# Can I get my deposit back ?



## Kashman (May 14, 2013)

Hi all, 

I gave a deposit (5%) for a 2 bedroom apartment in Business Bay. The deposit receipt to the agent says Non Refundable, but I have not signed the contract for the rental agreement and the verbal agreement is to move into the apartment next week.

My wife is having second thoughts about the apartment and location. Is it too late to ask for my deposit back? My understanding was the deposit is given back once my rental agreement is over and I leave the apartment in a good state.

I hope I have a leg to stand on to get the money back. 

Thanks for all the responses.


----------



## Jumeirah Jim (Jan 24, 2011)

depends on the agent

if you sign for somewhere else with him/her perhaps

if not say goodbye to your deposit


----------



## JonGard (Aug 18, 2013)

I'm looking to move out of staff accomodation shortly, so this could be very important to me...

Am I confused as to what 'non-refundable' means?


----------



## domink (Jun 4, 2008)

well, normally the deposit is to prevent a scenario such as this,
Once you pay the deposit the landlord takes the property off the market, if you then change your mind, the deposit is not returned and serves as compensation for delays in renting. Some agents/landlords may refund it, esp if they find an alternative tenant willing to start at the same time, but it's unlikely that you get that money back


----------



## BedouGirl (Sep 15, 2011)

There are two deposits, one is 5% of the annual rent that is the agency's commission, which is non-refundable and holds the property and the second is also for the same amount and is held by the landlord as a security deposit on the property and will be returned, amount according to the state of the property, at the end of the lease. The deposit you have paid is the former.


----------



## JonGard (Aug 18, 2013)

BedouGirl said:


> There are two deposits, one is 5% of the annual rent that is the agency's commission, which is non-refundable and holds the property and the second is also for the same amount and is held by the landlord as a security deposit on the property and will be returned, amount according to the state of the property, at the end of the lease. The deposit you have paid is the former.


That's what I was trying to get my head around. Thanks


----------



## Chocoholic (Oct 29, 2012)

A holding deposit is NOT the agents commission. Commission should be paid after everything has been signed and sorted. I've had these so called 'non-refundable' deposits returned as I couldn't come to an agreement with the landlord over the contract. Many agents will tell you it's a non-refundable holding deposit, but once you get the cotnract, it will usually state that they have received a refundable security deposit - it's a sneaky trick.

If the agent and landlord are decent, they will give it back to you.


----------



## JonGard (Aug 18, 2013)

Can I just emphasise I know what 'non-refundable' means! 

It just didn't seem to actually always be the case here.

Apologies for being dense


----------



## Chocoholic (Oct 29, 2012)

JonGard said:


> Can I just emphasise I know what 'non-refundable' means!
> 
> It just didn't seem to actually always be the case here.
> 
> Apologies for being dense


LOL it's not always the case and you're right to ask.


----------



## Kashman (May 14, 2013)

*One More Thing*



domink said:


> well, normally the deposit is to prevent a scenario such as this,
> Once you pay the deposit the landlord takes the property off the market, if you then change your mind, the deposit is not returned and serves as compensation for delays in renting. Some agents/landlords may refund it, esp if they find an alternative tenant willing to start at the same time, but it's unlikely that you get that money back


Here's another thing that has happened.

The originally price for the apartment was 140 000 for 1 check or 145 000 for 2 checks

I negotiated down to 2 checks for 140 000. 

Now the agent says that in order to get the 2 checks for 140 000, I'll have to pay somebody aed 2000. Otherwise it will have to be for aed 145 000.


Are they allowed to do that and request for additional money. And this money is not on the contract, it's like paying somebody off. I don't fully understand, if he can request this.

Thanks for the replies.


----------



## Jumeirah Jim (Jan 24, 2011)

no they are not kashman

tell the agent the deal is off because they have changed the agreed terms and that you will report him/her to RERA (hopefully he/she is properly registered) if you don't get your money back. 

RERA take a hard line on agents, sometimes..


----------



## saraswat (Apr 28, 2012)

Kashman said:


> Here's another thing that has happened.
> 
> The originally price for the apartment was 140 000 for 1 check or 145 000 for 2 checks
> 
> ...


What this sounds like to me is a situation where a third party is coming in and putting up the difference, 10k for two cheques, on your behalf and asking for 2k for the service and having an understanding with the agent/landlord towards getting his/her investment of 10k back, usually at the end of the contract year. Not exactly your typical definition of loan-sharking but similar. All of this of course arranged/going through your agent.

Would agree with Jumeirah Jim and play hard ball. I've heard of such arrangements happening, personally I stay away ....


