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Dubai, UAE

We are late for rent in a hotel apartment. Is it legal to deposit a cheque for a higher value?

We live in a hotel apartment in Bur Dubai which is closing down on March 31, 2023. We have always paid our rent on time.

However, we have dues of AED 22147.27 as of the date and they have an undated cheque of AED 28936 with them from us.

We promised them we will clear the dues between the 15th and 18th of this month, maximum by the 20th, and leave.

They are insisting on depositing the cheque by this evening even though for a higher amount and threatening further action.

Our questions:

1. Can they deposit a higher value cheque when the dues are much lesser?

2. What is the action open to them - can they evict us and if so, how soon?

3. We will clear the dues between the 15th and 18th, maximum by March 20, 2023, and they are not listening to the same. If we clear these dues and give our commitment in writing, can they still enforce action today/tomorrow?

Kindly advise.

Nasser Yousuf AlKhamis Advocates & Legal Consultants
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13 Mar 2023, 09:32

Dear Mr. R.,

Please provide us with your tenancy contract/Ejari and notice for eviction if any to advise you in a better manner.

We would also like to set up a meeting face-to-face at our office or via Zoom call. Kindly let us know a time convenient for you for the same.

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Dr. Mohamed Alhammadi Advocates and Legal Consultants
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13 Mar 2023, 10:32

You need to serve them a legal notice to not use the cheque because it does not match the due amount.

For legal assistance, please text us on WhatsApp.

Laila Hamza Al Mulla Advocates and Legal Consultants
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14 Mar 2023, 09:47

Do not give them a cheque that is greater than the actual value, because they are entitled to cash it, even if it is of a higher value.

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