{"id":18018,"date":"2016-06-29T14:45:49","date_gmt":"2016-06-29T07:45:49","guid":{"rendered":"http:\/\/www.siamlandbank.com\/propertynews\/?p=18018"},"modified":"2016-06-29T13:25:55","modified_gmt":"2016-06-29T06:25:55","slug":"abu-dhabi-landlord-in-a-tight-spot-with-mortgage-as-tenant-cant-afford-to-pay-rent","status":"publish","type":"post","link":"https:\/\/www.siamlandbank.com\/propertynews\/property-news\/abu-dhabi-landlord-in-a-tight-spot-with-mortgage-as-tenant-cant-afford-to-pay-rent\/","title":{"rendered":"Abu Dhabi landlord in a tight spot with mortgage as tenant can't afford to pay rent"},"content":{"rendered":"


\nI have an apartment in Abu Dhabi, which my tenant pays in two cheques. The last cheque was supposed to be collected on March 1, but the tenant asked me not to deposit it as she did not have enough money. She did a partial payment through a transfer, and since then has not cleared the remaining outstanding (60 per cent of the second cheque). I’ve been extremely sympathetic as my tenant argues that she doesn’t have money. But now I’ve arrived at a situation where I don’t have enough money to pay the mortgage. The tenant keeps making excuses and refuses to take my calls. What do you suggest? Should I start a legal process? And, if so, what steps do I need to take in Abu Dhabi. RL, Abu DhabiArticle 23 of the tenancy law outlines the cases where landlords are entitled to request eviction of their tenant. The first case is when the tenant has not paid the rental amount during the specified period. \u200bAccording to Article (11) this period is 21 days as of the due date for residential and 30 days for commercial. Given that your tenant is way beyond this period, I suggest you start proceedings to get your property back.The steps are as follows:File a case at the Rent Dispute Settlement Committee (RDSC), which is located in Al Nahyan Complex. This is a competent authority that hears all rent disputes in Abu Dhabi. Most of the rent disputes involve evictions and rent increases.Please be aware that if you file a rent dispute case because the tenant has not paid the rent due within the agreed date, but then the tenant settles the rent during the dispute claim, the case will be automatically be dropped thereby allowing the tenant to stay in the leased property.There are four stages that a dispute may go through with the RDSC. The disputing parties may choose to settle the case at any stage throughout the dispute:\u2022 Arbitration & Reconciliation Department: This is the first stage where the landlord and tenant convene to resolve rental disputes amicably after one of the party’s files a complaint.\u2022 Court of First Instance: This court will hear the claims brought out between in the parties in a hearing format. The parties will bring forward their claims in the form of a memorandum.\u2022 Court of Appeal: available after issuance of the judgment from the Court of First Instance. Only claims worth more than Dh100,000 can be filed here and an application for appeal must be made within 15 days of obtaining the judgment from the Court of First Instance.\u2022 Court of Cassation: this department is for cases that are valued at more than Dh500,000. An application for the Court of Cassation must be filed within 30 days of obtaining a judgment from the Court of Appeal\u2022 Enforcement Department: to enforce decisions of the First Instance and Appeal Courts. This is the stage where the winning party may be able to pressure the other party to pay the adjudged amounts through various legal means.To do all of the above, the fees and documentation required are:\u2022 Claimant to pay 3 per cent of the annual rent with a maximum of Dh10,000\u2022 Other fees may be levied by RDSC on the claimant for summoning experts, payment of expert’s fee, fee for deposit of rent with RDSC etc.\u2022 You may have to separately pay for an advertisement announcement in a local newspaper, in case the defendant fails to show up for a committee hearing.\u2022 The claimant will also need to submit his name with designation (either lessor, lessee, landlord or occupant) with his current address.\u2022 The facts of the dispute must be submitted along with the original tenancy contract, Notarized POA (Power of Attorney if applicable) in favour of the person authorised to represent the claimant. Copies of cheques, if any, that were submitted to you.Mario Volpi is a real estate professional who has worked within the industry for the past 31 years in London and Dubai. The opinions expressed in this article are those of the author and they do not reflect in any way those of the institutions to which he is affiliated. It does not constitute legal advice and is provided for information only. Please send any questions to mariovolpi64@gmail.com.
