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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!

Jasim Almaeeni Advocates & Legal Consultants
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17 Oct 2019, 11:14

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

17 Oct 2019, 13:20

Hi Khubaib,

Thank you for your reply!

The cheques never bounced. They were never cashed and they became over 6 months old and could not be presented to the bank anymore.

But the landlord claims he does not have the cheques anymore. He claimes that the bank declined to cash them due to the date being over 6 months and he never got them back and is asking for replacement cheques.

I am insisting on having my cheques back before doing anything; hence it is a deadlock.

What do you advise?

Can I still be in legal trouble considering there are no bounced cheques and it is just a matter of payment?

Is the rental contract valid considering it is not RERA registered?

Thanks!

17 Oct 2019, 13:59

As per my understanding, If you have lived in that property and you paid the rent in the shape of 4 cheques out of which 3rd and 4th were encashed, maybe the landlord's claim for recovery of the first 6 months rent against you will be accepted by the RDC and he may file a case against the agency for not transferring the funds within prescribed time and also for not registering the Ejari with RERA.

Please note that the landlord has a right to file a complaint against the bank for not returning the cheques if not valid for encashment.

Please share the rental agreement with me in my email so that I may advise you more appropriately.

17 Oct 2019, 14:08

Thank you, Khubaib!

I will do that.

17 Oct 2019, 14:11

You are most welcome.

I will be looking forward to your email.

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