# landlord in difficulty,pls advice!



## dorianne (Jan 28, 2016)

hi everyone!mine is a strange case : my tenant in Dubai ( I am foreign landlord who resides mostly in Europa) has not paid her rent since September 2015 ( in spite of all my requests and pressure),she didn't also register the contract with Ejari ( although she said she did) and now refuses to present me with a copy of her Emirates ID(franckly don't even know if she has oneas at the time of signing the tenancy contract she presented only her uk passport and work visa,now she seems to be unemployed though) so I can do it myself ,as without the Ejari registration I can not file a case against her in Rental Commitee>....her tenancy is over this March.What can I do to get the Ejari registration done and recover my money ? can I go to police ?anyone in this situation before?any advice much appreciated,thank you


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## Racing_Goats (Sep 5, 2015)

Did she give you cheques? If yes one option might be to cash any you have and file a police case if they don't clear: I assume you'd have threatened this already if you had a pdc from September..

Honestly it sounds like in reality you may have to bear the loss - without ejari, proof of tenant's residency etc any legal action could be problematic (and expensive). 

If the onus is on tenant to register ejari maybe she has foregone her rights as a tenant by not doing so and it might be possible to evict her without the usual notice requirements - best advice has to be speak to a lawyer.


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## dorianne (Jan 28, 2016)

hi !
no cheques ,only 2 bank transfers ( as agreed the year rent to be paid in for installments ,quarterly,the last two due one on 5tn sept and 5th dec,she didn't send ,coming up with excuses to buy more time). she refuses to talk to me ,to answer my phones etc...she refuses to provide the proof of dewa initial deposit bill as well ,she also refused to answer if she registered with Ejari or not,so it is all on me ,I have to make do with all I have ,without her id and all......the lawyer minimum charge is more then the money she owes me so it makes no sense...yeah i think it is a lost battle for me....hopefully she will move out, at least that much she promised on email not long ago...i am really distressed ...i am a person of my word and credited her with my patience and trust...a mistake I will never repeat ever again.....so someone suggested complain at the police ,but i don't know if this will help....


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## Racing_Goats (Sep 5, 2015)

I'm not sure but I think the police will tell you it's a civil matter. If nothing else make sure to follow the procedures for giving tenant notice that you won't renew the tenancy when it expires - I believe this has to be evidenced as received by the tenant from a courier but again check the exact legal requirements or you may not be able to remove the tenant after March either without spending a fortune for lawyers.


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## dorianne (Jan 28, 2016)

Has sent her a note about nonrenewal of contract by Aramex and by email a d she agreed to leave but said nothing about paying the due rent? Can she leave the country without paying? I was told that if i place a police complaint she wont be able to


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## mariot (Nov 4, 2013)

Where's the security deposit? Due to non payment of rent you can evict before end of contract. Where did you have tenancy Contract drawn up? Check the addendums


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## BedouGirl (Sep 15, 2011)

You can see the name of the company she works for on the visa copy. You could see if you can reach her there. She may be lying to you about having lost her job.


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## dorianne (Jan 28, 2016)

The deposit is 8500 she owes me 61500 !!!! I have contacted her job She left and they dont know her new company!!!the broker who dealt with us is also somewherelse as the company has closed so he is not reachable . As I said it is all on me. I have her uk passport and dubai work visa as I said!


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## BedouGirl (Sep 15, 2011)

I wonder if a debt collection company would work? The last thing she'd expect is someone to rock up and knock on her door. Most work on a percentage of what they recover, so if they don't get anything, they don't make anything.


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## dorianne (Jan 28, 2016)

That s a great ideea ! !!!! But is this legai in Dubai? I have no idea


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## BedouGirl (Sep 15, 2011)

dorianne said:


> That s a great ideea ! !!!! But is this legai in Dubai? I have no idea


Yes. Very much so. The only one I knew of here was called Decol. Try google and see if they still exist. If not, just google debt collection companies Dubai. Can you please come back and let us know the outcome/if they can help.


