Your legal rights in Dubai when it comes to submitted rental checks.
Question: I live in Dubai. I’ve lived in a two bedroom apartment for four years. The contract was renewed six months ago with six checks for the year. I have two checks left and due to some financial difficulties I will not be able to meet my rental obligation. I assume that the crisis will end soon. Can I request postponement of payment? What options are open to me? What if the real estate company refuses to not hold the check? Can I apply to be able to terminate the contract without penalty because I really don’t have the money to pay the penalty?
Reply: Due to your questions, as your rented apartment is located in the Emirate of Dubai, the provisions of Law No. 26 of 2007 regulating the relationship between landlords and tenants in the Emirate of Dubai (Dubai Tenancy Law) and Law No. (33) apply. from 2008 The amending law No. (26) of 2007 to regulate the relationship between landlords and tenants in the Emirate of Dubai (Amended Rental Law of Dubai) applies.
It should be noted that it is the tenant’s responsibility to pay the rent to the landlord by the due date.
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This is in line with Article 19 of the Dubai Tenancy Law, which states: “The tenant must pay the rent by the due dates …”
If the tenant fails to pay the rent, the landlord can request the evacuation of the tenant in accordance with Article 25 paragraph 1 letter a of the amended Dubai Tenancy Act, which states: “1. The landlord can only request the tenant to vacate the property before the end of the rental period in the following cases:
a) if the tenant does not pay the rent or part thereof within thirty (30) days from the date on which the landlord requests the tenant for payment, unless the parties have agreed otherwise … “
If you fail to pay the rents by the due date, the landlord has the right to leave your rental checks at their bank for collection. If the check you issued is dishonored by your bank, the landlord can file a complaint against you.
It should be noted that check dishonoring is a criminal offense in the UAE under Article 401 of Federal Law No. 3 of 1987 on the Criminal Code. The landlord can file a criminal complaint against you for a dishonored check and civil action against you at the Rental Dispute Center in Dubai in order to recover the rent you have not paid for the remainder of the rental agreement.
You and your landlord can mutually agree on a rent reduction; early termination of the lease; rent-free time options; or other concessions due to your financial difficulties.
