Question: Three months ago, I rented my apartment to someone. According to the lease contract, the lessee pays two payments, the first payment was received at the beginning of the contract. The cheque for the second payment was returned by the bank due to lack of fund. My question is: What are the necessary legal procedures to be taken against the tenant to prevent him from travelling — as I’ve learnt that he is preparing to travel? Do I have the right to ask him to vacate the apartment because the cheque was returned by the bank? Please advise.
Answer: First, you should notify the tenant, through the notary public, to pay the rental amount of the returned cheque. In the event he pays the rent, then you cannot ask him to vacate the apartment. If he didn’t pay within 30 days, then you have the right to file a case in the Rental Dispute Centre to ask him to vacate the property and request payment due until the date he vacates.
The law states that the landlord may seek eviction of the tenant from the real property prior to the expiry of the term of the tenancy only in the following cases: a) Where the tenant fails to pay the rent or any part thereof within thirty (30) days after the date, a notice to pay is given to the tenant by the landlord, unless otherwise agreed by the parties.
You can apply to the Rental Dispute Centre a petition order requesting Provisional and Urgent Affairs Judge to issue a temporary action to ban the tenant from travelling and the judge will take the appropriate decision.
The applicant should attach documents, including a copy of passport with residence visa page (for expatriates) and Emirates ID. Proof of debt such as (dishonoured cheques) together with bank’s return memo. A copy of latest lease (Ejari) with translation.