Landlord Lease Help?
Discussion
G'day! Getting cheeky here with my second request for help in as many days but having some issues with my landlord and wondered if anyone here knew what my options are.
Basically, 2 months ago we agreed (through his agent) a renewal figure for the 12 monthly renewal due to start 1st May (today). I gave him one cheque two weeks ago, post dated to today, which he has not cashed yet but also I have not received the countersigned lease yet either. Then I get a fax at work today in Arabic, which translated was from his lawyers serving me an eviction notice to get out in 3 months time. The agent says it is nothing to do with her and he can't do that as he has to give me 12 months notice in writing which he has not done.
Anyone know where I actually stand in terms of having to abide by this or whether I can force him to honour another year? The only info in writing is the lease agreement I signed, which is now either with the agent or the landlord (I need to check). If it makes any difference we have already been in the apartment 3 years and it is in downtown.
As always any help greatly received!
Basically, 2 months ago we agreed (through his agent) a renewal figure for the 12 monthly renewal due to start 1st May (today). I gave him one cheque two weeks ago, post dated to today, which he has not cashed yet but also I have not received the countersigned lease yet either. Then I get a fax at work today in Arabic, which translated was from his lawyers serving me an eviction notice to get out in 3 months time. The agent says it is nothing to do with her and he can't do that as he has to give me 12 months notice in writing which he has not done.
Anyone know where I actually stand in terms of having to abide by this or whether I can force him to honour another year? The only info in writing is the lease agreement I signed, which is now either with the agent or the landlord (I need to check). If it makes any difference we have already been in the apartment 3 years and it is in downtown.
As always any help greatly received!
see http://www.pistonheads.com/xforums/topic.asp?h=0&a...
but basically speak to RERA. the agent should [by law] have registered your letting agreement with ejari effectively giving you all the aces.
but basically speak to RERA. the agent should [by law] have registered your letting agreement with ejari effectively giving you all the aces.
Very helpful guys. Thanks for all the input. The guy is Iranian.
Got a letter going back tomorrow morning to his lawyers with copies of the lease agreement that was prepared and signed by me which also shows the 7% increase I agreed to, plus the cheque they took from me, plus all the points from the links you guys have posted about 12 months notice if he wants to evict me to sell. Will see how that lands then take it from there.
Got a letter going back tomorrow morning to his lawyers with copies of the lease agreement that was prepared and signed by me which also shows the 7% increase I agreed to, plus the cheque they took from me, plus all the points from the links you guys have posted about 12 months notice if he wants to evict me to sell. Will see how that lands then take it from there.
I've had not one issue with maintenance to bother the landlord with until now (air con not working great) and he was supposed to be paying for someone to come and service the units and check them over. As you say I'll bet that will now be out the window as well as any other requests!
Response sent to the lawyers this morning and no response received from them yet. Given it's now half 2 on a Thursday I'd say I won't be hearing anything now until at least Sunday!!
Response sent to the lawyers this morning and no response received from them yet. Given it's now half 2 on a Thursday I'd say I won't be hearing anything now until at least Sunday!!
Ok so this is still not resolved yet over 3 months in. I've heard from one of the other guys renting from the same landlord in the same building that our landlord has done a runner from the country as he is up to his eyes in debt and can't make the payments.
Anyone know what the script is when the bank decide to repossess the apartment? Are we entitled to have the lease honoured? Even though I don't have a countersigned lease and the guy still has my cheque, albeit still not cashed?
One of the guys has gone to RERA but they only seem to be able to help in making a case against the landlord which is irrelevant if he's disappeared into thin air!
Also anyone know what the scoop is with cancelling a cheque here? Is that a go to the police job? Thought process running through my mind is to cancel the cheque and go rent somewhere else. Will lose my security deposit but that's not a bad exchange for 4 months in an apartment!
Anyone know what the script is when the bank decide to repossess the apartment? Are we entitled to have the lease honoured? Even though I don't have a countersigned lease and the guy still has my cheque, albeit still not cashed?
One of the guys has gone to RERA but they only seem to be able to help in making a case against the landlord which is irrelevant if he's disappeared into thin air!
Also anyone know what the scoop is with cancelling a cheque here? Is that a go to the police job? Thought process running through my mind is to cancel the cheque and go rent somewhere else. Will lose my security deposit but that's not a bad exchange for 4 months in an apartment!
I would be straight to the police station and ask them. This won't be the first time it's happened, and I would want my cheque cancelled/refunded asap. If the guy is in debt, they may decide to cash your cheque to pay creditors. No idea if this is procedure but I wouldn't want to take the chance.
IIRC you can't just cancel a cheque due to the fact that not paying is a criminal, rather than a civil, offence.
You'd need to get the issue lodged with the police and get authorisation from them which you'll then give to your bank - then it can be done.
I think that's how it goes - please don't take that as gospel though.
Good luck though - it's a real ballache when stuff like this happens.
We had a scam a few years back but it was the letting agency that did the runner. We were lucky and only lost out on a few months rent - other's got scammed for the whole year's worth before they'd even had a chance to move in. Our landlord got done for 9 months worth.
You'd need to get the issue lodged with the police and get authorisation from them which you'll then give to your bank - then it can be done.
I think that's how it goes - please don't take that as gospel though.
Good luck though - it's a real ballache when stuff like this happens.
We had a scam a few years back but it was the letting agency that did the runner. We were lucky and only lost out on a few months rent - other's got scammed for the whole year's worth before they'd even had a chance to move in. Our landlord got done for 9 months worth.
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