----------



## Jumeirah Jim (Jan 24, 2011)

saraswat said:


> What this sounds like to me is a situation where a third party is coming in and putting up the difference, 10k for two cheques, on your behalf and asking for 2k for the service and having an understanding with the agent/landlord towards getting his/her investment of 10k back, usually at the end of the contract year. Not exactly your typical definition of loan-sharking but similar. All of this of course arranged/going through your agent.
> 
> Would agree with Jumeirah Jim and play hard ball. I've heard of such arrangements happening, personally I stay away ....



OP if you do go ahead with this them make sure you see the landlord is the owner on the title deed and your cheques are made out to that person and nobody else

there have been plenty of scams with agents/their proxies acting as middle men and never passing on rent to owners


----------



## Kashman (May 14, 2013)

Jumeirah Jim said:


> OP if you do go ahead with this them make sure you see the landlord is the owner on the title deed and your cheques are made out to that person and nobody else
> 
> there have been plenty of scams with agents/their proxies acting as middle men and never passing on rent to owners


thanks for the good advice. Would hate to start looking all over again over aed 2000, but it's the principle of the matter. i'll delegate this decision to the wife 

still adjusting to the culture and sunday to thursday work schedule as well.:wave:


----------



## Mitchellsmom (Feb 3, 2012)

OKay. My company signed a lease for JBR. Handed over the money. I have only seen the property once. I went today, and noticed all the NO DOGS allowed. I have not accepted the keys- so handover of apartment is not done. i HAVE a dog. CAn I get out of this lease? HELP…need to know the answer to this question. I will ask my agent tomorrow, but I won't be able to sleep tonight for worry!


----------



## CHFIII (Mar 21, 2014)

Are there reputable services that basically handle everything for you to set up housekeeping for a fee? Wife and I are considering a move to Dubai if I find the right exec position but not if I would spend the first month running paperwork around and figuring out how everything works.

Ideally I would hope my employer has people or a service they pay to worry about it.

I don't mean for that to sound arrogant, it is just that for the sort of work I do I hope an employer would want me focused on my new job, not all the administrivia


----------



## Mitchellsmom (Feb 3, 2012)

Most companies have P.R.O.'s that do the work for you. You HAVE to go with them to do the physical, and get your driver's license..but they know the secrets for getting you in and out fast. It was rig a ma role involved..nothing in Dubai is easy, or makes sense to US-AMERICANS…(we are notorious for saying- well in American we don't do it this way….) because for the most part- America makes sense. Dubai doesn't. Patience is key. But- most large companies have P.R.O's so the answer to your question is YES.


----------



## TallyHo (Aug 21, 2011)

Pets have not been allowed in JBR for years. 

Did the adverts for the property say pets were allowed? If you have copies of the original adverts (and the contract itself saying pets were allowed) then you may be able to get out of the contract but it'll probably involve a fight and going to RERA. 

Otherwise, if you've already handed over the money I think you're out of luck, especially if the contract start date has already come and gone. 






Mitchellsmom said:


> OKay. My company signed a lease for JBR. Handed over the money. I have only seen the property once. I went today, and noticed all the NO DOGS allowed. I have not accepted the keys- so handover of apartment is not done. i HAVE a dog. CAn I get out of this lease? HELP…need to know the answer to this question. I will ask my agent tomorrow, but I won't be able to sleep tonight for worry!


----------



## CHFIII (Mar 21, 2014)

Mitchellsmom said:


> Most companies have P.R.O.'s that do the work for you. You HAVE to go with them to do the physical, and get your driver's license..but they know the secrets for getting you in and out fast. It was rig a ma role involved..nothing in Dubai is easy, or makes sense to US-AMERICANS…(we are notorious for saying- well in American we don't do it this way….) because for the most part- America makes sense. Dubai doesn't. Patience is key. But- most large companies have P.R.O's so the answer to your question is YES.


Thank Goodness! If all anyone asks is a 36 month strategy to roll out a program that complies with 23 countries' compliance standards with optimized 24/7/365 coverage that reduces cost and risk while coming in early and exceeding KPI's I am fine.... If I have to sign my name to a paper, fold it, get it into one of those envelope things and put the stamp on rightside up and manage to get it to a mailbox without adult supervision then I am basically a complete moron.

Life got easier when I learned not to fight things that make no sense and hire someone to do it while I focus on things I know how to do well. Let me get into processes that make no sense and I'm savvy enough not to use the hated around the world 'In America we do...' approach but I am likely to whip out my macbook and start doing a gap analysis between current and optimal state and powerpointing it for them ;-)


----------