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## dorianne (Jan 28, 2016)

yes sure of course i will come back ! i have approached few i found on the net , i m waiting for their feedback! hopefully they will accept the case n wont charge a bomb!!!


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## BedouGirl (Sep 15, 2011)

dorianne said:


> yes sure of course i will come back ! i have approached few i found on the net , i m waiting for their feedback! hopefully they will accept the case n wont charge a bomb!!!


Everyone will be back at work on Sunday. I'm sure the deal will be no collection, no fee and surely your getting some money is better than getting nothing at all?


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## dorianne (Jan 28, 2016)

OK so far most companies I approached refused me as the amount is too small and they prefer to work with big companies ...... so I am a bit concerned if I will find one to take my case ((((((


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## dorianne (Jan 28, 2016)

first positive reply : they will take 12% of the amount as their fee plus other small fee as processing fee ,what do you think. is it a reasonable amount ? I was also anticipating smth like 10% ....


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## Chocoholic (Oct 29, 2012)

I still think you need to go to RERA and see what they say. You as the owner can register the tenancy contract for Ijari online.


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## dorianne (Jan 28, 2016)

gone through it already : rera won't even look at it unless you provide Ejari docs,Ejari doc n registration I can't do because she refused to give me her emirati I'd copy and only based in passport , ejari refused to register the tenancy contract _ so you see there s no other option


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## twowheelsgood (Feb 21, 2013)

How about lodging a case against her for the deposit cheque when it bounces? Cash it now.

Then go to the premises, and change the locks. If she objects then invite her to call the Police who are looking for her due to the bounced cheque. 

If she hasn't got a lease registered then surely she hasn't got any RERA protection either ? You cannot be evicted if you don't have a tenancy agreement surely ?


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## dorianne (Jan 28, 2016)

let me clear this : the deposit was made cash one year back at the beginning of contract, then she paid by bank transfer the first 2 quarterly rent instalments directly from her acc into mine, as both o

f us agreed upon this _ after that she defaulted the next 2 quarterly instalments namely the one due in 5sept n the last one due on 5 Dec! her tenancy ends this March n she agreed to move out but said she won't be able to pay!


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## dorianne (Jan 28, 2016)

I would not venture in changing locks and all ......tenants have rights tooo......and I can put myself in a tricky situation ...police will call her at the quaters n tell her to pay but that s all they can do in the present situation .....with rera cases takes also very long even if you win the case recovery of money can take a lot


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## twowheelsgood (Feb 21, 2013)

She isnt a tenant unless she has registered with Ejari. Tell her you are coming to change the locks and there is nothing she can do as she hasnt registered with Ejari and is squatting.

Stop being so nice to her - she is taking you for a ride and you are allowing her to claim rights which she does not have.


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## Racing_Goats (Sep 5, 2015)

Makes you wonder if she's subletting the place for more than should be paying you - cash deposit and no cheques hints at a scam, or at least someone wise to the system..

As for debt collectors, 88% of something is a lot more than 0% of nothing..


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## dorianne (Jan 28, 2016)

wel she claims to be a lawyer or at least she was acc to her visa so I m sure she knows how to play her cards plus the company she works for is in real estate sector .I have no idea if she registered with Ejari as refuses any communication and the Ejaribguys said they cant discolse info not even to a landlord


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## BedouGirl (Sep 15, 2011)

dorianne said:


> wel she claims to be a lawyer or at least she was acc to her visa so I m sure she knows how to play her cards plus the company she works for is in real estate sector .I have no idea if she registered with Ejari as refuses any communication and the Ejaribguys said they cant discolse info not even to a landlord


Have you tried to google her to see if she comes up in relation to her new employer or checked linked-in? If she is something like that, and she's doing this, her employer could be potentially damaged by her actions if there is legal action or debt collectors involved.


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## dorianne (Jan 28, 2016)

yes I did googled her n more then that I wrote to her company few days ago but yet waiting for an answer


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## dorianne (Jan 28, 2016)

I mean her old employer , in their website she appears as still employed at the same company like before so there is where I wrote abt my problem


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## TallyHo (Aug 21, 2011)

Your problem is that you have no proof that your tenant didn't pay you.

