Does an Ajman landlord need to return security cheques after a tenant stays only three days?

An Ajman tenant who had no tenancy contract and moved out of her property after three days should consult the police after her agent says they will cash in security cheques.

The Ajman tenant did not sign a rental contract, so the landlords are able to make up their rules as they go along. Sarah Dea / The National

I recently moved into a one bedroom flat in Ajman. I was told the rent was Dh1,950 a month. I did not sign a contract and the payment was going to be made on a monthly basis. The agents took Dh1,000 as well as two undated cheques of Dh1,950 as a security deposit. After just three days I told them I was leaving the flat as I felt uneasy about paying those amounts. They said the Dh1,000 token payment will not be returned, which I agreed to. Now these guys are saying that I also have to pay one month’s rent otherwise they will not give me my cheques back. But I moved out on the third day. Please advise what I should do. DN, Ajman

Given there is no contract, there are no terms or conditions either. This is therefore very difficult to police. Your decision not to proceed was based on the fact of not being able to pay the amounts but presumably you would have known this when you handed over the cheques in the first place? The only solution now is to mediate where possible because right now they are making up their rules as they go along given there is nothing in writing and therefore nothing stopping them.

If you find that they are not going to cooperate, my advice would be to go to the police. In situations like this where a “tenant” wishes to leave early there is always some form of penalty that the “landlord” charges for the privilege. This is normal when there is a contract in place but in your case you have already forfeited Dh1,000 and the deal was agreed only verbally so I would negotiate your cheques back aggressively or otherwise threaten to file a police case.

My question is in reference to the one-year notice for evicting a tenant. Our properties are in the name of a company and we also have schools that belong to the owners of the company that own the properties. Under these circumstances, can a tenant be asked to vacate the premises with a one-year notice as the properties are required for school staff (under the condition that since the company owners own the school and the properties, the properties are required for teachers’ accommodation)? PC, Dubai

An owner can request a tenant to vacate by giving 12 months’ notice for reason of requiring the property for own use or use of next of kin of first degree. The law is not so clear in the case you have described because theoretically neither the owners nor the next of kin will be using the properties themselves.

If you serve the existing tenant(s) the one year’s notice to vacate for reason of own use, then go on to rent the properties to your own staff (teachers), there is a possibility that the evicted tenant could file a case at the rental committee for compensation as the landlord is not able to re-let the property for a period of two years from the date of eviction. The potential solution I suggest, lies in allowing the teachers to stay but not to charge them rent.

Mario Volpi is the chief sales officer for Kensington Exclusive Properties and has worked in the property industry for more than 30 years in London and Dubai. The opinions expressed do not constitute legal advice and is provided for information only. Please send any questions to [e-mail]

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