Questions & Answers
How to stop the managing agent from banking the rental cheque after vacating the property?
Dear Lawyers,
My family member has a case against his landlord and managing agent at RERA, which has been set for a hearing next month.
He has vacated the property and given notice of cancellation, but the managing agents are ignoring him and refuse to provide the landlord's contact details.
In the meantime, the managing agents indicated they will still bank the next rental cheque of AED 100k (for six months' rent). Is there anything that can be done to stop this?
My brother isn't in a position to pay this money as he had to find other accommodation, but he doesn't want to face any legal issues if the cheque bounces.
Dear Questioner,
Thanks for your inquiry!
Regarding the above, we would like to inform you that, the managing agent is not entitled to bank the rental cheque if the tenant has vacated the property and given notice of cancellation.
The tenant should immediately inform the bank to stop the cheque and inform the managing agent that the cheque should not be banked as the tenant has vacated the property and given notice of cancellation.
If the cheque is still banked, the tenant can file a complaint with the Real Estate Regulatory Agency (RERA) and seek legal action against the managing agent for breaching the rental agreement.
The tenant can also seek compensation for any damages or losses caused by the managing agent's actions.
It is important for the tenant to keep all communication and documentation related to the cancellation and vacating of the property as evidence in case legal action needs to be taken.
Kindly do not hesitate to contact us via phone or email for further guidance.
Greetings,
Dear,
In this situation, where you are facing issues with property managers regarding a rent cheque and have difficulty obtaining contact details for the owner, you can take the following actions:
1. Notify the Bank:
Contact the bank where the cheque will be deposited and inform them of the issue. Request them to place a "hold" on the cheque or stop it if possible, based on your instructions.
2. Send a Formal Notice to the Property Managers:
Send a formal notice to the property managers explaining that you have vacated the property and that you do not intend to pay the rent for the next period due to the contract ending and the lease being terminated.
Emphasize that you are having difficulty obtaining the owner's contact details.
3. File a Complaint with the Real Estate Regulatory Agency:
Submit a complaint to the Real Estate Regulatory Agency regarding the property managers' behavior and lack of cooperation.
You can request the agency's intervention to resolve the issue and ensure that the cheque will not be processed.
4. Document Everything:
Keep accurate records of all communications with the property managers, the bank, and any notices or relevant documents.
Ensure that all your dealings comply with legal regulations to avoid any additional problems.
If you need further assistance, feel free to contact us for specific legal advice regarding your situation.
Alternatively, you can leave your phone number, and the relevant department from the law firm will get in touch with you.
Best Regards,
Thank you for reaching out with your concerns regarding the situation with your family member's landlord and managing agent.
It sounds like a challenging situation, especially with the upcoming RERA hearing.
In such cases, it's crucial to act quickly to prevent the cheque from being banked if there is a legitimate dispute about the validity of the payment, especially given the notice of cancellation your family member has already provided.
There are legal steps we can take to address this, such as filing for an injunction to prevent the cheque from being cashed while the dispute is being resolved.
I recommend that we discuss this matter further so I can better understand all the details and provide more specific advice.
Please contact me directly at [--------] or via email at [--------]. You can also reach out to me on WhatsApp to arrange a more immediate consultation.
