أسئلة وأجوبة
Should I send a new bilingual notice or stick with the original Arabic one to prevent a tenant's appeal?
Hello all,
I sent a legal notice to a tenant for non-payment and eviction (nationality: Bangladeshi). The notary sent the notice in Arabic.
Now someone has informed me that if I file a case, the tenant may appeal, claiming he didn’t understand the notice because it was in Arabic, which could lead to me losing the case.
So I may need to send a new notice in both English and Arabic, despite the tenant subletting the property and giving POA to an Egyptian individual who understands the law well.
I went to Tasheel today, and they advised that even if the notice is in Arabic, the tenant will lose the appeal if he doesn't pay, or even if we lose the appeal, he will still have to pay all due rent.
It’s now very confusing whether I should send a new notice in both Arabic and English or proceed with the same notice and file the case.
Greetings,
The official language of the country is Arabic; he can have it translated.
We are honored to provide you with legal support. For further inquiries about your topic, you can come to our office or contact us via phone, WhatsApp, or email.
We understand your concerns. It's true that the tenant can defend this legal notice due to the reason that, the notice was in Arabic.
But this will be the discretion of the judge. the judge will consider certain factors to issue a verdict. The actions of the tenant constitute a breach of contract, and this can be considered as a reasonable ground to get a favorable decision by the judge.
In any case, the tenant has to pay the full rent.
If you need further clarification, we will discuss more. Kindly share your WhatsApp number to proceed.
Dear Questioner,
In the UAE, Arabic is the official legal language for contracts and legal notices. Therefore, sending a legal notice in Arabic is technically valid.
However, if the tenant claims that they did not understand the notice because it wasn’t in a language they comprehend (like English or Bengali), this could be used as part of their defense.
While it’s possible for the tenant to claim they didn’t understand the notice, the fact that the tenant sublet the property and granted a Power of Attorney (POA) to someone knowledgeable in the law (the Egyptian person) could weaken their claim of misunderstanding.
The Tasheel advice that the tenant will still owe rent or lose the appeal unless they pay could hold, but it’s not guaranteed.
Sending a new bilingual notice (in both Arabic and English) could minimize the risk of the tenant using language as a defense in court.
Dear questioner,
If the subletting of the property is without your consent, that can also be used as a reason for eviction. As per the law, the eviction notice should be sent in both languages, as there is a chance it may be challenged.
It would be better to discuss the matter in detail.
Kindly share your WhatsApp number to continue the discussion.
Dear Questioner,
Thanks for your inquiry!
In the UAE, legal notices typically need to be in Arabic, as it is the official language. If the tenant does not understand Arabic, they may claim they did not comprehend the notice.
Given that the tenant is Bangladeshi and may not be fluent in Arabic, it might be prudent to send a new notice that includes both Arabic and English. This could help prevent any potential claims of misunderstanding and strengthen your position if you need to escalate the matter to court.
It's also worth considering that the tenant's actions, like subletting and granting power of attorney, could impact their standing. However, to avoid any risk of losing an appeal based on the notice’s language, sending a bilingual notice may be the safest route.
You might want to consult with us as a legal professional specializing in UAE law to get tailored advice based on the specifics of your case before proceeding.
Greetings,