A bounced cheque is proof. The police can use it to open a case against the tenant.

But international wire transfers? What's to prevent the tenant from saying she did send you the money and that you're lying? It gets very complicated. That's why the police won't get involved because there's no proof of wrongdoing without showing them months of bank statements from both your bank and her bank to prove a wire transfer never happened. 

Do you not have a local bank account in Dubai to accept cheques locally? I'm impressed, to be honest, because there's no real paper trail being left here and you must have a paper trail when dealing with large amounts of money, both cheques and deposits (deposits in cash is not a good idea). 

I think you're going to have to accept that the money is lost. 

The contract will not roll over because no one has agreed (either side) to renew it and she's unlikely to be paying you anything, so you need to come to Dubai once the current tenancy agreement expires (odds are the apartment will be empty), change the locks and rent via a proper agent and only accept cheques, never cash. If the tenant is still in the apartment, get the police to evict her (it will be some trouble but the tenant will most likely go quickly or not even be there to avoid any possible trouble with the police).


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## mariot (Nov 4, 2013)

dorianne said:


> wel she claims to be a lawyer or at least she was acc to her visa so I m sure she knows how to play her cards plus the company she works for is in real estate sector .I have no idea if she registered with Ejari as refuses any communication and the Ejaribguys said they cant discolse info not even to a landlord


If this entire drama series was real and you had title deed to this property in your name Rera would allow you to cancel Ejari if it was ever done. Best go to Dubai Land Department offices with all your documents as weekend is over shortly.


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## dorianne (Jan 28, 2016)

transfers happened locally not international wire transfer- i never said that !!!!! i do have proof of my transfer received from her bank ,of course I can prove and she can crosscheck as well.that s not the issue.I am not new to tenancy business,so I generally do not accept anything else but one checques only ,this time I was not there at the time of signing the contract but I had a POA person doing it for me ,which accepted the 4 quarters installments,her company quarantining for her.she refused to give PDCS at that time so we put it in written in the tenancy contract that it is gonna be transfers at particular dates and the specified amount!the police can not force her out I checked.I m in and out Dubai on regular basis but I m not a permanent resident ,of course I m coming to take over the flat.currently the flat is occupied ( at least last week it was according to the building manager and also in good condition).


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## dorianne (Jan 28, 2016)

sir I am not here for you to offend me or suspect me nor to socialize to pass my time on this forum...your advice is much appreciated but contain no information nor new suggestion....I did go to both Rera and Ejari ,I have already posted above that they said,if you are kind enough to read carefully ...thank you very much for your time and effort to answer this ,even if in a very odd manner...

"If this entire drama series was real and you had title deed to this property in your name"


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## crt454 (Sep 3, 2012)

File a police report asap, btw how's she living with lights on? She would have to register with dewa and provide her contract right?? 

With her being a lawyer she probably found a loop hole.


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## dorianne (Jan 28, 2016)

*please advice*

hi again,I have finally received an answer from her ,after I have written to her company .....My impression is that she is not telling the truth again ,otherwise why would she hurry to answer all of a sudden,unless she really is still working there and she was told to take action ....anyway I really am wondering she is the lawyer she said she is,just taking a look at the way she communicates ,her grammar and all.....i m really puzzled here....so what do you think: shall I go ahead with mt debt collecting company or stay put? worth to mention is,that this is not the first time she promise she will pay .......

Good morning.

My old employer has sent me this message from you.

They haver asked me to respond to you as they do not deal with past tenancy agreements and have no relationship with the landlord. Accordingly this compamy will not be responding to you and will not get involved in out contractual relationship.

I must deal directly with you nd my old nor my new employer will get involved.

I am keen to settle with you and I have yesterday secured my new apartment so I will be able to confirm exactly when i will be able to make the payments to you in the nest few days. I will also be able to settle the final dewa bill by 26th February and hand the apartment over to you a few days early.

