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I lost my job on January 31st Can’t pay the rent for my apartment since February.
I visited the landlord’s office and told him I had a job offer and could start paying rent next month.I also want to convince him that I will Pay outstanding balances Pay in installments along with my monthly rent.
but my Landlord disagrees with my terms and demand that I pay all dues immediately or file a lawsuit against me.
I Can’t pay rent The one-time payment is due because I have other obligations to liquidate. Please advise. ZK, Dubai
The first thing to do is not to panic.It is clear from your letter that you have Trying to reason with the landlord, Given your situation, but he’s either not ready to listen, or he’s had enough and just wants to get out of the situation.
It’s not anyone’s fault, but if you can’t reach a mutual agreement, going to the Rent Dispute Resolution Committee (RDSC) may be your only solution.
While I can’t predict exactly what the judge might say, it’s clear to me that you are now finally paying what you owe on top of your monthly rent.
A judge will decide whether this is reasonable or pleasing to the currently penniless landlord.
Non-payment of rent is grounds for eviction, and you’re lucky the landlord hasn’t filed a lawsuit in the past few months.
In this case, it’s all about reaching a compromise because it’s not anyone’s fault. But your unemployment at the time affected your landlord, so now he’s looking for some comfort.
Your offer, no matter how reasonable it may seem today, may not be enough for the landlord, so let him file a lawsuit against the RDSC. This way, you will also have the opportunity to defend your position.
I am concerned that the fees charged by my facility management (FM) contractor are not in accordance with the terms of my property sale and purchase agreement (SPA).
The contractor wants me to pay an annual facility maintenance fee of AED 6,000 one year before the property is handed over.
According to the SPA, they also mentioned that there is no defect liability period, which should begin at handover.
The developer also charges a fee to issue a No Objection Certificate (NoC) for properties that have not been handed over. is this right?
How can I solve these problems? PH, Abu Dhabi
I will answer your inquiries to assist you, but given that your inquiries are complex in general and you have detailed the specific terms of your SPA, I recommend that you also consult a lawyer to help you with this.
Regarding your first point, if the contract states that AED 6,000 must be paid prior to handover, unfortunately, this amount must be paid. No payment if not mentioned in the contract.
If your contract does not have this clause, FM Company cannot hold property in this manner for ransom.
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Dubai Real Estate Apartment Prices – September 2022 – Image
Your second point mentioned non-defect liability. This exists by law and is valid for 12 months. This cannot be excluded from the contract as the law takes precedence. There is no defect-free liability at the time of handover.
To get a NoC from a developer, there is a fee. The cost can range from AED 1,000 to AED 2,000 (for reference), but is never a percentage of the sale price of the property.
Mario Volpi is Sales and Rental Manager for Engel & Volkers. He has been in the real estate industry for over 35 years in London and Dubai. The opinions expressed do not constitute legal advice and are provided for informational purposes only.Any questions please send to mario.volpi@engelvoelkers.com
Updated: September 22, 2022 4 am
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