Q: I got an apartment from a real estate agent. He said he has not received a single dirham. The real estate guy has done this with almost 10. The owner is not issuing me NOC… A: You have to issue a notice to the owner and file a rental case to stop the rent. Pay rent as well for all this period…

All cities, UAE

305

Ending the tenancy with the owner to stop rent and bills

Hello Sir,

Please advise me in the below matter.

In Nov. 2019 I got an apartment from a real estate agent, made the payment of 19k in one cheque. The cheque was encashed (in the name of real estate co).

After 15 days, I received a contract from him but the terms were mentioned as 22k and 6 cheques. I inquired about the reason & he said you have paid in 1 cheque hence there is a discount from the owner but the contract is made at the market value.

After approx. 10 months I received a call from one person claiming to be the owner of the apartment and he said he has not received a single dirham.

The real estate guy has done this with almost 10 of his apartments & has run away. The contract finished on Dec,19 but the owner is not issuing me NOC as I have moved out of the apartment. I requested him many times but he denied.

I'm still paying SEWA even not in the apartment & maybe municipality charges also building up just to avoid defaulting on the bank payments.

What can I do to resolve this issue peacefully since the owner is not listening to me at all? (I have all the receipts).

Mohamed Noureldin

Nour Attorneys & Legal Consultants

Chat

Hire

Meet

5 Jan 2020, 16:17

You have to issue a notice to the owner and file a rental case to stop the rent.

If you are not paying and not evacuating, then you will have to pay rent as well for all this period even if you are not utilizing the unit unless you can prove that the owner is the one holding the NOC without legal reason.

To get legal assistance, kindly contact us by email.

6 Jan 2020, 13:24

Thank you, Sir, for the response.

On 14 Dec 2019, the contract finished and I left on 05 Dec 2019 almost 10 days before.

The apartment is vacant, the only issue is NOC and cancellation of SEWA and Municipality.

Only thing I doubt is the amount paid actual as 19k in single cheque Vs. 22K in six cheques mentioned in the contract.

Do you think this will be an issue?

6 Jan 2020, 17:27

He can file a civil claim for the difference but also note that issuing the cheque shall be on the name of the owner. He may come to claim the full money.

Actually, you have been scammed by the company and not the owner.

The owner may go to claim that full amount is not paid, but you can argue that the cheques have been paid and you received the original cheques, yet also you don't have proof of handing over the cheques to the company.

If your owner consulted a lawyer, it will be a problem for you.

7 Jan 2020, 08:19

Ok, now what's next for me and how much it will cost me as a total to wrap up this matter?

Just FYI, I have the receipt of the transaction I had with the real estate co. And contract in my name.

It is a standard practice that contract is made after encashing some initial amount so the owner might have got something in advance, right?

7 Jan 2020, 08:49

Ok, we can examine the case and draft your court memos which you can submit it by yourself to the court to ensure you win the case and save the cost as well if you can attend.

If you agree on this, we can provide you with an offer with the same, and if you need a lawyer to represent you in the court, please advise.

7 Jan 2020, 12:03

Thank you for ur response. Can I have a fair estimation of the cost to check the case cost VS rent and my budget...etc?

7 Jan 2020, 12:15

We can charge you AED 4,000.00 to provide you will legal assistance during legal case while you represent yourself on the court.

We will provide you with all the court memos and drafts to be submitted, also we will advise you about the case process and all the steps you shall execute.

We can help with some steps through the POA.

7 Jan 2020, 13:42

Ok, I will be in touch.

Thank you for your kind advice.

Was this content helpful?