Abu Dhabi tenant’s eight-month wait for deposit return goes on

Abu Dhabi landlord took six months to return tenant's security deposit and the District Cooling deposit is still outstanding. Mario Volpi advises.

Mario Volpi advises an Abu Dhabi tenant who is having problems getting a deposit returned. Silvia Razgova / The National

In March 2015 we vacated an apartment in a gated community near Abu Dhabi. We moved because the rent jumped up following the removal of the rent cap. All went well with the handover, but eight months later we are still waiting for the return of one of our deposits. The staff working on behalf of the landlord, a developer, have made promises to return the money but still it has not been delivered. We raised this at the executive director level in the company and eventually received the rent deposit back after six months, but we are still waiting for the District Cooling deposit to be returned. The amount to be returned is not in dispute – they simply refuse to pay it. What can we do? IS, Abu Dhabi

The return of a deposit is one of the most common problems I hear about and one that often doesn’t follow a “one size fits all solution”. In your situation, you have had to be incredibly patient and also persistent which has now ultimately paid off as you have finally received your rental deposit monies back. I recommend that with the District Cooling deposit, you keep up your persistence with the company and/or try to take matters at even higher levels. Given that the amount is not in dispute, I suggest requesting a face-to-face appointment and being available in person is often the key to success as telephone calls and emails are too easily ignored. Threatening to go to a higher authority, such as the municipality, might help but I always believe diplomacy is the way forward. Being polite but firm should win the day. I’m certain that the amount in question is too small to file a court case, so please try and keep persevering.

What is the law for an early lease termination in Ras Al Khaimah? We rented an apartment in Al Hamra village and had so many issues after moving in that we have decided to leave after two months. When checking the contract terms, we noticed the landlord added special conditions into the document. We have a copy of the contract we signed without any of the special conditions. To end the issue positively, we sent a one-month notice to the landlord, but he refuses to accept it and insists on us staying until the contract ends. We went to the municipality, legal department and the police station in RAK but nobody could tell us what the law is. And how we can cancel the contract if it's been modified after we signed it? EP, Ras Al Khaimah

Any alteration to a contract after all parties have signed it is not permitted without the agreement of the said parties and therefore will render the contract null and void. I suggest you use this extremely serious point to cancel the contract and move on. Seeking another way to remove yourself from this situation may also prove difficult as the rental sector in RAK is still developing, and unfortunately there does not seem to be any clear procedure yet of how to legally break a tenancy contract. Perhaps you can use examples of what happens in other emirates to help in your continued negotiations with the landlord. In Dubai, for example, there is a commonly followed practice that the tenant has to pay a penalty of two months’ rent and in Sharjah the amount is 30 per cent of the outstanding rental amount. Given that the RAK municipality or the higher authorities have not been able to assist you, try and find some common ground with your landlord and perhaps explain his responsibilities to you as his tenants regarding the maintenance of the property. If he had been more responsible you probably would not have sought early termination of the contract in the first place.

I am subletting a room. When I moved in I paid a deposit of Dh1,000 (to secure the property). No terms were discussed apart from rental price and the monthly payment and no written contracts were exchanged. I am now leaving Dubai but have only given a few days’ notice. The person I rent from is demanding a month’s rent. As no contracts were exchanged and this was not discussed, where do I stand? EA, Dubai

The fact that you do not have a proper written contract means that no conditions to the agreement can be verified. Therefore the fact that you have given only a few days’ notice to vacate should not be the trigger point for you to pay one whole month’s rent, as this would not have been agreed upon beforehand. More importantly, subleasing is not allowed unless the landlord is aware and has expressly agreed to it (in writing). Therefore before entering into further contentious discussions, I suggest you request the proof from this person that they are legally subletting.

Mario Volpi is a real estate professional who has worked within the industry for the past 31 years in London and Dubai. The opinions expressed in this article are those of the author and they do not reflect in any way those of the institutions to which he is affiliated. It does not constitute legal advice and is provided for information only. Please send any questions to [e-mail]