Q: I signed a tenancy contract to move into a new townhouse. The addendum stated that the house would be move-in ready with a deep cleaning and pest control. None of the maintenance had been completed… A: The lessor is responsible for delivering the leased property in a condition suitable for use…

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New townhouse not move-in Ready after issuing cheques. What to do as a tenant?

Hello,

I signed a tenancy contract to move into a new townhouse on November 17, 2023. The addendum stated that the house would be move-in ready with a deep cleaning and pest control before our move-in date.

However, when we visited the property yesterday, none of the maintenance had been completed, and several issues were flagged, such as missing keys, incomplete bathroom hooks, a missing drain cover, and a missing outdoor faucet.

It is clear that the property will not be move-in ready by February 17. We talked to the realtor to postpone the move-in date and return the old cheques so that we could write new ones.

Unfortunately, the landlord had already deposited 2/3 of the cheques into the bank.

Since there is a potential breach of the contract due to the property not being move-in ready by February 17, what are our rights?

Can we cancel the contract?

Can the cheques bounce so that the landlord does not receive the money?

If the cheques bounce, will we be penalized?

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Khaled Ebid

Laila Hamza Al Mulla Advocates and Legal Consultants

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16 Feb 2023, 08:31

Dear questioner,

The lessor is responsible for delivering the leased property in a condition suitable for use and in a manner that enables the lessee to fully benefit from the contracted property.

However, it may be agreed upon between the lessor and lessee to rent an incomplete property, provided that the lessee completes the necessary construction works to make it usable.

The agreement must specify which party is responsible for the costs of completing the construction.

16 Feb 2023, 08:32

The lessor is responsible for maintaining the property and repairing any defects or malfunctions that may impact the lessee's ability to benefit from the leased property.

This responsibility extends for the duration of the lease period unless otherwise agreed upon by the lessor and lessee.

The lessor, or any person authorized by the lessor, may not make any changes to the leased property or its annexes or facilities that would render it unsuitable for providing the agreed-upon benefit.

The lessor is responsible for any changes that violate this provision, as well as for any damages, malfunctions, or deficiencies caused to the property due to reasons beyond the tenant's control.

16 Feb 2023, 08:33

If he does not comply with the health conditions and postpone the receipt until the property is ready, a complaint can be filed to terminate the contract and claim compensation.

16 Feb 2023, 09:00

Should we remove our funds so the cheque bounces?

The landlord already submitted it to the bank. The cheques are dated for tomorrow.

16 Feb 2023, 11:51

Can you explain more why you want the cheque to bounce?

16 Feb 2023, 12:03

The landlord deposited the cheque already when the property is not ready for me (the tenant) to move in.

The move-in date needs to be pushed out. Since he already deposited the cheque dated for tomorrow, the funds will be cashed out.

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Ahmed Abbas

Dr. Mohamed Alhammadi Advocates and Legal Consultants

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16 Feb 2023, 08:41

Dear questioner,

You need to transfer and preserve your rights against the landlord by sending a legal notice because he did not fulfill his obligation.

16 Feb 2023, 08:41

The cheques shouldn't be bounced, otherwise, it will be another problem.

16 Feb 2023, 08:42

Kindly send the tenancy contract to my WhatsApp for review.

16 Feb 2023, 08:42

WhatsApp number (..................).

16 Feb 2023, 08:59

We have notified the realtor, but I don't have direct access to the landlord.

We notified the realtor that he is in breach of contract. We have video and photos of the property today, showcasing maintenance not being completed.

16 Feb 2023, 09:27

By law, it is a little bit complicated because bounced cheques are totally different matters.

I prefer to hold an online meeting to discuss this further.

Please text me on WhatsApp.

16 Feb 2023, 09:27

Thanks!

16 Feb 2023, 09:38

But we are removing funds to avoid the landlord obtaining our money for a property that has not fulfilled its move-in compliance. So why would this be an issue?

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Shamsa Albedwawi

Shamsa Albedwawi Advocates & Legal Consultants

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16 Feb 2023, 09:27

Dear questioner,

If you feel the handover is not in accordance with the tenancy contract and it is not in a habitable condition, you can visit the RDC and raise a complaint regarding this.

Moreover, if there is a cheque bounce, there would be other legal implications that you will have to face.

So, it is advisable to visit RDC and provide them with all the details.

16 Feb 2023, 09:37

If we remove funds from our chequing account to avoid the cheque being cashed, will this be an issue?

The realtor has already requested to push the move-in date, however, the landlord already deposited 2 of the 3 cheques in his bank, which isn't right.

That means tomorrow the cheque will be cashed by the landlord and we haven't even moved into the property.

16 Feb 2023, 09:43

Yes, if they see it is done deliberately, it would amount to a criminal case.

That is why you are advised to go to RDC and tell them about the entire scenario and about the cheque encashment before your moving in.

16 Feb 2023, 09:48

What is RDC?

16 Feb 2023, 10:21

Rental Dispute Center.

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