Questions & Answers
Tenant damaged property, deposit insufficient; how to claim compensation?
Hello,
A tenant damaged the property I recently purchased upon their eviction, and the security deposit does not cover all of the damages.
I would like to know how I can take action against the tenant. Does any proof need to be submitted? If yes, what proofs are required since I bought an already tenanted property?
What is the timeframe and process to seek compensation for the damages?
Hello,
To take action against a tenant who has caused damage to your property, you can pursue a claim for compensation. Here’s what you need to know:
1. Proof of Damage:
Since you purchased an already tenanted property, you’ll need to provide:
- Before and after photos of the property (if available).
- Inspection reports from when the tenant moved in and out.
- Repair bills or quotes for the damages.
- Any correspondence or agreements with the tenant regarding the damage.
2. Process & Timeframe:
File a claim with the relevant authority (e.g., Dubai Rent Dispute Centre) within a reasonable timeframe.
You can seek compensation through the Security Deposit, and if that is insufficient, proceed with a formal claim for the remaining damages.
The process typically takes 1 to 2 months, depending on the complexity of the case.
For tailored legal guidance and to ensure the best outcome, we recommend booking a consultation with us to handle the matter on your behalf.
Dear Questioner,
Thank you for your inquiry regarding the damages caused by your tenant and the steps you can take to seek compensation.
Here’s an overview of the legal process you can follow in the UAE:
1. Taking Action Against the Tenant:
As a landlord, you have the right to seek compensation from the tenant for any damages that exceed the security deposit. This can be done by filing a civil claim for property damage, even if the tenant has already vacated the property.
Since the security deposit does not cover all the damages, you can pursue the remaining balance through the legal system.
2. Required Proof and Documentation:
- Inventory Report and Condition of Property:
As you purchased the property already tenanted, it’s essential to have documented evidence of the property’s condition before and after the tenant’s occupation.
If you have an inventory report or property inspection report taken before the tenant moved in (or upon eviction), this will serve as a critical piece of evidence.
- Photographs and Videos:
Take clear photographs or videos of the property showing the damages caused by the tenant. These will provide visual evidence of the extent of the damage.
- Security Deposit Records:
Ensure you have a record of the security deposit paid by the tenant, as this will be part of the evidence when calculating the compensation you are seeking.
- Correspondence:
Any communication you had with the tenant regarding the damages or the property’s condition, such as emails, letters, or notices, can also be helpful.
3. Timeframe for Seeking Compensation:
Under UAE law, you generally have one year from the date the tenant vacates the property to initiate legal action for compensation regarding property damage. It’s important to file the claim within this period to avoid any issues with time-barred claims.
4. Legal Process:
- Filing the Claim:
To seek compensation, you will need to file a civil lawsuit in the Rental Disputes Center (RDC), which handles such disputes in the UAE. You can also file the case through the Dubai courts if you are in Dubai or the relevant courts if located in other emirates.
- Claim Amount:
You will need to provide evidence of the damages and the amount you are seeking as compensation. The court will review the evidence, including the condition of the property and the security deposit, and determine the amount owed.
- Court Hearing:
After filing the claim, there will be a court hearing where both you (the plaintiff) and the tenant (the defendant) will have the opportunity to present your evidence. The court will then make a ruling based on the facts presented.
5. Resolution:
If the court rules in your favor, the tenant will be required to compensate you for the damages. The court may order a payment plan or a one-time settlement, depending on the case’s circumstances.
6. Conclusion:
The first step is to gather all relevant documentation and evidence of the property’s condition. Afterward, you can initiate a civil claim with the relevant court system to seek compensation for the damages that exceed the security deposit.
Should you need assistance with filing the claim or understanding the specific legal steps, please feel free to reach out.
Best regards,
Mohammed Salah
Legal Consultant
Since you purchased an already tenanted property, it's crucial to have a record of the property's condition at the time of purchase.
You are required to submit the proof to the rental dispute centers to take action against the tenant. Create a detailed written report listing each item damaged, its condition before and after, and the estimated cost of repair or replacement.
If possible, try to get a statement from the prior owner concerning the condition of the property. We will let you know the time frame and process to seek damages.
Kindly share your WhatsApp number to discuss this further.
Greetings of the day,
To take action against the tenant for damages exceeding the security deposit, you can file a claim for compensation through the Dubai Rental Dispute Center.
You will need to provide proof of the damages, such as photographs, repair invoices, or contractor estimates.
Since you purchased a tenanted property, you may also need a property inspection report from before or after the tenant's eviction.
The process typically involves submitting your claim to the Rent Dispute Center, and once filed, it may take a few months for the court to review and make a decision.
We can assist you in gathering the necessary evidence and guide you through the process.
Best Regards,
Sara Al Saedi Advocates and Legal Consultants
Thank you for reaching out!
Since you have purchased an already tenanted property, you do have the right to claim damages from the tenant if they have caused harm beyond normal wear and tear. You will need to provide proof of the damages, such as:
- Pre-possession condition report or photos (if available).
- Current photos/videos showing the damages.
- Repair invoices or cost estimates to quantify the losses.
- The tenancy contract to verify tenant obligations.
The process involves filing a claim with the Rental Dispute Center (RDC) in Dubai. If a legal notice has not been sent yet, I recommend doing so first as a formal step. The timeframe for resolution depends on the complexity of the case, but claims generally take a few months.
To discuss your case in detail and take the necessary legal steps, please feel free to contact me via WhatsApp or phone at [-----------]. I’ll be happy to assist you in recovering the damages.
Best regards,
Suhail Rana
Dear Valued Property Owner,
Thank you for reaching out regarding the property damage caused by your former tenant!
I understand your concern about seeking compensation for damages that exceed the security deposit. Please allow me to provide you with a professional overview of the steps you can take:
1. Documentation of Damage:
- Thoroughly document all damage with high-quality photographs and videos.
- Create a detailed, itemized list of damages and their estimated repair costs.
2. Evidence Collection:
- Gather all relevant communication with the tenant regarding the property's condition.
- Obtain written repair estimates or invoices from reputable contractors.
- If available, locate any property condition reports from the time of your purchase.
3. Legal Recourse:
- You may file a case with the Rental Dispute Settlement Committee (RDSC) in your emirate.
- It's crucial to submit your claim within one month of discovering the damage to preserve your right to compensation.
4. Compensation Claim:
- You're entitled to seek reimbursement for repair costs beyond normal wear and tear.
- As per Law No. 26 of 2007, tenants are liable for damages they cause to the property.
5. Process Timeline:
- While the duration can vary, initiating your claim promptly is essential.
- Consider exploring mediation or arbitration as potentially faster alternatives to court proceedings.
6. Required Documentation:
- Submit all evidence of damage, repair estimates, and relevant communications.
- Include the tenancy contract and any available property condition reports.
Please note that intentional property damage may be considered a criminal offense under the UAE Penal Code, which could provide additional avenues for recourse.
Given the complexities of property law and the specific circumstances of your case, I strongly recommend consulting with us. We can provide tailored advice and guide you through the process of seeking compensation effectively.
If you require further assistance or wish to engage our services for legal representation in this matter, please don't hesitate to contact us. We're here to help protect your property rights and interests.
Yours sincerely,
ABDUL WAHIED
