أسئلة وأجوبة
أسئلة وأجوبة
3 متاح 3 • عرض الجميعإنهاء عقد إيجار تجاري من قبل المالك
1
س: ما هي حقوق المستأجر في إنهاء عقد إيجار تجاري في رأس الخيمة إذا كان الإيجار يدفع على أساس الإنتاج ولم يقم بدفع الإيجار مقدمًا؟
لا ينص العقد على حق المستأجر في الإنهاء.
شكرًا لك.

2018/09/28
2214
Early termination of a long-term commercial lease agreement
0
Q: In case of a long-term lease with a commercial tenant for eg 5 years and the tenant wants to break the contract say after 3 years.
The termination clause in the agreement states that the tenant has to pay a minimum rent for 3 years + termination penalty equal to 6 months + 3 months notice period.
The query is, at the time of termination, lease agreement ceases and the tenant is liable to pay the termination penalty + notice period immediately or as per the terms of the lease agreement?
Assume the tenant wants a payment plan, can he lock up the premise and not hand over the keys till the minimum rent period (i.e 3 years) and whether late payment fees is applicable? (assume the lease agreement states late payment fees for non-payment), if applicable whether the calculation should be from termination date or the lease due dates?
I believe the late payment fees should be from the termination date and not on lease due dates since the lease agreement is terminated by way of the notice.

2017/11/15
3307
إنهاء عقد إيجار من الباطن لمتجر
2
س: مرحبًا،
لقد استأجرت متجرًا بموجب اتفاقية تأجير من الباطن من مستأجر (ليس هو المالك الأصلي للمتجر).
لقد كتبنا اتفاقية تأجير من الباطن في أقرب مركز للطباعة مع شروط وأحكام معينة وقعها الطرفان. ترخيص المحل باسمه أيضًا، حيث أنني مجرد مستخدم لرخصته وفقًا للاتفاقية.
لقد أعطيته أيضًا شيكًا يصرف لحامله مقدمًا لبضعة أشهر. أنا أدير المتجر الآن لمدة شهر. لا أرى أي عمل على الإطلاق في المتجر.
أدفع إيجار المتجر مما أحمله معي، ولا أرى أي نفع في المتجر في المستقبل.
لذلك أخبرته في الرابع من يناير أنني لا أريد الاستمرار في استئجار متجره. سأستخدم المتجر لمدة شهر منذ تاريخ إبلاغه برغبتي في إنهاء الإيجار.
لا يوافق بأي شكل من الأشكال على هذا، لكن المشكلة هي أنه ليس لدي أي أموال متبقية لدفع الإيجار في المستقبل إذا احتفظت بالمحل.
يرجى إرشادي بالحل من الناحية القانونية في هذا الشأن.

2019/01/20
982
المدونة القانونية
2 متاح 2 • عرض الجميعتوقف المستأجر عن دفع الإيجار ولم يعد يجيبني، ماذا أفعل؟ 6
مقال في صورة مقابلة يتناول موضوع التخلف عن الوفاء بالتزامات عقود الإيجار التجارية في دولة الإمارات العربية المتحدة والإجراءات ذات الصلة. مقتبس من المدونة الصوتية القانونية للمحامية لودميلا يامالوفا، مؤسسة مشروع لوجيكال مع لايلو. تُلقي لودميلا الضوء في هذا المقال على ما ينبغي فعله حين لا يتجاوب المستأجر.
2020/02/11
14869
An Overview of Commercial Lease Laws in the UAE 0
In the UAE, the relationship between landlords and tenants in terms of their responsibilities is primarily governed by Federal Law No. 5/1985. This law covers commercial properties without addressing the part related to maintenance and duties. However, it is common for commercial tenants to assume responsibility for repairs and upkeep.
2023/10/02
198
قوانين وتشريعات
1 متاح 1 • عرض الجميعFederal Law No. (5) of 1985 On the Civil Transactions Law of the United Arab Emirates 96
The provisions of this law, promulgating UAE Civil Code, govern the civil transactions in the United Arab Emirates. The commercial transactions remain subject to the laws and regulations applicable in their regard.
1985/12/15
148394

متميز
إجابة أخرى من
924 924 إجابات •
عرض الجميعWhat countersuit can be filed against an employer for a false absconding case? 0
Hello,
What countersuit can I file against an employer who filed a false absconding case against an employee?
2025/04/15
25
Is a bounced rent cheque case considered a criminal record for U.S. visa applications? 0
Hello,
My rent cheque was bounced, and my landlord filed a case against me in Sharjah Court. I received a fine of 2,000 AED, which was later reduced to 1,000 AED upon appeal.
Does this case count as a criminal conviction under UAE law, or was it handled as a civil matter?
If I apply for a U.S. visa, will I need to submit court records under the requirement for applicants with past convictions?
2025/04/15
29
What are the penalties for not returning from vacation after several months or a year? 0
Hello,
Good afternoon!
Can somebody tell me what happens if someone went on vacation and didn’t come back in one month?
What penalties will they face if they want to come back after 1 year or after some months and not to the same company?
2025/04/15
24
If an employee is terminated due to poor performance, is he eligible for compensation? 0
Hi,
For the private sector, if an employee got terminated due to warning letters for poor performance issued to him, is he eligible for a 1-month compensation salary?
2025/04/15
26
What to do if the bank filed case on me using security cheques and executed travel ban? 0
The bank filed a case against me using security cheques and executed a travel ban from Dubai Courts.
2025/04/15
3