Kind regards


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## dorianne (Jan 28, 2016)

i honestly don't know,i suppose she has registered and all everywhere but with me abroad and not being able to reach her directly she played me,fact is she refused to give me a copy of her EDI or Dewa initial deposit or registered Ejari contract......police will only ask her to pay but nothing more unless there is bounced cheque involved


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## SummerGlow (Jun 18, 2013)

dorianne said:


> hi again,I have finally received an answer from her ,after I have written to her company .....My impression is that she is not telling the truth again ,otherwise why would she hurry to answer all of a sudden,unless she really is still working there and she was told to take action ....anyway I really am wondering she is the lawyer she said she is,just taking a look at the way she communicates ,her grammar and all.....i m really puzzled here....so what do you think: shall I go ahead with mt debt collecting company or stay put? worth to mention is,that this is not the first time she promise she will pay .......
> 
> Good morning.
> 
> ...


I do not think you should trust someone who is lying to you continuously, next thing she will disappear or flee the country and you will never find her again. take action!


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## The Rascal (Aug 6, 2014)

The letter to the employer has riled her, why don't you stop procrastinating and do something about it?


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## dorianne (Jan 28, 2016)

question is ,shall I still wait for few days before signing the contract with the debt collectors or shall directly go ahead?

secondly this is the contract with the debt collectors,anyone can give me a hint if this is the standard one ,and if the content is ok ?once i sign off I can't change my mind >thank you



Professional Service Agreement

This Agreement is made on the --/01/2016 in Dubai, UAE between:
First Party Second Party
..................Associates, Advocates & Legal Consultants
PO Box: .........., Dubai, UAE	

The FIRST PARTY is a duly licensed Law Firm practicing within UAE and outside through its Associates. Both parties are entering into a professional service agreement authorizing the FIRST PARTY to conduct the cases that have been given by the SECOND PARTY to recover its outstanding financial receivables or goods recovery in relation to debtor / defaulted customers.

