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إدخالات: 82
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أسئلة وأجوبة
الإمارات العربية المتحدة
Can I collect rent from a subtenant while evicting my non-paying tenant?
Q: Dear Lawyers, My non-paying tenant, whom I have served notice to, is openly subletting my flat without any fear of the law. I received a call from the subtenant that my tenant has temporarily disconnected his DEWA and is threatening him to move out, while the subtenant is willing to pay me cash and wants to stay there. My questions are: - Is it possible to benefit from the sublet rent while the eviction case is being filed? - Should I get an RDC inspection done first to prove subletting by my tenant, and then accept money from the subtenant without any agreement for the period until my case is resolved? The people involved are a complete mafia who know the laws very well and will not pay a dime despite a travel ban, etc. - How can I ask the current subtenant to stay so that these individuals don’t sublet it again, especially with the high season approaching? - Also, can a criminal complaint be filed?
+5
2024/10/15
122
أسئلة وأجوبة
الإمارات العربية المتحدة
Switching the eviction reason to selling while intending to raise the rent. Can I renew at my current rate?
Q: Dear Lawyers, I have received an eviction notice from my landlord to vacate the property for his personal use. Then, in August 2024, he communicated with me via WhatsApp and email that he wants to sell the property. I met with him to find a solution, and he said that if I raise the rent, he will let me stay and renew. However, the price he is asking for is not justified, and according to the RERA index, no rent increase should be applied. To resolve this issue, I offered a 10% increase, but he refused. Am I eligible for renewal at the same rate I am currently paying?
+6
2024/10/15
101
أسئلة وأجوبة
الإمارات العربية المتحدة
Case status is "Deferred for Settlement" in a value-specific dispute. What does it mean?
Q: Dear Lawyers, I have registered a case in the Dubai Court for a value-specific dispute, but I have not received any notice from the court for a hearing. When checking the case status online, it says: "Deferred for Settlement." What does this mean, and what should I do next?
+7
2024/10/14
264
أسئلة وأجوبة
الإمارات العربية المتحدة
What legal actions can be expected when an 18-year-old pushes a minor?
Q: Dear Lawyers, If two kids fight in a public place in Abu Dhabi, and a video of the incident, recorded by a third person, goes viral. In the fight, one kid, who just turned 18, pushes the other kid to the ground while holding their neck, but no injuries are reported. The mother of the minor has filed a police case. What should I do, and what might the judge rule in this case?
2024/10/14
97
أسئلة وأجوبة
الإمارات العربية المتحدة
Do crypto payments in a free zone software company require a VASP or VARA license?
Q: Dear Lawyers, I have a software company in a free zone. My clients pay me in crypto, and I convert it to fiat for my company expenses. Do I need a VASP or VARA license?
2024/10/11
146
أسئلة وأجوبة
الإمارات العربية المتحدة
Should I reply to an employer's performance review request after filing a case with the DIFC?
Q: Hi, Should I reply to an employer requesting a performance review after I filed a case with the DIFC authorities? Kind Regards,
+3
2024/10/10
126
أسئلة وأجوبة
الإمارات العربية المتحدة
Is it possible to hold a general manager responsible personally for a company debt?
Q: I am being pursued for a debt of 290,000 dirhams in the UAE by twofour54, the media free zone in Abu Dhabi. The debt is historic, 10 years old, and it is a company debt, not a personal one. I am a UK citizen currently visiting Dubai and wish to contest the disputed amount. I was the general manager, so I’m unclear why I am being pursued personally. Can a settlement be negotiated? I am looking for experts with experience in this field. Could you please provide examples of successful settlements you have achieved in similar cases in your reply? Many thanks
+5
2024/09/28
163
أسئلة وأجوبة
الإمارات العربية المتحدة
I signed From F for a property purchase with promise on extension but it was rejected. What to do?
Q: I made an offer and signed Form F for a property purchase. My decision was based on the property assessment as an End Unit and its capacity to extend the living room to my requirements. The two agents (buyer and seller both from the same agency) confirmed that a living room extension was possible at a fee payable to Emaar. I was ok with the fee. I made an offer based on this information and signed the Form "F" prepared by the agents. Later upon receiving the CAD drawings, it was noted that Emaar would not give NOC as the living room walls were structural. I am an end user and I can`t accept this unit for the rest of my life as it doesn`t meet my needs. I want to get out of this Form "F" as my agent misled me (doesn`t matter if intentionally or unintentionally). The problem is agent is rewarded 2% for misleading me and I am facing a penalty of 10%. it is only 3 weeks into the deal and 5 weeks till signature. Can I get out of this legally and agent find a new buyer for the seller?2024/09/26
310
أسئلة وأجوبة
الإمارات العربية المتحدة
Can we terminate a staff member who did not return to work after annual leave?
