Questions & Answers
Action against tenant for failing to pay the rent and utility bills
I have a property in Dubai which I rented out to a holiday home company to operate on short/long term rentals.
I have been provided quarterly cheques for 1 year and executed PoA in their favour to manage the property.
The cheque bounced, and despite my repeated requests, they're not clearing the dues or replying to communications.
They have also not executed Ejari nor providing me documents to do so. The utility connections are being operated in my name with outstanding dues there also.
Subsequently, I served a legal notice to pay the outstanding and vacate and for the cancellation of the PoA via Notary Public on 5th Dec, but they refused to take delivery of the notices and the Aramex courier was returned to me. I also sent a copy of legal notices by email.
In parallel, I filed a cheque bounce case with Dubai Police and awaiting action from them.
Now, I am not sure what are my further legal options. How will I be ensured that the property is vacated and payment of rent and utilities will be made?
Dear Sir/ Madam,
Thank you for getting in touch with me on this.
From the outset, it appears that you have a strong case against the company for the payment of rent dues along with the payment towards utility.
Considering you have initiated criminal proceedings in lieu of the bounced cheque, I advise that you institute a case with the Rent Dispute Committee for recovery of dues as stated above.
The Rent Dispute Committee will ensure that the premises are vacated and you receive all your dues pertaining to the property.
I believe you must have some agreement for leasing out property. I request that you forward the same to enable me to advise more effectively.
Please email the documents along with a brief history about the property dealings, legal notice sent by you on hari.wadhwana@gmail.com.
You may also get in touch with me on 052 9495731 for further discussion and advice.
Regards,
Hari Wadhwana
Dear Questioner,
Please note that you shall reserve your rights against your tenants.
As per the law, it is your responsibility to register the Ejari. In your case, if you are not given the proper documents to register Ejari, you have all the rights to serve an eviction notice.
Since they have refused to accept the notice, Aramex might have recorded the reason behind it which would serve as sufficient proof of your delivery.
You may now go ahead with a case in RERA to reserve all your rights against them.
If you need any further assistance, please feel free to contact me.
Thank you.
Regards,
Rajasree Ravivarma
0585013663
cloudsdarker@gmail.com
