Questions & Answers
Demand of rent without agreement and deposit of security cheque
I was a resident of Sharjah and was staying in a 2 BHK apartment.
As I was looking for a furnished apartment on rent for a short span of 6 months only, the landlord denied to make the agreement but verbally decided to accept the rent upfront each month and asked for 1-month rent as security.
I objected to giving any security deposit but promised to pay rent at the beginning of each month and gave him a cheque with 1-month rent amount if I don’t make the payment at the beginning of the month but not a security deposit.
Due to living with the family, I had to look for another option I moved to a new apartment before the new month started.
Now, the landlord is asking for rent for the month in which I’m not going to stay and threatening me to deposit the cheque of AED 1,600/- and get the cheque bounced and take legal action to put me behind the bar.
I have paid AED 1,000/- for utility in advance for which bill was generated as AED 640/- only. What are the legal ways to come out of this??
Dear Sir/ Madam,
Thank you for reaching out to me on this.
Please note that you may be exposing yourself to two legal actions:
Firstly, the landlord can rightfully deposit the cheque, and if bounced, then file a police case against you.
Since you have signed the cheque and given to him with no undue influence, the landlord in law has a right to proceed accordingly.
Since the case will be filed in Sharjah, you will be called by the police to amicably settle the matter by paying the cheque amount in full.
In law, you are liable for the full amount mentioned in the cheque.
Secondly, the landlord may also file a rent dispute case against you to claim the shortfall of rent.
This will be a civil case in nature. Further, you may also file a rent dispute case against the landlord to claim the excess utility bill paid by you.
I suggest you amicably try to settle the matter as the landlord is holding leverage over you by having a cheque.
Regards,
Hari Wadhwana