Both parties agree on the following:
I. The SECOND PARTY will provide the FIRST PARTY with the detailed address, outstanding amount and all the available supporting documents pertaining to the case. The outstanding balance (claimed amount) should be according to the statement of account given by the SECOND PARTY. In addition, the SECOND PARTY shall provide an updated Statement of Account once in every 30 days during the course of debt collection.
II. Once the FIRST PARTY starts providing its services, all negotiations with the debtor shall go through the FIRST PARTY only. The FIRST PARTY shall keep the SECOND PARTY updated about the negotiations thereof. During the negotiation, if the debtor offers to settle a certain amount as final payment to the SECOND PARTY and later on if the SECOND PARTY doesn’t agree and do not confirm to proceed with a civil case and hold the matter beyond the agreed period of 120 days, then the FIRST PARTY is eligible to get the commission on the negotiated amount.
III. The SECOND PARTY shall have the right to withdraw the case from the FIRST PARTY if no result-oriented work has been achieved within one hundred and twenty days (120 days). If the FIRST PARTY initiates any legal proceedings such as a criminal case or a complaint before any government authority to recover the due amount on behalf of the SECOND PARTY, then the SECOND PARTY will not have any rights to withdraw the case, Power of Attorney or to terminate this agreement. Otherwise, the SECOND PARTY would be obliged to pay the agreed fees to the FIRST PARTY. 
IV. The FIRST PARTY will not enter into any settlement with the debtor unless written approval is given by the SECOND PARTY. If the SECOND PARTY has resolved the dispute amicably with the debtor, then it should be informed to the FIRST PARTY within 2 working days. The SECOND PARTY would be obliged to pay full commission within 7 days from the date of settlement thereof.
V. In addition to article (IV) of this agreement, in case of the delay in settling the FIRST PARTY‘s invoices within 7 days from the date of receipt of the settled amount by the SECOND PARTY, the FIRST PARTY will be entitled to receive an additional 5% commission of the total recovered amount from the SECOND PARTY.
VI. The agreed debt collection services fee will be due at any time during the course of debt collection upon the debtor making any settlement, the SECOND PARTY agrees to pay the FIRST PARTY’s full commission on the collected amount any time after the DEMAND LETTER is sent by the FIRST PARTY to the debtor, if ,for example, the SECOND PARTY decides to settle the outstanding (claim) with the debtor; a direct payment is received; a withdrawal of the case for any reason; a free of charge waiver or discharge; a product or services returned or received in lieu of payment; a settlement from any source including the recovery of security or guarantee cheques; Overall, the commission will be due whenever the FIRST PARTY initiated with process of recovery, should the debtor make any settlement of the dues, the SECOND PARTY shall be liable to pay the agreed fee to the FIRST PARTY.
VII. FIRST PARTY will neither agree on any settlements, waiver, discharge and relinquishment nor grant repayment respite time, without the SECOND PARTY’s written consent.
VIII. During the course of debt collection, if any settlement is made by the debtor to the SECOND PARTY through PDCs (Post Dated Cheques), the SECOND PARTY agrees to pay the FIRST PARTY's fee on a pro-rata basis with the recovered Cheques received from the debtor.
IX. This agreement is only limited to out of court settlement, mediation or reconciliation. If a case is to be filed, the SECOND PARTY has to provide a Letter of Authorization to proceed before the Chamber of Commerce or a Notarized Power of Attorney to proceed with a Court / Police Case. If a Police complaint is being filed by the SECOND PARTY themselves, then the SECOND PARTY has to give all original cheques to the FIRST PARTY along with a Power of Attorney. In case of recovery, the FIRST PARTY is entitled to receive full commission.
X. The terms and conditions of this agreement are not applicable whenever the SECOND PARTY instructs to proceed with a court case and a separate Professional Fee, Court Fee, Translation Charges and Expert Fee shall be applied for each case. In case of any Legal Consultation / Opinion / Review of the contract instead of debt collection, then the agreed fees for Consultation / Opinion / Review is payable to the FIRST PARTY by the SECOND PARTY. If the legal consultants are attending the meeting out of office as and when required then a minimum Fee of AED 1000 may be charged.
XI. When the case is being handed over to the FIRST PARTY, the SECOND PARTY may not contact the defaulter directly regarding the same dispute except for auditor’s requirements.
XII. FIRST PARTY reserves the right to claim its full commission when the SECOND PARTY involves FIRST PARTY’s name in any of their legal matters without the written consent of the FIRST PARTY. 
Agreed Terms: 
Agreement Fee	AED 1,000 (to be paid upon first recovery)
Criminal Case Filing Fee (applicable for bounced cheques issues)	AED 2,000 (to be paid upfront) & agreed commission upon recovered amount. In case of judgment, full commission has to be paid. 
Chamber Mediation Fee (if applicable)	This will be calculated on the claim amount approved by the Chamber of Commerce.
Commission	12% on the recovered amount.
Legal Consultation /Opinion / Reviewal of contracts (if required)	Fee will be decided on case to case basis based as per the requirement subject to Second Party’s approval
Note: Any charges related to a bank transfer will be borne by the Second Party.

All claims less than or equal to AED 25,000 will be subject to a minimum commission of 25% on the recovered amount.
The First Party The Second Party

Name: Name:

Signature & Stamp Signature & Stamp


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## Chocoholic (Oct 29, 2012)

I agree with the others. You have to take action now, she's fobbing you off. She knows you've been in contact with her employers and this could cause her problems. Once she moves out - game over. She'll just disappear.

So she's missed two payments - at which point you should have given her 30 days to remedy the situation, them evicted her - which you are legally allowed to do.

She hasn't given you 90 days notice to say she's moving out. She hasn't paid you, yet magically can find money for a new apartment?

Come on, she's playing you BIG time.

I'd be sending someone over there to change the locks and hold all her stuff to ransom until she pays you.


