DUBAI When Indian Santosh Kumar, 40, got the handover of a two-bedroom apartment in International Media Production Zone (IMPZ) in November 2011 he thought he had got lucky.
Kumar had initially booked two studio apartments for Dh700,000 each, but thanks to a change in his developer’s plans, he netted a much bigger (1,400 square feet) property for the same investment. Soon he found a tenant and the property began yielding returns.
However, Kumar’s joy was short-lived. A job loss in November 2013 put him on the brink. With no income coming his way, he considered selling the apartment. “It was the beginning of a long ordeal that’s still not over,” says the long-time Dubai resident.
“First, the real estate agency renting out on my behalf swindled me of more than Dh30,000 and then I was dealt a bigger blow when my tenant refused to move out,” adds the father of two.
Legal recourse
“Over the past two years I have tried every legal method, but have not been able to get him evicted. And now the court has ruled that he can stay on till November 2017,” he says.
“After spending so much time and money, I feel I have reached the end of the road. My situation is getting desperate as I need the money badly. Just last week I was forced to sell my SUV to meet my expenses. Nobody wants to buy my apartment because it’s occupied and the rent is almost Dh35,000 less than the market rate,” says Kumar who reckons his problems started when he entrusted the responsibility of leasing his apartment to a real estate firm.
“They promptly agreed to assist me and even paid the rent (Dh75,000) in three cheques. Little did I know that they had sublet the apartment for a lower rent (Dh65,000) for one cheque, and vanished with the money. When it came to cashing my last cheque for Dh25,000 in July 2014 the cheque bounced before I discovered that they had also absconded. When I explained my situation to my tenant, requesting him to vacate my apartment, he declined saying that I needed to follow legal procedures,” recalls Kumar.
“After I filed a case with the Rental Dispute Committee (RDC) at RERA (Real Estate Regulatory Authority), the tenant and I were called for mediation but he refused to budge. He would neither vacate nor pay the difference in rent,” rues Kumar.
Left with no other option, Kumar went to court, but got a ruling favouring the tenant.
“I lost the case for not giving sufficient notice so I hired a lawyer and filed a new 12 months’ eviction notice giving the tenant until November 2015 to vacate. But any hopes of getting my apartment back were dashed when the tenant deposited an entire year’s rent cheque with RDC just a month before his contract was due to expire, claiming he had not received any notice.
However, the tenant in question has denied Kumar’s claims. “Unfortunately we didn’t receive any notice. No one called or emailed us,” he said.
Kumar said he is at his wits end. “The law says I can evict my tenant with 12 months’ notice provided I prove that I want to sell the property. I have done everything, but I still don’t know what I missed and what I should do next.”
YOUSPEAK: What has been your experience with a difficult landlord or tenant?
