أسئلة وأجوبة
I lost the appeal filed by my landlord. What can I do if he illegally keeps my last cheque and deposit?
I got RDSC judgment in my favor awarding termination of my lease from May 2024 to May 2025. The landlord made an appeal and lied about my request for termination on 4 December.
My lawyer didn't give any response so the landlord won the appeal. Recently, the Landlord asked for the keys back and said I have overstayed since 4 Dec for not returning the key.
He said he could cash my last rent cheque and wouldn't return the deposit. I gave him my friend's address and said to pick up the key from there but to return my deposit and last rent cheque but he does not agree.
He wants to keep the deposit.
Greetings,
If the RDSC initially ruled in your favor but the landlord won the appeal due to misrepresentation, you may still have legal options to challenge the decision or negotiate a fair resolution.
Overstay & Key Return: If your lease termination was upheld, the landlord cannot arbitrarily claim overstay charges from December unless legally justified.
Rent Cheque & Deposit: The landlord cannot cash the last rent cheque if the lease is terminated. You may have grounds to dispute this and recover your security deposit.
Legal Action: You can escalate the matter to enforcement or seek a legal objection to the appeal outcome if there was misrepresentation.
To protect your rights and recover your funds, we strongly recommend consulting a legal expert. Book a consultation with Future Vision for Advocacy and Legal Consultancy today for tailored legal assistance.
We are happy at Future Vision Law Advocates and Legal Consultancy to assist you and provide the best legal services that meet your needs.
To contact us, you can call or WhatsApp us.
Based on what you’ve described, it seems that you have grounds to contest both the claim of overstaying and the withholding of your deposit if you can substantiate your position with evidence from previous rulings and communications.
It is advisable to consult with a qualified attorney who specializes in tenant rights to navigate this situation effectively.
Hello,
Your security deposit should be returned unless there are specific damages or unpaid bills.
If there are no damages to the property or outstanding charges, the landlord is legally obligated to return it to you. The fact that he wants to keep it may be a violation of your rights as a tenant.
If you have already paid your last rent cheque and there is no outstanding balance, the landlord should not be allowed to cash it.
However, if the cheque is cashed and it was not due to rent arrears, you might have a legal claim to recover the money.
If the landlord refuses to return the deposit or is attempting to keep the last rent cheque without justification, file a formal complaint with the Real Estate Dispute Settlement Center (RDSC).
They can intervene and help you resolve the issue, including enforcing the return of your deposit and dealing with any unlawful claims.
For further assistance, kindly share your Whatsapp number.
Dear Questioner,
Thank you for reaching out with the details of your case.
Based on your inquiry, I would like to address the key issues and suggest the next steps.
Judgment in Your Favor and Appeal:
Since the RDSC judgment was awarded in your favor regarding the termination of your lease from May 2024 to May 2025, the landlord’s attempt to appeal this judgment and make claims that you requested termination on 4 December seems to be incorrect.
If the landlord has won the appeal based on false claims, there may be grounds to challenge the appeal decision.
Overstay Allegation:
The landlord’s assertion that you have overstayed since 4th December is inconsistent with the judgment that was awarded in your favor.
Based on the terms of the RDSC ruling, you should not be held liable for any overstay if the lease termination was validly granted starting in May 2024.
Return of Keys and Deposit:
Regarding the keys: You have made a reasonable offer for your friend to return the keys on your behalf. The landlord cannot lawfully refuse this, provided the keys are returned in good condition and there are no outstanding rent or maintenance charges.
Concerning the security deposit: The landlord cannot legally withhold the deposit unless there is evidence of damages or outstanding rent.
If the property is in the same condition as when you moved in and there are no unpaid dues, the landlord is obligated to return the deposit to you.
As for the last rent cheque, the landlord should not be able to cash it unless there are outstanding payments. Ensure that all rent payments are up-to-date and there is no legal basis for the landlord’s claim.
Please let me know if you would like to discuss these options further or if you need assistance in filing a dispute or challenging the appeal.
Best regards,
Mohammed Salah
Legal Consultant
Greetings of the day,
It seems your situation requires prompt legal attention to address the landlord’s actions regarding the appeal, keys, and deposit.
Our legal services are available to help you navigate this matter and ensure your rights are protected.
Best Regards,
Sara Al Saedi Advocates and Legal Consultants
Hello,
Since the landlord is refusing to return your security deposit and is threatening to cash the last rent cheque despite the lease having been terminated by the RDSC judgment in your favor, you are legally entitled to initiate a Payment Order request (أمر أداء) before the Dubai Rental Dispute Centre to claim the refund of your deposit.
If you prefer to have a direct discussion, please let me know, and I will guide you on how we may proceed.
Alternatively, if you require further clarification, you may kindly share your WhatsApp number here so that I can provide more detailed assistance.
