Faisal Ali Addabi

Summary of the problem

Let us assume that you are a landlord (owner of apartments and villas) and you want to invest in leasing this real property. In accordance with your practical experience in this field, you know that there are known risks and problems associated with the investment in leasing real estate and that the most famous risks and problems are (1) the tenant does not pay the rental or delays paying the rental (2) the tenant does not vacate the leased real property after the expiry of the lease period (3) the tenant vacates the real property before the end of the lease period (4) the tenant annoys the other tenants (5) the tenant causes essential damages to the leased real property (6) the landlord disconnect electricity and water supplies to the leased property (7) the landlord terminates the lease contract and the tenant does not vacate the leased real property within the period prescribed by the landlord in the termination letter.

The most important question which should be asked is as follows: what are the available legal solutions to the landlord which contribute in resolving the problems of investment in leasing real estate easily and within the shortest possible period?

Summary of the solution

Clause of legal solutions must be inserted into the lease contract and the best procedure is to request the landlord’s lawyer to draft and approve the lease contract in order to ensure that all legal solutions have been properly included therein, the legal solutions can be inserted into the lease contract as follows:

Firstly: The landlord shall have the right to terminate the lease contract and request the tenant to vacate the leased premises if the tenant fails to pay the rental or delays paying the rental for two consecutive or separate months. It is better to reject payment of the rental in cash and accept payment of rental via cheques (we will explain the legal reason in another investment article)

Secondly: the tenant shall undertake to vacate the leased premises within fifteen days from the expiry date of the lease contract
Thirdly: The tenant shall undertake to pay the rental of the remaining period if he\she vacates the leased premises before the expiry date of the lease contract

Fourthly: The tenant shall undertake not to annoy other tenants and the landlord shall have the right to terminate the lease contract and request the tenant to vacate the leased premises if the tenant repeats the annoying conduct

Fifthly: the tenant shall undertake to bear the cost or minor maintenance (such as changing the bulbs) and shall not cause essential damages to the leased real property; the landlord shall have the right to terminate the lease contract and request the tenant to vacate the leased property in case of non-compliance therewith

Sixthly: The landlord shall have the right to terminate the lease contract if the tenant breaches any of his\her obligations set out in the lease contract, the tenant shall undertake to vacate the leased premises within the period prescribed by the landlord in the termination letter and if the tenant does not vacate during the period specified by the landlord, the landlord shall have the right to file a suit for eviction against the tenant, obtain eviction judgment together with an eviction warrant under which the court bailiff can evict the tenant if he\she refuses to vacate the leased premises.

Very important legal notice

No landlord shall try to take the law in his\her own hands, the landlord has no legal right to disconnect electricity and water supplies to the lease premises as doing so is deemed a legal violation which gives the tenant the right to file a tort case against the landlord and claim compensation for any damages caused to the tenant by that unlawful act and such case will definitely be a 100% win-win case in favor of the tenant

Faisal Ali Addabi\Advocate