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Tenant not paying

doublestar

Posts

EW NEWBIE

Latest post on 01 September 2015 - 21:23

Hi
We are renting out a villa. The current tenant has been in for 1 year, the contract expired August 31. We've been asking him for 3 months whether he is staying or going. Never replied on e-mails and did not answer Phone, then he asked for more time. Finally, he informed us end of july that he was intending to stay. We then asked a real estate agent to Chase and arrange for contract and payment, as he's not answering our calls. He avoided the agent as Well.
Then finally, on the day of the contract expiry he informed the agent that he is staying but Will be paying less and 4 cheques instead of one...
Of course we did not agree. I called rera and they tell me give him 30 days to Settle and then I can file a complaint. Then get a lawyer, pay a ton and take it to court.
Really, for someone who is blatantly in Breech of contract and is as of this day staying in my house Illegally ? Any experience or advice Anyone ? Thx

gardenlover

122

Posts

EW NEWBIE

Latest post on 02 September 2015 - 17:47

Tenants are supposed to only advise if they are moving out ( 3 months before expiry) If they do not contact said LL then is it the assumption that the tenancy will run for a further year. As a tenant I have always informed my LL if I was leaving or if staying when to come and collect the cheques etc. I don't think the LL could of done anything or start the process at RERA until the tenancy had expired. Right...I misread the OP, I was thinking he was three months late with payment, hence my "It's time to take action" stance.

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sarahlou123

8965

Posts

EW MASTER

Latest post on 02 September 2015 - 17:07

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gardenlover

122

Posts

EW NEWBIE

Latest post on 02 September 2015 - 16:33

And by cut off you mean what exactly ? Meaning that after 1 month of not being able to contact him about renewal, you might have seen that the writing is on the wall, and begin the process of getting him legally out, so it does not drag on, and you lose precious months rent. I really don't see how it is being harsh to protect your rental income, when someone is not abiding by the rules.

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sarahlou123

8965

Posts

EW MASTER

Latest post on 02 September 2015 - 10:09

The tenancy laws here are similar to those in the UK You cannot gain access to the property until tenant is evicted, you cannot change the locks until the tenant is evicted, you cannot harass the tenant in any way, you cannot request DEWA is shut off etc You have to go down the legal route as per RERA/Rent Committee It is a pain as it is your property but this is the law. I can understand when things like this happen that LL request one cheque

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doublestar

Posts

EW NEWBIE

Latest post on 02 September 2015 - 09:20

Well thank you Sylvstet. My thoughts exactly. I am well aware of the law, but as you say we are decent landlords. And if a tenant does not let you know in time what his plans are, it seems only the normal thing to ask him yourself.... Anyway, we could see this coming from miles off and I don't see how NOT chasing him would have put us in any other situation than we are in now as he legally did not do anything wrong until yesterday. So, thanks for all the comments. Any advice from someone who has found himself/herself in the same situation would be useful, thanks

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Silvstet

767

Posts

EW GURU

Latest post on 02 September 2015 - 08:25

I think the replies are a bit harsh, especially as the OP been acting like a decent landlord and been trying to do the right things. I would act accordingly to advise from rera from now on and get the tenant out as soon as possible. Are you aloud to change the locks of the property? The landlord is certainly not king in Dubai anymore.

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doublestar

Posts

EW NEWBIE

Latest post on 02 September 2015 - 08:03

And by cut off you mean what exactly ?

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gardenlover

122

Posts

EW NEWBIE

Latest post on 01 September 2015 - 22:58

[i'>We've been asking him for 3 months whether he is staying or going. Never replied on e-mails and did not answer Phone, then he asked for more time. Finally, he informed us end of july that he was intending to stay.[/i'> You have been asking for three months?! You should not have had to ask. He needed to tell you he is staying two months before renewal date. That is the law. He should be chasing YOU down. A Landlord should not be chasing a tenant down. You should have cut him off after 1 month max.

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doublestar

Posts

EW NEWBIE

Latest post on 01 September 2015 - 22:02

I really don't see how i am king ? I contacted rera last month as i could see this coming, they told me there is Notting i can do until August 31st. So now i have been to rera again and apparently it Will take months and lawyers to evict him, even if he has no right to fi what he is Doing and is paying nothing So how does that make me king? How would you suggest i throw him out on his bum ? Go over there and Carry him and his family out myself ?

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LaDiDa00

Posts

EW NEWBIE

Latest post on 01 September 2015 - 21:55

In a market where the landlord is king, you certainly have not been playing your cards. In my 20 years business dealings in the UAE, is if you miss a payment, email, or deadline, you are thrown out on your bum. You have been to lenient. Write this guy off and find a new tenant. He is playing you, because you are (letting) him. ...excuse the pun. In a market where the landlord is king, you certainly have not been playing your cards. Exactly!!! ^^^ I'm a little surprised you've found yourself in this situation. I've just finished house hunting and can honestly say it was an interesting experience. Landlords are protected from all sides. In any case, definitely try lawyering up. At least to write a letter.

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LaDiDa00

Posts

EW NEWBIE

Latest post on 01 September 2015 - 21:52

I've had similar issues abroad. I would suggest you get a lawyer to write up a letter that you are taking legal action and your rights. it worked in my case, as soon as they received a letter with a lawyers letterhead and all, they immediately became better people. Try it and see if that works.

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