Questions & Answers
A tenant has delayed rent payment for 15 days. Can I file an eviction notice?
Dear Sir/Madam,
I have an apartment in Dubai, and I rented it on a monthly basis to an Iranian national. Now, every month his cheque bounces, and he makes the rent payment after 15 days. This has happened twice now.
Can I file an eviction notice? Also, is this considered a breach of contract, and can I claim 2 months' penalty rent from the tenant?
Dear Questioner,
According to UAE law, a landlord can file an eviction notice if the tenant fails to pay the rent for a period of 30 days.
In your case, the tenant has made the payment after 15 days, so you cannot file an eviction notice. However, you can claim the penalty rent for the delayed payment as per the terms of your rental contract.
It is important to note that the penalty rent can only be claimed if it is mentioned in the rental contract. If it is not mentioned, you cannot claim it.
In addition, if the tenant continues to make late payments or bounces cheques, you can terminate the tenancy contract and ask the tenant to vacate the premises.
This can be done by giving a 30-day notice to the tenant. If the tenant fails to vacate the premises after the notice period, you can file a case with the Rental Dispute Settlement Center.
It is important to note that before filing any legal action, it is recommended to try and resolve the issue amicably with the tenant.
You can also consider adding a clause in the rental contract stating that repeated late payments or bounced cheques will result in the termination of the tenancy contract.
Dear questioner,
If the rent is delayed constantly, you can ask for the penalty charges for the same and also send a warning letter in order not to delay the rent.
Even after this, if he is delaying the payments, then you can raise a dispute within RDC.
If you need further clarification, please share your WhatsApp number.
Dear Questioner,
Yes, you can file a cheque execution case against him and an eviction case against the tenant for non-payment of rent.
We can assist you in this regard.
Please contact us via phone for detailed discussion and assistance.