متميز
إجابة أخرى من
3191 3191 إجابات •
عرض الجميعWhat countersuit can be filed against an employer for a false absconding case? 0
Hello,
What countersuit can I file against an employer who filed a false absconding case against an employee?
2025/04/15
25
Is a bounced rent cheque case considered a criminal record for U.S. visa applications? 0
Hello,
My rent cheque was bounced, and my landlord filed a case against me in Sharjah Court. I received a fine of 2,000 AED, which was later reduced to 1,000 AED upon appeal.
Does this case count as a criminal conviction under UAE law, or was it handled as a civil matter?
If I apply for a U.S. visa, will I need to submit court records under the requirement for applicants with past convictions?
2025/04/15
29
What are the penalties for not returning from vacation after several months or a year? 0
Hello,
Good afternoon!
Can somebody tell me what happens if someone went on vacation and didn’t come back in one month?
What penalties will they face if they want to come back after 1 year or after some months and not to the same company?
2025/04/15
24
What to do if the bank filed case on me using security cheques and executed travel ban? 0
The bank filed a case against me using security cheques and executed a travel ban from Dubai Courts.
2025/04/15
3
Will changing the ownership of the company affect my end-of-service benefits accrued for 6 years? 0
My company changed the boss, but the company name is still the same.
Is there any way I can't get all my benefits for 6 years?
2025/04/08
60

متميز
إجابة أخرى من
688 688 إجابات •
عرض الجميعIs a bounced rent cheque case considered a criminal record for U.S. visa applications? 0
Hello,
My rent cheque was bounced, and my landlord filed a case against me in Sharjah Court. I received a fine of 2,000 AED, which was later reduced to 1,000 AED upon appeal.
Does this case count as a criminal conviction under UAE law, or was it handled as a civil matter?
If I apply for a U.S. visa, will I need to submit court records under the requirement for applicants with past convictions?
2025/04/15
29
If a bank has filed an execution cheques case through the Dubai Courts. Is a travel ban automatically applied? 0
A bank has filed an execution cheques case through the Dubai Courts due to nonpayment of a personal loan and credit card.
Is a travel ban automatically applied?
I looked on the Dubai Courts website, and it says the judge has issued a “reserved” order for my case.
Furthermore, when the bank emails, they threaten me with a travel ban. So I am assuming there is no travel ban issued (but I don’t know). I haven’t received any notice of a travel ban.
If there is a travel ban, how do I find out?
I have checked the Dubai police app, and there are no financial crimes against me.
Please advise if you know.
2025/04/04
153
What’s the minimum time an employee must work for the employer who brought them to the UAE? 0
Hello,
What is the minimum duration an employee must work for the employer who brought them into the country before they can terminate the contract in the UAE?
2025/04/14
37
Can I stay home if my boss doesn’t pay my salary on time? 0
Hello,
Can I stay home if my boss doesn’t pay my salary on time?
2025/04/10
65
Can I resign while my new visa is being processed before my first contract ends? 0
Hello,
I am currently working with my company and have one month remaining to complete my first contract.
However, my new visa is set to be processed in a month. Can I resign during this process?
What will happen if I resign at the end of my first contract before receiving the new visa while it is still in process?
2025/03/27
80

متميز
إجابة أخرى من
825 825 إجابات •
عرض الجميعHow to recover unpaid fees from a client who refuses to pay for online consulting services? 0
Hello,
A client of mine used our consulting services online and is refusing to pay. Despite multiple reminders, she still has not made the payment. What legal action can I take against her?
2025/03/07
86
Tenant damaged property, deposit insufficient; how to claim compensation? 0
Hello,
A tenant damaged the property I recently purchased upon their eviction, and the security deposit does not cover all of the damages.
I would like to know how I can take action against the tenant. Does any proof need to be submitted? If yes, what proofs are required since I bought an already tenanted property?
What is the timeframe and process to seek compensation for the damages?
2025/03/07
85
Is it legal for a landlord to cut DEWA before the rental court verdict? 0
Hello,
I was supposed to renew my rental contract in early February, but due to harassment and threats, we agreed in rental court that we would settle and move out.
Now, while awaiting the verdict, the landlord has gone ahead and canceled DEWA.
What can I do? Isn’t that illegal?
2025/03/07
56
Can a civil case delay my deportation after a criminal conviction? 0
Hello,
If I have a deportation due to a criminal case, and while serving time inside, a civil case is opened against me, does that stop my deportation?
2025/01/27
74
Can I keep my shop by paying rent in installments despite an eviction case against me? 0
Hi,
I have leased out a shop in Dubai, but due to huge financial losses and my husband's job loss, I can't afford to pay the rent. Meanwhile, my landlord has filed a case for eviction and payment of rent.
Right now, my condition is getting better as my husband has got a job and is ready to pay the rent in installments.
Can I pay in installments and hold the shop even if the judgment goes against me?
2025/01/09
72

