Questions & Answers
Asking the tenant to reissue the rental cheques because they got expired
Hi,
I paid my rent in 4 cheques in the landlord's name and a 5th cheque as a rental fee to the agency.
The agency cheque was cashed straight away. The landlord only cashed the third and fourth rental cheques saying there were problems with his bank account.
He says he does not have the first and second cheques and never received them from the agency (the agency paid all the cheques to his bank directly).
The first two cheques had gone past 6 months and the bank no longer accepts them. I refused to issue the 2 replacement cheques unless I get the old ones back.
I have already left the property. What are the legal implications? Can he sue me for non-payment?
What do you recommend as a solution? I have photocopies of the 4 cheques (including the last 2 he cashed). The flat is in Dubai. It was a non-Rera registered agreement.
Thank you!
Dear questioner,
A cheque that is being presented before the bank and bounced is considered a cheque that was given in bad faith.
In that case, when your landlord holds your bounced cheques, he may hold the right to open a civil and criminal lawsuit against you which is by the virtue of Federal Law No. 3 of 1987, that may result in detention, a fine, a travel ban and/or recovery of net cheque amount along-with 9-12% interest, and court & attorney fees.
However, in your matter, the circulation of the cheques is unclear.
Were they represented before the bank?
Did you hand over the cheques to the agency?
When did you give up the cheques?
Did you seek the receiving from the recipient?
Please explain the brief facts of your matter in order to advise you more adequately.
For further assistance, feel free to contact me via phone or email.
Khubaib Naeem
