Questions & Answers
Eviction of the tenant after providing bounced cheques for rent
I am a property owner in Dubai. A tenant has been living in my property from 2016 until Sept 2020.
This year, due to the concessions by Dubai government, the tenant started excuses saying he won't pay his rental commitment & has bounced two of his rental cheques.
During the eviction process, I came to know that there is also a Trakhees violation by the tenant in 2017 due to overcrowding for which I have taken a guarantee cheque & deposited in the bank which has bounced, as usual.
The tenant claims there is no way he can be apprehended, thanks to the UAE/Dubai govt leniency towards the cheque bounce defaulters, & neither will he pay the amount.
Please advise as I wish to file a case against him & also I am not a resident in the UAE.
Dear Questioner,
Tenancy disputes in Dubai are subject to the provisions of the Law No. 26 of 2007 Regulating the relationship between Landlords and Tenants in the Emirate of Dubai as amended by the Law No. 33 of 2008. Article 25 (1) states that Landlord may demand eviction of tenant prior to the expiry of tenancy period IF the tenant fails to pay rent value or part thereof, within thirty (30) days of landlord’s notification for payment; unless the parties agreed otherwise.
Therefore, you must first notify the tenant to pay the rent (through registered mail or notary public). If the tenant fails to make the payment within 30 days, then the Landlord can demand eviction through a case filed before the Special Tribunal in the Rent Committee who will issue an award to vacate the premises (if the tenant didn't pay there also).
You can give a power of attorney to a lawyer based in UAE, they can issue a notice and file the case for eviction of the tenant on your behalf.
Please contact us on the phone or write to us on email for detailed discussion and assistance in this regard.
Thanks
You can authorize someone by a Power of attorney to work and represent on behalf of you.
You can file criminal cases against the defaulter for cheque bounce.
You can also file a civil case in RERA for recovery of your rent amount and also get an eviction order.
You may contact me directly on the phone or email for further consultation.
