Rent cheque dishonoured

  • Published: 00:08 September 13, 2010

SUBJECT
Employment

Last year I rented a villa to a person for one year and I received two cheques towards the rent. One has already been encashed but the second was a post-dated instrument for four months. When I presented the latter to the bank, it was returned by the bank due to insufficient funds and though I have been requesting the tenant to pay the due amount for 3 weeks, he has been delaying the payment. My question here is, can I cut such a tenant’s electricity or should I file a rental case directly to claim the due rent and get the tenant to vacate the villa? Please advise. Thank you.

I would like to clarify to the questioner that as per the law he is not empowered to cut off electricity to the tenant due to non-payment of rental shall follow the way of law to obtain his right. If the questioner decides to file a case against the tenant, pursuant to Article No. 25/1/A of Law No. 26 of 2007 as amended by Law No. 33 of 2008 which regulates commercial relationship between landlords and tenants of properties in Dubai, he shall firstly serve a 30-day notice of payment to the tenant through the Notary Public. Thus, the questioner, at the expiry of the said notice period without any payment being received, shall be entitled to file a rental case against the said tenant to claim the due amount and ask him to vacate the premises as per the law.

Questions answered by Advocate Mohammad Ebrahim Al Shaiba of Al Bahar Advocates and Legal Consultants.

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