Landlords need to move courts; filing police case in absentia not advisable
George Smith (name changed) has rented out his apartment in Dubai, but stays in London.
Two rent cheques issued by his tenant have bounced. Despite reminders, his tenant has failed to pay the rent in cash.
Now, Smith is weighing all his options and even considering filing a police complaint in absentia for bounced cheque.
According to a legal expert, filing a police case in Dubai in absentia, without a legally authorised representative, is difficult, if not impossible.
The police require original bounced cheques along with details such as addressee of the cheque, who will be filing a complaint and if the landlord is out of town, the authorised representative who can act on his/her behalf.
Ludmila Yamalova, Managing Partner of HPL Yamalova & Plewka JLT, says: "This can be done through a power of attorney, which must either be attested in the UAE or in the UAE Embassy at the foreign country. Attesting documents abroad, however, often carries significant fees and, as such, it may be cheaper to travel to the UAE instead."
Besides, a landlord is not authorised to evict a tenant of a bounced rental cheques, but will need a court or police order to do so.
"Unless the tenant leaves the premises voluntarily, evicting the tenant in the UAE can be difficult and protracted. The bounced cheque, which carries the penalty of a jail sentence, usually serves as the strongest leverage to convict the tenant to leave."
If the tenant does not voluntarily leave, a court action must be instituted, she says, adding that the same applied to even it if the tenant is in jail over a bounced cheque.
"Without either a police order or a court action, technically speaking a landlord does not have the right to enter premises," Yamalova emphasizes.
© Emirates 24|7 2011
