Ask the law: Tenant paid me with a bounced cheque after sub-leasing unit
Legal recourse for an apartment owner whose tenant subleased the unit
Question :
A questioner asks: Six months ago, I rented my apartment to someone. When I deposited the cheque for the second instalment in the bank, the cheque bounced, was returned without a balance. I tried to contact the tenant, but it turned out that he had rented the apartment to another tenant without my authorisation, and that he is currently outside the UAE. My question: What is the appropriate action to take against the first tenant; and as for the sub-tenant, do I have the legal right to request eviction? Please advise.
Answer:
I would advise that:
Article (24) & (8) of the Law No. (26) of 2007 Regulating the Relationship between Landlords and Tenants in the Emirate of Dubai assures that unless otherwise the parties agree, the lessee may not assign the usufruct (temporary right to use) of the property or sublet it to a third party without a written approval from the lessor.
The period of the sublease will also expire at the end of the lease unless the lessor explicitly agrees to extend the sublease period.
You have the right to evict the first tenant for non-payment and for subleasing without your permission. This eviction will apply to the subtenant also. You have to send an expert through the court to the apartment to prove that the tenant subleases the property, and also send a notice to the apartment through the notary public for non-payment and eviction. Then, within 30 days, you can file the case against the first tenant as per Article (25) of the Law No. (33) of 2008 Amending Law No. (26) of 2007 Regulating the Relationship between Landlords and Tenants in the Emirate of Dubai which states that (“Landlord may demand eviction of tenant prior to expiry of tenancy period in the following cases:
a) If tenant fails to pay rent value, or part thereof, within thirty (30) days of landlord’s notification for payment; unless parties agreed otherwise.
b) If tenant subleases the property, or part thereof, without landlord’s written approval and in such case eviction shall be applicable to the tenant and the subtenant, and the subtenant’s right to refer to tenant for compensation shall be reserved.
And for the purpose of these clauses the landlord must notify the tenant through the Notary Public or by registered mail.”)
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