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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

Lawyer

Hi

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إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

Kindly, could you clarify your question in details so we could help you legally better with pleasure.

الرد من العميل

I have been staying in an apartment for about 1 year and 6 months but lately I have been having mould growing in my apartment and I sent a message to the person in charge since august 2020 and even called severally but no one responded.So I had to write the building management informing them of my intention to cancel my contract as I couldn't cope with mould growing in the apartment and also told them I am ready to pay the penalty. But they are refusing to cancel the contract and also release my cheques with them and I have already paid for another apartment

الرد من العميل

Also it was at after I got another apartment they now offered to send their maintenance team

إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

We would like to inform you that according to the Rents Law in UAE, the emirate in which you reside and to the law, the tenant must carry out maintenance work for the purpose in order to enable the tenant to benefit from the rent
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

الرد من العميل

What can I do to stop them from going to withdraw from my account to avoid having a bounced cheque since I have informed the Municipality

الرد من العميل

Also can I have your mobile number

الرد من العميل

I would like to also show you the document I got from the Municipality

إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

Dear, to avoid bouncing the check, you can submit a request before the municipal court to stop the checks granted to the lessor due to a rental dispute, and then obtain a decision to stop them and notify the bank, and that the lawsuit is filed against the lessor or the Real Estate Regulatory Office within a week from the date of stopping the checks, and then explain the matter to the court to obtain On a court ruling in your favor

إسأل Lawyer

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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