# Renting an appartment via POA



## safee (Aug 4, 2011)

Hello all

I am currently in the process of finalising a rental agreement but have a few issues.I am dealing with a real estate agent but he said the contract needs to be in the landlord name.

However the landlord does not reside in Dubai, Mr X has got a power of attorney (POA) from the landlord to act on his behalf regarding this particular property. The POA has been notarised in Pakistan 2 years ago and the UAE embassy in Pakistan has certified it as being a true copy of the original.I have sighted only the copy of the POA so far and have requested for the originals.

My questions:
1. Is the POA legally enforceable in the UAE?
2. Can we write the rental cheques in the landlord name instead of Mr X? Will Mr X be able to cash the cheques since he has the POA? I would prefer writing the cheques in the landlord name but agent is saying we need to write them under Mr X's name.
3. How will I know if the POA has been cancelled ? Will it say so on the original documents?
4. Do I need to sight both the original POA docs and the notarised one with the UAE embassy stamp?

Thanks for taking the time to reply.


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## rsinner (Feb 3, 2009)

this article should help
Sub-letting scams: Rera, expert checklist to help Dubai renters - Emirates 24/7

Banks may not accept the POA, as they would only go by the authorised signatory names in their records for an account. So Mr X cannot encash the cheque on the landlord's behalf. However, it is the landlord's problem to sort out, and the safer way would be for you to give the cheque in the landlord's name. 

Also, try registering the contract in Ejari BEFORE handing over the cheques.

I realise that the link and my suggestions are quite conservative, but then everyone is quite shook up by the rental scams, and the landlord/agent/Mr X should understand that.


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## safee (Aug 4, 2011)

rsinner said:


> this article should help
> Sub-letting scams: Rera, expert checklist to help Dubai renters - Emirates 24/7
> 
> Banks may not accept the POA, as they would only go by the authorised signatory names in their records for an account. So Mr X cannot encash the cheque on the landlord's behalf. However, it is the landlord's problem to sort out, and the safer way would be for you to give the cheque in the landlord's name.
> ...


I have used this article extensively today. Much needed.I don't think I can register into Ejari before signing the lease agreement. Don't I need to give the cheques when signing the lease? Do they have a kind of validation system in ejari to detect fraud or is it merely data entry system?


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## rsinner (Feb 3, 2009)

safee said:


> I have used this article extensively today. Much needed.I don't think I can register into Ejari before signing the lease agreement. Don't I need to give the cheques when signing the lease? Do they have a kind of validation system in ejari to detect fraud or is it merely data entry system?


Link in Dubai rental scams suspected | GulfNews.com

Read towards the end of this. They say you can "check" with Rera whether the ejari entry will cause issues. 
I think the ejari system will just prove that the title deed is in fact correct for you. However it does not sort the problem of the POA for you.


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## robert19802 (Dec 16, 2013)

safee said:


> I have used this article extensively today. Much needed.I don't think I can register into Ejari before signing the lease agreement. Don't I need to give the cheques when signing the lease? Do they have a kind of validation system in ejari to detect fraud or is it merely data entry system?


Correct, you cannot register a contract with Ejari unless it's signed by both parties, but more than that: you have to wait the start date of the contract before being able to register it. Let's make an example: if the contract start date is 01-FEB, then you can register on that date or any date afterwards BEFORE the contract expiration date. If the tenancy is expired already, you cannot register that contract any more.

As for the second point, the answer is "No". The Ejari system is not meant to detect fraud; its scope is to provide intelligence and data to the government about the rental market in the Emirate of Dubai. In this context, yes, the Ejari system is a mere data entry obligation for tenants.


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