I received a legal notice to pay rent and cleared the amount. Can the landlord ask me to pat late fees penalty?

Dear Client,

Thank you for your inquiry regarding the validity of late fees claimed by your landlord after you have cleared the amount specified in the legal notice.

Below, I have provided a detailed analysis based on Dubai tenancy laws and the terms of your contract.

1. Validity of Late Fees

Under Dubai Law No. 26 of 2007 (as amended by Law No. 33 of 2008), landlords can impose late fees only if explicitly stated in the tenancy contract.

Based on the wording in your contract, "A penalty of AED 100 will be charged for each day the rent is late in case of a bounced cheque," the landlord may have grounds to claim late fees. However, there are important considerations:

A. Legal Notice Requirements

- A legal notice must clearly outline all claims, including rent dues, utility bills, or penalties, as per UAE law.

- If the legal notice served to you did not mention late fees, the landlord may lack grounds to demand them retroactively.

B. Proof of Payment

- You have provided evidence of initiating payment and made a partial payment (40%) in good faith while waiting for the recall process.

- Proof of these actions demonstrates compliance with your obligations and may mitigate or invalidate late fee claims.

C. Reasonableness of Late Fees

- Late fees must comply with UAE regulations, which stipulate that penalties cannot exceed 10% of the annual rent. If AED 100 per day exceeds this threshold, it could be deemed excessive by the Rental Disputes Settlement Centre (RDSC).

2. Steps to Address Late Fee Dispute

If you believe the late fee claim is unjustified:

1. Communicate with Your Landlord:

- Provide all proof of payment attempts and partial payments.

- Highlight that late fees were not mentioned in the legal notice and request clarification.

2. File a Complaint with RDSC:

- If the landlord insists on late fees despite your compliance, you can file a dispute with the Rental Disputes Settlement Centre (RDSC) under the Dubai Land Department.

- Submit supporting documents such as:

- Tenancy contract terms.

- Legal notice copy.

- Proof of rent transfer and recall.

3. Seek Legal Assistance:

- Engage a lawyer specializing in tenancy disputes to represent you during mediation or arbitration at RDSC.

3. Key Considerations

- The landlord’s claim for late fees must align with both the tenancy contract and legal notice requirements.

- If penalties are excessive or unsupported by evidence, they may be invalidated during dispute resolution.

How We Can Assist You

Our firm specializes in tenancy disputes and can assist with:

1. Reviewing your tenancy contract and advising on late fee validity.

2. Filing complaints or counterclaims with RDSC to contest unjustified claims.

3. Representing you during mediation or arbitration proceedings to ensure fair treatment.

Should you wish to proceed, please contact us for a consultation, and we will provide tailored solutions to resolve this matter efficiently.

Best regards,

ABDUL WAHIED

Dear questioner

If your contract mentions the late payment penalty, then you are liable to pay the same even though the legal notice does not mention it.

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

Based on the information you've provided and the tenancy laws in Dubai, it is likely NOT valid for your landlord to demand additional late fees within the timeframe of the legal notice if those fees were not explicitly mentioned in the notice itself.

The primary purpose of a legal notice for rent arrears is to formally inform the tenant of the outstanding rent amount and provide a specific timeframe to settle this debt to avoid further legal action.

The tenant has a right to know the exact amount they need to pay to comply with the legal notice and avoid further consequences.

If additional fees are demanded after the principal amount is paid, it creates ambiguity and could be seen as unfair, especially if the tenant acted in good faith to clear the amount stated in the notice.

If you need further clarification, you may ask.

According to UAE law, if you have paid the full amount specified in the legal notice within the given deadline, you are considered to have complied with the notice.

The landlord cannot demand additional late fees within the same notice period if those fees were not clearly mentioned in the notice.

However, the landlord may separately claim late fees afterward if they are clearly stated in the rental contract.

Our legal office specializes in rental disputes and real estate matters in the UAE, and we can assist you in assessing your case and formally responding to the landlord.

For direct legal support, contact us via WhatsApp.

Dear Inquirer,

If the legal notice only specified the rent amount without mentioning late fees, the landlord cannot generally demand additional charges retroactively within the same notice period unless clearly stated in the contract and the notice itself.

However, the validity of such a claim depends on the specific terms of your lease agreement.

To protect your rights and respond appropriately, we recommend booking a consultation or authorizing Future Vision for Advocacy and Legal Consultancy to handle the matter on your behalf.

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.