How To File A Case Against Tenant
How To File A Case Against Tenant
Now, your property is rented out and it seems that everything is going well. Or so you thought it is going fine. Then you will encounter problems with your tenant. What if my tenant doesn't pay his rent on time? What if my tenant destroyed my property? What is my next step to deal with it? These are some typical questions that landlords usually ask. And getting the right action needs to be put in place. Some problems can be talked out and settled right away. For some, it goes thru legal actions. But how can a landlord file a case against his tenant?
Landlords need to inform tenants on the issue and look for amicable solutions. If no action done from tenant's side, file a complaint in Rental Dispute Center. It was formed by Dubai government to address the issues between landlords and tenants. Make sure to submit the required documents upon filing a case in RDC.
Once the documents are prepared, you may proceed to RDC. There is a typing centre in RDC for you to fill out the complaint. Documents needed to be in Arabic will be translated. Landlords will be asked questions about the issue for it to be filed formally. For bounced cheques, a police case must be filed first before heading to RDC.
Risks of Taking a Tenant to Court
Bringing rental disputes into court does not right away provide positive results to landlords. There are always “what if” scenarios that may happen. What if landlords are not properly represented in the court? What if the documents presented were not complete? What if email communication between landlord and tenant is not enough as evidence? Below are some risks that landlords might face when filing a case in RDC:
- Monetary risks
There are fees that needed to be considered when filing a rental dispute case:
- 1. Filing fee of 3.5% of annual rent of the property
- Should not be lower than AED 500 but not higher than AED 20,000
- 2. Documents translation fees on typing center in RDC
- 3. Administration costs and other factoring costs like:
- Transportation cost
- If landlords are working in UAE, a leave of absence is a must
- The waiting game
Filing a case in RDC usually takes 1-2 hours depending on the queue. And once it's filed, decision will not be handed over right away. Presenting your case to RDC also takes time. They will provide you with a certain date and time to go there. But it's not assured because, again, you will be in the queue and wait. Cases might also take weeks or months to be resolved. If your documents are not enough, you have to go back on another date.
What Happens if a Tenant Refuses to Leave?
Case is filed in RDC. Decision is given. Landlord won the case. Eviction order from court is delivered to the tenant. But still the tenant doesn't leave the property. What to do then?
There are 2 reasons that allow landlords to evict their tenants:
- 1. If a breach on any terms on the signed tenancy contract
- Landlords can send 30-day notice period to tenants, via email or notary public
- This notice is to allow tenants to address the issue
- 2. If the landlord opts to sell the property or use it personally
- Landlords can send 12-month notice period to tenants, via email or notary public
- This is to inform tenants that the property will be sold or used personally
Once notice is issued and tenant doesn't move, landlord can submit case to RDC. Once the court order is obtained, landlord can send it to tenant. If still tenant refused to vacate, report to the police so they can expedite eviction. Landlords cannot negate access to tenants or force them to move out of property.
Can You Sue a Landlord for Emotional Distress?
Emotional distress is linked to physical injury suffered due to poor conditions of property. It is also linked to mental abuse like harassment to fix issues on property. As a tenant, can you file a case against your landlord for this issue?
To simply answer the question, yes you are allowed to file a case. This is feasible provided you have the documents to support your claim. For example, condition of the property is stipulated on the signed contract. That it is accepted in good and working order. And then an accident happened to you in the rented property. You have no right to file a case against your landlord. That is because you have accepted the property in full working condition.
Tenants must also have valid reason when filing a case against their landlords. And it must also be accompanied with supporting documents.
It's such a hassle and time consuming for landlords to undergo this process, right? Appointing a lawyer is a clever choice, but a pricey one. Not getting a lawyer is the cheapest option, but it comes with risks. How can a landlord avoid it? It's very simple. Appoint a property management company. Someone with years of experience in real estate and know how on its legality. That has a solid team that can facilitate any rental dispute cases. That someone is BSO Real Estate Management. BSO has best ways of fixing issues with tenants which ultimately avoids hefty costs. And, BSO has a high rate of resolving different conflicts outside the court. But if the need arises, BSO is well suited to represent you in RDC.
So what are you waiting for? Contact BSO and talk over your concern. If it's property management and real estate legal matters, it's got to be BSO.
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