Changed my mind before signing the lease agreement. Are my post-dated rent checks at risk?

A legal notice must be submitted to the owner regarding non-cashing of checks or misuse of checks.

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Dear Sir/Madam,

Thank you for sharing the details of your situation!

Based on the information provided, here is a professional response addressing your concerns:

1. Legal Status of the Lease Agreement:

Without a signed tenancy contract, there is no legally binding agreement between you and the landlord. As per Article 4 of Law (26) of 2006 in Dubai, a rental agreement is only considered valid when a tenancy contract is signed by both parties.

2. Post-dated Checks:

While you have provided post-dated checks for the second and third payments, the landlord does not have the legal right to cash these checks in the absence of a signed lease agreement.

To protect yourself:

- Contact the agent and landlord in writing to formally state that you no longer wish to proceed with the rental.

- Request the immediate return of your post-dated checks.

- If there is any concern about misuse of the checks, consider contacting your bank to inquire about stopping payment on these checks.

3. Deposit and Agency Fee:

Since no tenancy contract has been finalized and no payments have been transferred, you are not obligated to pay the deposit or agency fee.

It is important to ensure that any future payments are only made after a tenancy contract is signed and all terms are agreed upon.

4. Agent’s Request for Additional AED 2,000:

The agent’s request for an additional AED 2,000 beyond the agreed amount raises concerns about unethical practices.

Real estate agents must comply with regulations set by the Real Estate Regulatory Authority (RERA) in Dubai, which govern their fees and conduct.

If you suspect misconduct, you may file a complaint against the agent with RERA through the Dubai Land Department (DLD).

5. Next Steps:

To address this matter effectively:

a. Communicate in Writing: Send a formal email or letter to both the agent and landlord, confirming that you are withdrawing from the rental process due to the lack of a finalized lease agreement.

b. Request Your Checks Back: Politely but firmly request the immediate return of your post-dated checks.

c. File a Complaint if Necessary: If your checks are not returned or if there is an attempt to cash them without a valid contract, file a complaint with RERA via:

- The Dubai REST app

- The DLD website

- In-person at a DLD service center

6. Recommendations for Future Rentals:

Avoid providing post-dated checks or any form of payment before signing a tenancy contract. Ensure that all terms are clearly outlined in the tenancy agreement before signing. Verify that any agent involved is registered with RERA.

In conclusion, without a signed tenancy contract, you are not legally bound to proceed with this rental. Taking prompt action to retrieve your checks and documenting all communications will help safeguard your interests.

Should you require further assistance or clarification, please do not hesitate to contact us.

Yours sincerely,

ABDUL WAHIED

Hello,

The checks are usually meant to guarantee future payments based on an existing agreement.

Since the lease agreement has not been signed yet, you technically have no obligation to make payments as per the checks, as no formal agreement has been concluded.

The landlord should not be able to cash the post-dated checks for the second and third payments unless the lease agreement has been signed or some form of agreement is in place.

If the landlord attempts to cash the checks before the agreement is finalized, you may have grounds to dispute the transaction. The checks should only be cashed once the lease terms are legally binding.

Greetings,

Since you have not signed the lease agreement, you are not legally bound by its terms. However, if the agent has already handed over your post-dated checks to the landlord, there is a risk that they could be cashed.

You should immediately contact your bank to inquire about stop-payment options and formally notify the agent and landlord in writing that the lease was never finalized.

Regarding the agent’s demand for an additional AED 2,000, this raises concerns about unethical or unlawful practices. You may have legal grounds to recover any undue payments or take action against the agent if misconduct is involved.

To protect your rights and explore your legal options, we recommend booking a consultation with us to handle the matter on your behalf.

Dear Questioner,

Thank you for your inquiry!

Based on the information you provided, here is my legal advice:

1. Post-Dated Checks:

Since no lease agreement has been signed, the landlord or agent should not cash the post-dated checks for the second and third payments. Post-dated checks are generally invalid without a signed contract. I recommend immediately contacting the agent to request the return of the checks.

2. Additional 2,000 Dirhams Request:

The extra 2,000 dirhams request by the agent is concerning, especially if it was not agreed upon. Agents must follow RERA guidelines, and unauthorized charges could be considered illegal. You should ask for clarification from the agent and, if necessary, file a complaint with RERA.

3. Next Steps:

- Contact the Agent: Request the return of the post-dated checks and clarify the additional charges.

- Legal Action: If the agent or landlord proceeds improperly, legal action through the Rent Dispute Settlement Centre (RDSC) may be required.

Please let me know if you need further assistance or if I can assist in taking any further steps.

Best regards,

Mohammed Salah

Legal Consultant

You are not legally obligated to pay anything since no lease has been signed.

The landlord may attempt to cash your post-dated checks; however, if you contest this action based on lack of an executed contract and clear communication regarding payment conditions, you may have legal grounds.

The request for additional fees should also be questioned and potentially reported if deemed inappropriate.