\n
\nSource : thenational.ae
\nRead more…Abu Dhabi landlord in a tight spot with mortgage as tenant can’t afford to pay rent<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"

I have an apartment in Abu Dhabi, which my tenant pays in two cheques. The...<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"false","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"spay_email":"","footnotes":"","jetpack_publicize_message":"","jetpack_is_tweetstorm":false,"jetpack_publicize_feature_enabled":true},"categories":[1],"tags":[],"class_list":["post-18018","post","type-post","status-publish","format-standard","hentry","category-property-news"],"jetpack_featured_media_url":"","jetpack_publicize_connections":[],"jetpack_sharing_enabled":true,"jetpack_shortlink":"https:\/\/wp.me\/p75ss1-4GC","jetpack-related-posts":[{"id":28401,"url":"https:\/\/www.siamlandbank.com\/propertynews\/property-news\/register-your-abu-dhabi-tenancy-contract-or-you-cant-sue-for-rental-fraud\/","url_meta":{"origin":18018,"position":0},"title":"Register your Abu Dhabi tenancy contract or you can't sue for rental fraud","date":"October 4, 2016","format":false,"excerpt":"\r ABU DHABI \/\/ Prosecutors will no longer accept lawsuits filed by victims of rental fraud if their lease contract is not registered with Abu Dhabi Municipality.The decision will come into force next year and is aimed at decreasing the number of fraud cases involving rented property, said Hassan Al\u2026","rel":"","context":"In "Property News"","img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":16586,"url":"https:\/\/www.siamlandbank.com\/propertynews\/property-news\/does-abu-dhabi-tenant-made-redundant-have-to-pay-up-remainder-of-housing-contract\/","url_meta":{"origin":18018,"position":1},"title":"Does Abu Dhabi tenant made redundant have to pay up remainder of housing contract?","date":"June 15, 2016","format":false,"excerpt":"\r I was recently laid off and am looking to break my lease, though I still have five months left on it. A lawyer told me that perhaps the landlord could only charge me for two or three months, instead of all five, based on common practice - however, we\u2026","rel":"","context":"In "Property News"","img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":9450,"url":"https:\/\/www.siamlandbank.com\/propertynews\/property-news\/abu-dhabi-tenant-told-he-is-outside-of-the-law-after-new-landlord-buys-property\/","url_meta":{"origin":18018,"position":2},"title":"Abu Dhabi tenant told he is 'outside of the law' after new landlord buys property","date":"March 30, 2016","format":false,"excerpt":"\r \r I am an Abu Dhabi tenant who received notice that my unit was being sold, though I have never received any formal notice. The (former) landlord wrote to me in December to inform me that they were selling my unit and they needed me to sign a release\u2026","rel":"","context":"In "Property News"","img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":21809,"url":"https:\/\/www.siamlandbank.com\/propertynews\/property-news\/british-expat-stuck-living-in-hotel-apartment-after-uae-property-purchase\/","url_meta":{"origin":18018,"position":3},"title":"British expat stuck living in hotel apartment after UAE property purchase","date":"August 3, 2016","format":false,"excerpt":"\r I recently moved from the UK and purchased a property with existing tenants. Their contract expires on January 31, 2017. I am currently staying at a hotel apartment and want to move into my property as soon as possible. Legally do I need to serve a one-year notice and\u2026","rel":"","context":"In "Property News"","img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":22504,"url":"https:\/\/www.siamlandbank.com\/propertynews\/property-news\/should-abu-dhabi-landlord-use-property-agent-to-find-new-tenant-sort-maintenance\/","url_meta":{"origin":18018,"position":4},"title":"Should Abu Dhabi landlord use property agent to find new tenant, sort maintenance?","date":"August 10, 2016","format":false,"excerpt":"\r We own and live in an apartment in Abu Dhabi. When the time comes to leave the UAE we intend to rent out the flat long term, preferably, handling the leasing ourselves and therefore saving the fee we would have to pay to an estate agent. We obviously need\u2026","rel":"","context":"In "Property News"","img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":20298,"url":"https:\/\/www.siamlandbank.com\/propertynews\/property-news\/contract-will-renew-on-same-terms-if-abu-dhabi-landlord-and-tenant-do-not-communicate-with-60-days-notice\/","url_meta":{"origin":18018,"position":5},"title":"Contract will renew on same terms if Abu Dhabi landlord and tenant do not communicate with 60 days' notice","date":"July 20, 2016","format":false,"excerpt":"\r My contract mentions that: \"Prior to the end of lease period the tenant has to submit in sixty days, written notice that he is willing to either vacate the premises or renew the contract.\"Abu Dhabi Executive Council Decision No 32 for 2012, says that: \"In the event the landlord\u2026","rel":"","context":"In "Property News"","img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]}],"_links":{"self":[{"href":"https:\/\/www.siamlandbank.com\/propertynews\/wp-json\/wp\/v2\/posts\/18018"}],"collection":[{"href":"https:\/\/www.siamlandbank.com\/propertynews\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.siamlandbank.com\/propertynews\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.siamlandbank.com\/propertynews\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.siamlandbank.com\/propertynews\/wp-json\/wp\/v2\/comments?post=18018"}],"version-history":[{"count":0,"href":"https:\/\/www.siamlandbank.com\/propertynews\/wp-json\/wp\/v2\/posts\/18018\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.siamlandbank.com\/propertynews\/wp-json\/wp\/v2\/media?parent=18018"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.siamlandbank.com\/propertynews\/wp-json\/wp\/v2\/categories?post=18018"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.siamlandbank.com\/propertynews\/wp-json\/wp\/v2\/tags?post=18018"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}