Questions & Answers
Requesting a grace period before eviction for bounced cheque
Dear Sir,
We have a tenancy contract from January this year for a villa in Springs. The rent was to be paid in 2 cheques, out of which we have paid one and the 2nd cheque was dishonoured due to financial trouble.
My husband is currently in custody for some bank related case and my son is on his own at the house. The landlord sent us 30 days' notice through notary that expired yesterday.
Can the landlord evict us from the property because we are not in a situation to pay till my husband is out of the legal trouble?
We have applied for his bail but the landlord is not ready to cooperate.
What is the process for them to get the house evicted because our intention is to pay them but we need some time? Can you guide us, please?
The problem is every other day the landlord comes and harasses my son by knocking on the door and calling every day.
Hi
First off, it is worth understanding the procedure that you have followed when applying for your husband’s bail.
In most circumstances, the Public Prosecution provide bail by detaining the accused’s passport and/or financial security.
Secondly, in respect of the eviction suit according to the law, the landlord does have the authority to file an eviction case upon the expiry of 30 days which follow the date the notarized eviction notice has been sent to you.
However, the eviction order is only enforceable if it is issued by the Rental Dispute Centre (RDC).
All rental disputes will have to be referred to the RDC whose aim is to amicably reach a settlement between the parties.
It must be noted that if your tenancy contract has been in force for 10 years or over, the dispute will be referred to a court and not to the RDC.
Nevertheless, if the RDC’s decision is issued against you, you can apply for an appeal (i.e. asking the RDC to reconsider the decision) within 15 days of the day the initial decision has been issued.
Finally, in regard to the landlord’s harassment, apart from the obvious harassment lawsuit, the landlord can also be subject to entering the premises without permission (assuming that he has done so without your permission).
Based on the tenancy legislation, the landlord can enter, possess or lease the property only if the RDC issues an order to do so.
However, please keep in mind that this is in no way a recommendation for you to delay the eviction procedure.
Not only does the RDC have the authority to penalize such conduct, but Article 31 of the Law No. 26 of 2007 states that the tenant will be obligated to pay rent of the property until the day the dispute has been resolved or the decision has been issued by the RDC.
If you require any further assistance, please do not hesitate to contact me.
Regards,
Ahmed Odeh
