# Landlord Lost My Cheque - Please Help



## mturan (Jul 31, 2016)

Hello,
I moved my apartment and issued 110.000 aed cheque to my landlord 3 months ago. Real esteate agency called me 2 weeks ago and they said that landlord lost the cheque we will write letter to you please issue another replacement cheque. After that I said that letter is not official thing landlord should go to police station and fill a case about this by this way we can cancel cheque via bank.

2 weeks passed but they are still saying landlord is abroad now and because of that he cannot fill a case, We already wrote letter to you please issue cheque again... They really insisting about cheque without police report but I said that strictly i am not going to write another cheque before police report.

I am afraid because of they can maybe send evicton notice by claiming unpaid rent, after evicton they can deposit my "lost cheque". What should I do ?


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## twowheelsgood (Feb 21, 2013)

If you have paid your rent. they would have to give you 12 months notice from the end of your contract so don't worry about eviction - there is nothing they can do until the end of your contract at the earliest. If they keep on at you. Tell them you will go to police for harassment and an attempt to get a second cheque to cash illegally. The Law is on YOUR side so don't worry.

Have you got a receipt for the payment of the rent ? If you have, you are completely fine. Don't worry about it.

Do NOT give them another cheque - its their problem if they lost it. You are quite right to be suspicious about their intentions.

They cannot send an eviction notice until the end of your lease at the earliest. Make sure you keep everything in email and writing - don't agree to anything they say verbally.

Point them at this Forum if they persist and tell them you've had advice from people here.


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## mturan (Jul 31, 2016)

twowheelsgood said:


> If you have paid your rent. they would have to give you 12 months notice from the end of your contract so don't worry about eviction - there is nothing they can do until the end of your contract at the earliest. If they keep on at you. Tell them you will go to police for harassment and an attempt to get a second cheque to cash illegally. The Law is on YOUR side so don't worry.
> 
> Have you got a receipt for the payment of the rent ? If you have, you are completely fine. Don't worry about it.
> 
> ...


Hello thanks for reply. I think you little misunderstood me. I gave them 1 year cheque but they didn't deposit yet and they are claiming landlord lost the cheque. I strictly said landlord must get police report I am not accepting letter. So I am worry about eviction notice or something like that. I want to protect my self because I gave 110.000 aed cheque 3 months ago. I have EJARI(DIFC version)


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## Stevesolar (Dec 21, 2012)

mturan said:


> Hello thanks for reply. I think you little misunderstood me. I gave them 1 year cheque but they didn't deposit yet and they are claiming landlord lost the cheque. I strictly said landlord must get police report I am not accepting letter. So I am worry about eviction notice or something like that. I want to protect my self because I gave 110.000 aed cheque 3 months ago. I have EJARI(DIFC version)


Hi,
It's their problem to sort out - not yours.
They can't claim that a cheque that you issued has bounced - as they don't have the evidence for that!
You paid a cheque in good faith - let them do the leg work to sort out their error.
Let them do all that is necessary to prove that the original cheque is properly cancelled - with proper confirmation from your bank - once you have that evidence, you can then issue another cheque.
Cheers
Steve


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## twowheelsgood (Feb 21, 2013)

Well said Steve.

If the OP has Ejari, then thats as good as a receipt with the tenancy contract.


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## Malbec (Jan 2, 2014)

Out of curiosity, is it not possible to cancel the cheque issued at the bank and re-issue another one? Unfortunate things do happen and it is possible that someone could have lost a cheque. That's why I hate cheques, bank transfers are much more reliable.


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## twowheelsgood (Feb 21, 2013)

Malbec said:


> Out of curiosity, is it not possible to cancel the cheque issued at the bank and re-issue another one? Unfortunate things do happen and it is possible that someone could have lost a cheque. That's why I hate cheques, bank transfers are much more reliable.


Banks have a bad habit of cashing cheques regardless, including post-dated ones if they are having an off-day.

The OP is right to be concerned - play it safe and no replacement cheque until the Police are squared away and not before.


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## Sunder (Mar 11, 2014)

Malbec said:


> Out of curiosity, is it not possible to cancel the cheque issued at the bank and re-issue another one? Unfortunate things do happen and it is possible that someone could have lost a cheque. That's why I hate cheques, bank transfers are much more reliable.


With my limited banking knowledge, yes, bank can cancel the cheque. I believe the OP has the cheque no and he can approach the bank to cancel the cheque. I dont know whether OP can state the the landlord lost the cheque.

I am wondering still, as it has been 3 months and the cheque was still not encashed. Usually, all the landlords encash the cheque on the same day.

Stating above, I believe OP is correct on being suspicious.


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## Stevesolar (Dec 21, 2012)

Sunder said:


> With my limited banking knowledge, yes, bank can cancel the cheque. I believe the OP has the cheque no and he can approach the bank to cancel the cheque. I dont know whether OP can state the the landlord lost the cheque.
> 
> I am wondering still, as it has been 3 months and the cheque was still not encashed. Usually, all the landlords encash the cheque on the same day.
> 
> Stating above, I believe OP is correct on being suspicious.


Hi,
The originator cannot cancel a post dated cheque - only the person you wrote it to can cancel (or return) it.
That's why the OP is (correctly) insisting that the landlord does the cheque cancellation process.
Cheers
Steve


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## ThunderCat (Oct 28, 2015)

I'd ignore them and stop answering their calls.


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