UAE Property: ‘Can I be evicted if my child is noisy?’

If a tenant or a member of their household breaks community rules, this could lead to eviction

During the cooler months, tenants can allow their children to play outside but they could keep them occupied indoors during summer. Getty

Question: A few days ago, my property manager messaged me to say that he did not intend to renew my lease, which will expire in two months' time.

The reason he cited was my child playing in the corridor and causing a disturbance for other residents.

Is he entitled to do this? I have been renting this apartment for three years and have never been late in paying my rent. AM, Dubai

Answer: The fact is that if you or a member of your household is breaking community rules, this could lead to your eviction if the nuisance does not stop.

I do not know whether playing in the corridor or causing a disturbance this way is justified.

I think it is a bit harsh. Having said this, I suggest you reach some sort of compromise with the property management to continue with your lease.

Technically speaking, a landlord cannot refuse to re-let a property to an existing tenant as long as they abide by the terms and conditions of the tenancy agreement.

That is why you need to seek a solution for your situation. During the cooler months, your child can play outside but it is during the hot summer months that he/she needs to, perhaps, stay indoors.

Are there any clubs for children nearby that can accommodate you, or any friends who could help out? All these need to be checked before offering a solution.

If the property management does not listen, you can file a case before the Rent Dispute Settlement Committee.

A judge will decide if the property management company's decision to not allow you to renew your tenancy is unfair.

Q: I signed a 13-month lease in Abu Dhabi in October with six cheques and one month free. The first cheque covered three months, then the rest were in two-month periods.

We are breaking the lease as I have moved to Saudi Arabia and my family is heading back to the UK.

We have paid the two-month penalty of Dh24,167 ($6,580) ahead of moving out on July 10.

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But the property management company is demanding that we pay another month’s rent or they will not return the last two cheques.

We paid the previous cheque in May and have asked them to return the outstanding cheques for July and September.

They argue that the May cheque does not cover the period until July 10 because the free month should not be factored in.

They also claim that the two-month penalty should be based on the 12-month daily rate and not 13 months. Does this mean I have overpaid the penalty?

I need the cheques back to close my bank account and leave the country properly, but there is nothing in our agreement stating that the cheques cover earlier periods rather than the periods of time between payments.

I am being asked to pay an additional Dh11,000 more, failing which I cannot leave. IO, Abu Dhabi

A: As I see it, this dispute could go on and on and I am sure that if you were to ask 10 people their opinion, you might get differing answers.

My advice to you is to be more strategic and pay the amount to ensure your cheques are returned, but do so under a “without prejudice” stance.

This way, you can continue to seek justice and/or order afterwards at your leisure from Saudi Arabia.

The alternative would be delays in closing the account and unnecessary stress.

For what it is worth, my understanding of the free month is that it is normally taken at the end of the tenancy period and not during it.

So, technically, they are probably correct in their assumption that you do need to make one more payment.

Mario Volpi is the sales director at AX Capital. He has worked in the property sector for 39 years in London and Dubai. The opinions expressed do not constitute legal advice and are provided for information only. Please send any questions to [e-mail]