إسأل Lawyer الآن
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
إجابة الخبير: Waleed Al-Helo
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
الرد من العميل
Hi Sir, I rented apartment in Dubai and issued (4) cheque for the annual rent. The agent keep calling me and send me e-mail to replace my 2nd checked with cash because as per in his e-mail that the owner's bank account has been dormant. Should I give them what they want? What proof I need to asked them to make sure that its true. If I decided not to replace the cheque with cash will I be charge for not giving what they want since the problem is not on my part. P.S. They did not resolved the issue of bad smell from the air condition in my apartment after several request .We requested to refund our payment without penalty but they refused. Please advise.Thank you.Maria
إجابة الخبير: Waleed Al-Helo
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
By referring to the text of Articles 742 and 770 of the Civil Transactions Law, which stipulates that the lease is a consensual contract, which is the ownership of the lessor to the lessee, a intended benefit from the leased thing for the duration of the lease term. It is not permissible for the landlord to be exposed to this benefit, otherwise he is a guarantor of the damage caused to the tenant.
Also, the lessor’s entitlement to the rent is mandated to enable the lessee to benefit from the leased property and his obligation to remove any obstacles that prevent this use, whether it is the result of material or legal exposure, otherwise the lessee would have to request annulment or reduce the rent, and the fee will fall for the amount of what he missed from the benefit In implementation of articles 745, 763 and 771 of the aforementioned Civil Transactions Law.
Consequently, it is possible to go to the municipal court and institute a cancellation of the lease agreement with proof of what has been mentioned at the court for the purposes of canceling the lease contract and recover the insurance amount from the lessor
إسأل Lawyer
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
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