Rental Disputes are common since most individuals and companies rent residential units from others. Such disputes include installment cheques and obligations of the landlord and the lessee. These disputes usually arise in large units and villas; as the lessee may require repairing parts with whom the owner disagreed about the responsibility of repairing them, the companies renting the units for office or storage purposes. Rental disputes may also include any disputes that may arise regarding the value of rent and payment, failure to provide licensing requirements or the change the license conditions after renting the property for the purpose allocated to it, as well as administrative regulations related to the transfer of certain industry activities outside specific frameworks or locations.
Nour Attorneys & Legal Consultants team works in a highly competent manner to represent our clients in all rental disputes and to help them handle the consequences of such disputes, including, for example:
1- Financial Criminal Cases
These are the criminal proceedings related to the rent cheques in order to make the lessee under the threat of imprisonment or a fine. This may only be useful in small units because the value of the fine can cover the value of the rent. Otherwise, in different cases, the fine may be disproportionate to the value of the rent if the latter exceeds AED 200 thousands.
2- Other Criminal Cases
Other claims such as breach of trust or seizure of others’ property may arise against the lessee if the leased property contains furniture and items that have been handed over to the lessee for use during the lease period and were subsequently seized by the lessee or sold to others.
3- Cases of Statement of Facts
These are the claims that are filed by the landlord after the lessee leaves the unit to prove the state of damages in the property caused by the latter without repairing it. In other scenarios, the lessee may file a claim in order to state the facts and the current the status of the property if he/she found damages that were not visible upon receipt of the property or which appeared after it, especially if it threatens safety and if the owner wishes to terminate the contract by recovering the value of rent cheques without being subject to criminal proceedings.
4- Orders on Petitions
Some urgent matters may require obtaining an order on petition in case if the lessee leaves the property and the landlord needs to enter the property to take care of an urgent issue that may threaten the building or the rest of the lessees without waiting for the lessee to return. Due to the impossibility of entering the property in the presence of the lessee’s belongings, it becomes necessary to obtain an order on petition to enter the property and repair the defects in which the judge assesses the need for repairs while ensuring the protection of the lessee’s privacy. The judge shall also decide whether it is possible to wait for the lessee’s presence in case if the damage is disproportionate to the violation of his privacy.
Moreover, there are also turnkey claims if the owner has notified the lessee to evict the unit in accordance with law and contract and the owner’s refusal to receive the key without a document stating so.
5- Financial Claims
Financial claims between the landlord and the lessee arise from the expenses incurred by each party to repair the property for the purpose of re-leasing by the landlord or to be used by the lessee, especially if the other party is stalling to repair damages that cannot be tolerated. In such cases, the landlord or the lessee shall obtain repair offers from three companies, and then choose the appropriate offer and present it to the court with a notification to the other party of the repair. However, it may not be required to obtain offers from several companies if the damage is urgent, such as the leakage from water pipes or drainage pipes that threatens the use of the entire unit or if it is as simple as repairing some minor defects.
6- Rent Value Claims
They are part of financial claims, but they may arise together with them or separate from them, during which the landlord asks for rent. The lessee usually pays the rent by the expiry of the contract at a later date or the landlord sends warning and then proceeds with eviction.
Nour Attorneys & Legal Consultants team is always dedicated to providing proper advice and consultation to our clients on how to handle rental claims, and we are ready to represent our valuable clients in rental claims before the concerned rental committees.
August 4, 2021
July 3, 2021