Questions & Answers
Right of the landlord to claim penalty from the tenant for early exit
Hi,
My question pertains to a rental cheque bounce where the property is in Dubai and the landlord is based in Abu Dhabi.
Due to unexpected circumstances, we informed the landlord of cancelling the tenancy contract midway.
And in spite of giving 2 months notice and paying the rent for the number of days stayed, the landlord deposited the upcoming rent cheque - which bounced.
The contract has a 2-month rent penalty which the landlord is claiming.
The landlord filed a criminal case in Abu Dhabi, and I was forced to pay a fine of AED 26,000 at the Abu Dhabi police station. The bounced cheque is for AED 127,500.
Now the landlord is filing a civil case for the entire cheque value when his due is only AED 28,300 (2 months rent). The annual rent was AED 170,000.
1. Can he successfully file a civil (cheque bounce) case and get a judgement in Abu Dhabi? If so, can I appeal?
2. As this is a rental issue, should it only be heard in the Rental Dispute Committee in Dubai?
Thank you for your time,
A.
Dear questioner,
This case should be heard in the Rental Dispute Center Dubai only. Further, we can help you in this case.
Kindly contact us at our phone for a detailed discussion or write to us at our email for further assistance.
Hello A.,
If there is a penalty for early contract termination specified in the contract, the landlord may claim it.
Rental disputes should be referred to the RDC. It is not clear though on which basis the cheque has been deposited.
However, the right of Appeal of Respondent in any civil lawsuit is reserved by law.
You may contact us by phone for a free consultation. Ask for Olga.