Q: Hello, We have a staff member who was supposed to return to work on 15 September 2024 from annual leave (they went back to their home country). However, after trying to reach them, they finally told us on 12 September that they have a travel ban due to legal issues that they are being accused of. They said that they have a hearing on 13 Sep and will update us on the matter. However, we have not heard from them since then. We have tried to contact him but nothing. What are our options here? We unfortunately cannot keep waiting for them (as operationally, we needed him back), and due to this being a legal matter (we don`t want him to work for us anymore, it seems serious). Would Article 44 Clause 8 apply here? We haven`t heard from him in over 7 consecutive days, but it also states that it applies if they failed to give a legitimate reason (which technically they have?).+4
2024/09/25
344
أسئلة وأجوبة
الإمارات العربية المتحدة
How do I handle a non-paying tenant with pending cheques and no contract?
Q: Dear Lawyers, My tenant in Dubai consistently pays rent late, and we did not renew the contract when it expired on December 23rd. However, I accepted post-dated cheques from them. Currently, two cheques for 32,000 AED are pending, and another for 16,000 AED is due on October 6th (covering rent for November and December). They signed a letter stating that if they do not pay by the end of September, they will vacate by October 1st. They’ve been late before but eventually paid. Now, they are not responding to my follow-ups, and I’m concerned they may leave without settling the rent. My questions are: 1. Can building security stop them from moving out until payment is made? 2. Should I evict them on October 1st, deposit the cheques, and file a case if they don’t pay? 3. Is the signed letter enough to evict them legally? 4. Can I deposit the cheques without a contract? 5. Can I pursue legal action against all family members living there?+6
2024/09/24
336
أسئلة وأجوبة
الإمارات العربية المتحدة
Will I get custody of my twins, and what support can I expect from my husband after divorce?
Q: Dear Lawyers, I am a teacher earning in Dubai. My husband plans to divorce me, and I have two kids who are 10 months old. He also plans to fight for their custody. Will I get custody of my kids? What amount will I receive from him to cover my and my kids` expenses?+7
2024/09/24
129
أسئلة وأجوبة
الإمارات العربية المتحدة
What is the difference between filing a criminal case or a financial case for business fraud?
Q: Dear Lawyers, What is the difference between filing a criminal case or a financial case for business fraud? Can both be done through a lawyer? Thank you!+5
2024/09/24
145
أسئلة وأجوبة
الإمارات العربية المتحدة
Is party C bound by the JV agreement between parties A and B after subcontracting its work to them?
Q: Dear Lawyers, There is a JV agreement between Party A and Party B. An Addendum was made in which Party C was added and subcontracted all its work to both Party A and Party B, forming a wholly separate contract. There is an arbitration clause in the JV agreement. Is Party C bound by that clause? DIAC.
+3
2024/09/23
132
أسئلة وأجوبة
الإمارات العربية المتحدة
How can a DIFC company protect itself if an employee leaves within the first month?
Q: Dear Lawyers, How does a DIFC company protect itself if an employee leaves within 15 days or 1 month of joining (during the probation period)?2024/09/23
181
أسئلة وأجوبة
الإمارات العربية المتحدة
Recovering funds from a bounced check issuer who is abroad but still receiving a salary in the UAE
Q: Hi, I filed a case in the UAE over a bounced check for 100k AED. A judgment was issued against the check issuer, along with a travel ban. The problem is, the person has already left the UAE but is still receiving a salary in the UAE, paid into the same bank account the check was issued from (20k per month). Is there a way to deduct from their future income, or do I have to wait until they attempt to re-enter the country?
+7
2024/09/23
214
أسئلة وأجوبة
الإمارات العربية المتحدة
How can I file a case against my previous landlord if he rented the apartment after evicting me?
Q: I want to file a case against my previous landlord as I found out after a while (7 months) after I moved out that they evicted me to rent the apartment with a higher rent. I was checking the type of cases that I can open in RDC (Mediation, first instance, appeal, enforcement) and couldn`t know which one to use, any advice? Also, is a screenshot from Bayut and the title deed enough as evidence? I verified the title deed on Dubai Land and the owner is still the same and just found out that the apartment was rented on Bayut with higher rent after I left.
+5
2024/09/19
276