquiry!
It is not legal for your tenant to sublet your property without your permission. You have the right to evict your tenant for this violation of the lease agreement.
However, if you choose to allow the subletter to stay in the property and pay rent, you can do so. You can also file a criminal complaint against your tenant for subletting without your permission.
It is recommended that you consult with us as a lawyer at [---------] to discuss your options and the best course of action in this situation.
Greetings,
Dear Questioner,
Your situation involves complex legal issues, and here's a breakdown of your options under UAE law:
1. Subletting Without Permission
- Legal Standpoint:
In Dubai, subletting is generally prohibited unless expressly allowed in the tenancy agreement. If your tenant is subletting your property without your permission, this constitutes a breach of the tenancy agreement. This could be a strong ground for filing an eviction case against the tenant.
- RDC Inspection:
You can request the Dubai Rental Dispute Centre (RDC) to conduct an inspection to gather evidence of the unauthorized subletting. This would help in strengthening your case for eviction.
2. Collecting Rent from the Subtenant
- While the Eviction Case is Pending:
If the subtenant is willing to pay you directly and live in the property, you may be tempted to accept the rent.
However, collecting rent from the subtenant could be seen as you recognizing their tenancy, which might complicate or delay your eviction case.
It could also give the subtenant rights as a "de facto tenant," which could make things more difficult for you later on.
- Alternative Option:
You may be able to enter into a temporary arrangement with the subtenant, but this should be formalized legally through a written agreement. However, it’s advisable to seek legal advice before doing this to ensure it doesn’t affect your ongoing eviction case.
3. Criminal Complaint
- Potential Fraud and Illegal Activity:
If you believe the tenant is acting in bad faith or engaging in illegal activities (e.g., subletting without permission, collecting rent from the subtenant, and failing to pay you), you may consider filing a criminal complaint for fraud or breach of trust.
In some cases, subletting without authorization could be a basis for a criminal complaint, especially if there’s evidence of deceit or fraud involved.
4. Actions to Take
- RDC Inspection:
Proceed with the RDC inspection to document the unauthorized subletting. This will give you solid evidence for your eviction case.
- Eviction Case:
File your eviction case based on non-payment of rent and unauthorized subletting. With the RDC inspection report, your case for eviction will be stronger.
- Temporary Rent Arrangement:
If you still want to benefit from rent during the eviction case, consult with a lawyer to draft a temporary rent agreement with the subtenant.
This should specify that the agreement does not create a long-term tenancy right for the subtenant, and it is subject to the outcome of the eviction case.
- Criminal Complaint:
If the tenant’s actions are causing you significant harm or involve fraud, consider filing a criminal complaint. However, you’ll need to gather substantial evidence to support such a claim.
Given that the tenant appears to be familiar with the legal system and may exploit any loopholes, it is advisable to approach this situation carefully and ensure all actions are backed by legal advice to avoid further complications.
Regards,
Omar Mosaad