متميز
إجابة أخرى من
240 240 إجابات •
عرض الجميعBank filed a civil case over a loan: Better to settle with the bank or in court? 0
Good day, Sir,
I have received a message from the Dubai Court stating that a bank has filed a civil case against me. The loan has been pending since February 2019.
I cleared the cheque bounce case earlier with a court fine in 2019. I am looking forward to a minimum settlement plan with the bank. The outstanding amount was around 70,000 AED, and now the message is for 115,000 AED.
What will be the best way for me to proceed: approaching the bank or dealing with it in court?
Best regards,
2024/07/07
526
Is it legal for my employer to withhold my salary until I leave the country or change status? 0
Hello,
I have given my notice, and my last day is July 24, but the employer is refusing to pay my salary; even the salary for June. Is this even legal?
He claims I'll get everything at once, which is after leaving the country or changing status.
2024/07/02
540
Demanding that an employee pay for visa charges a year after resigning 0
Dear Lawyers,
I worked at a bakeshop here in Dubai. I resigned exactly one year ago. Now they want me to pay for visa charges, as stated in the offer letter.
If I cannot pay for the charges, my employer will claim financial loss due to the damages, estimated to be at least 7,000 AED.
What should I do about this? My monthly salary is only 2,800 AED.
2024/07/01
125
Is an employee eligible for maternity leave in the first three months of pregnancy? 0
Dear Lawyers,
Is an employee eligible for maternity leave in the first three months of pregnancy?
If an employee takes sick leave in the first three months of pregnancy, can it be considered normal sick leave or maternity leave?
2024/07/01
177
What can I do if my company terminated me without warning while I'm on probation? 0
Dear Sir/Madam,
My company terminated me with no written warning last April 5, and they said I need to work up until April 30 to receive my pay, but until now, they're holding it.
Can someone help me with what I can do, please? And is it right to terminate me with no warning?
I'm under probation with the company; I've been working with them for four months.
2024/05/14
204

متميز
إجابة أخرى من
718 718 إجابات •
عرض الجميعIs it legal to reduce the salary after signing an employment contract? 0
Hello,
Is it legal to reduce the salary after signing an employment contract?
2025/03/19
87
Can the owner of a company escape if there is a cheque execution and travel ban on him? 0
I raised a cheque execution case against a company and its owner and won. There is a travel ban on him. I was receiving installments for three months and now he stopped paying.
The court after request summoned him. In total, he paid only 30% of the owed money. I found that his company license is expired and also in the month his visa will expire.
Does he have any option to avoid payment?
Please note he was deceived by showing no money in his bank account and no assets in his name but he is running multiple businesses.
Also a month ago, he tried to convince me to lift the travel ban but I refused to do so. But he submitted a guarantee and left UAE.
Now the status shows he is back in the UAE and the travel ban imposed again. But after that, he stopped payment.
Is there a 1% chance of him not paying me the remaining money?
Is there a way he can leave the country through the Amnesty program or any of this sort?
2025/03/12
97
In EMARATAX, must two licenses for the same activity in different emirates register separately? 0
Hello,
In EMARATAX (The Federal Tax Authority), if someone has two licenses in different emirates for the same activity, does he need to register two taxable persons, or how should he proceed?
2025/03/02
72
Can a developer demand extra payment for a 30% size increase after handover? 0
Hello,
I purchased a one-bedroom off-plan unit in Dubai from a well-known developer under an SPA specifying an area of 801 sq. ft. I completed all payments as per the developer’s payment plan, and the unit was handed over to me without a Title Deed.
After taking possession, furnishing the unit, signing a tenancy contract, and making repeated follow-ups to obtain my Title Deed, the developer informed me, 45 days after handover, that the actual area was 1,041.41 sq. ft., a 30% increase from the original SPA terms.
To receive my Title Deed, they are now demanding payment for the increased size.
Key issues:
- Failure to notify me before handover about the 30% increase in area.
- The SPA allows for price adjustments for area variations but specifies that such adjustments must be reflected in the final installment, which I had already fully paid before handover.
- The developer has now filed a legal case through Dubai Courts, demanding payment.
I require legal advice based on RERA/DLD laws and the SPA.
2025/03/12
62
How to recover unpaid fees from a client who refuses to pay for online consulting services? 0
Hello,
A client of mine used our consulting services online and is refusing to pay. Despite multiple reminders, she still has not made the payment. What legal action can I take against her?
2025/03/07
86
احصل على عروض أسعار من محامين
ابحث عن المحامي المناسب لاحتياجاتك القانونية.
أرسل طلبك واحصل على عدة
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محامين مؤهلين.
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اطلب استشارة من محامٍ