Questions & Answers
Possibility of a settlement at the court for bounced rental cheques
Hello Advocate Nikhat,
How are you, Madam?
My house is in Abu Dhabi and I had rent bounced cheques due to my job loss.
Q.1 As we know that for a rent cheque bounce, after the police case is closed and the civil case is opened, then in this civil case, the judge will decide on the amount for instalments. Won't he consider what we say about how much we can pay?
Q.2 Ref to the above question, it means there is no jail directly if we agree with the judge on the amount to be paid in instalments.
Now, I understand that once the instalments are finalized, then we have to pay them regularly.
The question is, in the civil case, there is no direct Jail in the first or second hearing, as the judge negotiates the amount for payment, correct?
Q.3 During eviction case, when rent/lease is expired. Since the lease is now connected with Tawtheeq, so if Tawtheeq expires as the rent agreement expires, Will ADDC cut my electricity during this time?
Q.4 Please, also advise what is Legal Advice Middle East, is it a law firm?
My house is in Abu Dhabi and I had rent bounced cheques due to my job loss.
Q.1 As we know that for a rent cheque bounce, after the police case is closed and the civil case is opened, then in this civil case, the judge will decide on the amount for instalments.
- NO, you will have to pay in one go unless parties agree to sign a settlement agreement and break the dues in part. It is very rare.
Won't he consider what we say about how much we can pay?
- You may request from the judge. It is at his discretion. Normally, rental dues must be paid with demur.
Q.2 Ref to the above question, it means there is no jail directly if we agree with the judge on the amount to be paid in instalments.
- IF instalment is agreed. If you fail to pay you may be jailed.
Now, I understand that once the instalments are finalized, then we have to pay them regularly.
The question is, in the civil case, there is no direct Jail in the first or second hearing, as the judge negotiates the amount for payment, correct?
- In the civil case, the judgment will be announced and then an execution case will be filed. Whatever belongs to you will be attached.
Q.3 During eviction case, when rent/lease is expired. Since the lease is now connected with Tawtheeq, so if Tawtheeq expires as the rent agreement expires, Will ADDC cut my electricity during this time?
- As long as you stay in the house, you have to pay. As long you pay electricity and water charges, it will not be disconnected.
Q.4 Please, also advise what is Legal Advice Middle East, is it a law firm?
- No, it is web platform where different lawyers provide free advice.
