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Can the developer rent the apartment before handing it over to the buyer?

Can a developer rent your ready apartment before handover and then give you a supposedly used apartment on the final instalment payment?

Note: due to issues on VAT and Snags, the final instalment has been delayed and also the project actual handover was delayed by +24 months from the original date.

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Al Fahad Legal Consulting
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16 Jan 2021, 12:17

Dear Questioner,

Please be informed that the developer cannot proceed with renting your apartment due to the fact that you are the real owner of the property and it had been registered in your name through initial records in DLD.

Therefore you can sue the developer regarding misconduct and claim reasonable compensation from him.

Please feel free to contact us further at our email. Looking forward to hearing from you.

Thanks.

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Bashar Al Masayba Advocates & Legal Consultants
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17 Jan 2021, 06:11

Once the apartment is registered under your name, the developer can not rent it to anybody.

But in case there are people inside the apartment, you will have to call the police and obtain a statement of facts (محضر اثبات حالة).

17 Jan 2021, 06:46

Many thanks Bashar for your reply.

The developer has been renting out the apartment on short term leases from 1 day to 1 month.

As per my electricity bills and when challenged they deny that saying the apt. is still not fully paid so legally it is not mine.

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Al Safar & Partners Advocates & Legal Consultants
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25 Jan 2021, 05:12

Dear Client,

Good day!

Yes, it is possible to terminate and get a full refund of the apartment because there is already a delay of 24 months and they cannot take rent of your payment that is made for the apartment and it should be paid pro rata to you.

For further assistance, please feel free to contact us by phone or send us an email.

Thank you.

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