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## dorianne (Jan 28, 2016)

it seems there is no other option then to go ahead with the debt collecting company.....as I said I have given her repeated notices re the due payment and the non renewal of the tenancy ,at which point she said she will move out ,but underlying to me that the notices were not notarized as per regulation re.the tenant-landlord disputes.also I have demanded her to pay me penalty for delaying the payment,yet this above was her constant attitude,of promising she is gonna pay at some point in time......so changing locks and secluding her goods will only make things worse,I was hoping going legally with the debt collector will be on the safer side for me too ( moreover I can not afford to spend so much time in hunting this down on my own ....)


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## Chocoholic (Oct 29, 2012)

dorianne said:


> it seems there is no other option then to go ahead with the debt collecting company.....as I said I have given her repeated notices re the due payment and the non renewal of the tenancy ,at which point she said she will move out ,but underlying to me that the notices were not notarized as per regulation re.the tenant-landlord disputes.also I have demanded her to pay me penalty for delaying the payment,yet this above was her constant attitude,of promising she is gonna pay at some point in time......so changing locks and secluding her goods will only make things worse,I was hoping going legally with the debt collector will be on the safer side for me too ( moreover I can not afford to spend so much time in hunting this down on my own ....)


Ah this is the thing that's going to come back to bite you - and she knows it.

Because you've not sent anything notorized and through RERA, legally they will consider nothing has been done from your side. Because the payments are transfers and not cheques, nothing can be done about that - which is why they have the cheque system - 3 bounced and you can instantly file a police case. You HAVE to do things by the book, or they don't want to know.

Now you see, if you send in the debt collectors - because you've not sent anything official or legal, she could well turn around and claim harassment. I would in all seriousness call RERA and see what they advise and make your next step very carefully.

This is why I use a reputable agency to rent my apartment - they deal with everything.


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## The Rascal (Aug 6, 2014)

Demand as much as you want, if there is no tenancy agreement the only real hope you have is taking her to court or getting the heavies in. 

As you won't take the latter option, you may as well forget it.


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## Chocoholic (Oct 29, 2012)

The Rascal said:


> Demand as much as you want, if there is no tenancy agreement the only real hope you have is taking her to court or getting the heavies in.
> 
> As you won't take the latter option, you may as well forget it.


But to take her to court, you have to have followed procedure, otherwise the rent committee won't even touch it. This is going to be the problem now.


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## The Rascal (Aug 6, 2014)

Chocoholic said:


> But to take her to court, you have to have followed procedure, otherwise the rent committee won't even touch it. This is going to be the problem now.


I agree, but she hasn't really got a leg to stand on, good money after bad, employ a few guys and get it sorted.


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## dorianne (Jan 28, 2016)

this is why I was trying to get the contact registered with Ejary myself so that I can proceed with Rera complain,but I am stacked so far ,today my poa person will again try to deal with Ejari to register the contract without her emirates id ( which she refuses to give),we have already been refused twice


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## BedouGirl (Sep 15, 2011)

Can you really not find her in her new company on Linked in? I'd be inclined to call her bluff and tell her that you've employed a debt collection agency and she can expect them to come calling very soon.


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## SummerGlow (Jun 18, 2013)

dorianne said:


> this is why I was trying to get the contact registered with Ejary myself so that I can proceed with Rera complain,but I am stacked so far ,today my poa person will again try to deal with Ejari to register the contract without her emirates id ( which she refuses to give),we have already been refused twice


Are you currently in UAE? Just go to the flat, change the locks, and see if you perhaps find a copy of her passport or emirates ID in the flat. To be honest, desperate times require desperate measures. She is messing you about big time, so you need to get things under control.


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## The Rascal (Aug 6, 2014)

Can you name and shame for a few minutes until the mods remove the name? ;-)


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## LesFroggitts (Dec 30, 2013)

The Rascal said:


> Can you name and shame for a few minutes until the mods remove the name? ;-)


We're always watching...


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## dorianne (Jan 28, 2016)

I m gonna be in Dubai in 8 days from now but I have people who can do it for me in between , thing is changing locks and all is not that simple , there a procedure to follow otherwise i can end up in trouble! I have her passport not her EID! I think catching her by surprise by debt collectors is better then informing her !


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