Advice needed- Landlord filed a case against me

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Zman

New Member
Hi all,

Any thoughts and advice would be much appreciated!!

I have been living in my apartment in Dubai for the last couple of years with almost no problems. When I first signed the lease for the unit, I went through a local Power of Attorney who acted on the behalf of the Landlord who is out of the country. I must also add that all rental checks were signed in POA's name not the Landlord, which seemed to me quite odd when I first signed them.

Anyway, as the year progressed I started receiving calls from First Gulf Bank informing me that the Landlord has defaulted on his mortgage and that I should force the POA to change the remaining checks in the Landlords name. Apparently the POA has been cashing the checks and sending them to the Landlord abroad and with holding the mortgage payments. Well I couldn't do anything and told them I'm just a tenant and if they want their money then they should take them to court.

Despite receiving also numerous letters from FGB's lawyers that I must vacate the apartment, I held on to my nerves and stayed in it until the lease expired.

Following that, First Gulf Bank quickly contacted me and informed me in writing that since the Landlord has defaulted on his loan and is now a criminal in the UAE they have the right to act as POA on his behalf. They then proceed to provide me with a tenancy contract on behalf of the Landlord and with a significant rental decrease. I've hesitantly signed it and wrote all checks in also the Landlord's name.

My family and I have been living in this apartment for the past 10 months, however today I have received a court order from the Dubai Municipality informing me that the previous POA has file an court order against me for failing to pay the rent for the past 10 months and wants me to pay the amount in full for the year.

I have copies for all the checks and they have definitely been deposited in the Landlords account at First Gulf Bank.

I would really appreciate if someone of you would share your thoughts are as my hearing is on Wednesday late afternoon.

Thanks
 
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Propertyjunkie

New Member
That's ridiculous! Surely they can't hold you responsible for any discrepancies or shortcomings?!
As long as you have copies of the checks you can prove that you have paid the rent it's not your problem?

Good luck.
 
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blueshift

New Member
I would be interested in knowing what happened.

First Gulf Bank quickly contacted me and informed me in writing that since the Landlord has defaulted on his loan and is now a criminal in the UAE they have the right to act as POA on his behalf.
I don't think there is such a law.

The bank is not the legal owner of the property. I don't know how they can lease the property out to whoever they please at whatever rate they like without the agreement of the owner.

The bank presumably has a dishonoured cheque from the owner, which makes the owner a criminal, but I think they would need to get a court judgement before repossessing his appartment.
 
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pro

New Member
My advice would be to sit tight and let the rent committee decide. You have proof that you have provided the cheques for the rental period. However, it would seem that renewal is upon you and I would suggest that you deposit the new years rental with the Rent committee until this issue is resolved.

How FGB could have rented the property is beyond me unless they had proceedings against the landlord and obtained a valid court order. Maybe ask to see a copy next time they come around.
 
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