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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
376
أسئلة وأجوبة
الإمارات العربية المتحدة
Should my landlord provide the exact rent increase 90 days before contract renewal?
Q: Dear Lawyers, I`m confused and seeking clarification, please! Every year, the landlord either doesn`t send the renewal notice at all or sends it without specifying the exact amount of the increase, only mentioning that it will be as per RERA market value. Am I not legally supposed to be informed of the exact amount (total or percentage) of any increase 90 days before the contract`s due date?
+3
2024/09/25
443
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
351
أسئلة وأجوبة
الإمارات العربية المتحدة
What are the rules for opening and withdrawing from an off-plan escrow account?
Q: Dear Lawyers, Could someone share or let me know the rules and procedures for withdrawing money from an off-plan escrow account, the requirements for withdrawal, and the requirements for opening an off-plan escrow account?2024/09/24
437
أسئلة وأجوبة
الإمارات العربية المتحدة
What is the procedure to notarize the Memorandum of Association of a company?
Q: Dear Lawyers, What is the procedure to notarize the Memorandum of Association of a company? Is in-person notarization possible, or is it only online/remote? Thank you!+1
2024/09/24
206
أسئلة وأجوبة
الإمارات العربية المتحدة
How long can I stay if the owner sells the property after I declined the rent increase?
Q: Dear Lawyers, I started renting a unit in November 2023. The property manager offered a higher rent for renewal, even though the RERA index showed no increase in August 2024. I refused and said I would follow the RERA index. Last week, the property manager informed me that the owner wants to view the unit because he is planning to sell it. I asked for the price, and the manager said 2.5M, while similar units are on sale for 1.5M. I want to understand what the owner is trying to do, what my rights are, and how long I can stay in the unit if the owner sells or cannot sell it.
+3
2024/09/23
117
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
146
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
217
أسئلة وأجوبة
الإمارات العربية المتحدة
Can I update my visa if I filed an appeal to reduce the fine in a criminal case?
Q: I have a criminal case against me and I filed an appeal for it after the judgment because I got a fine in the judgment and I can`t pay that much amount of fine. What do I need to do now? Recently I added my surname to my passport and I got it now. So I need to add the existing visa to my new passport and update my name with my surname on my visa and Emirates ID as well. Do I need a police clearance for that or it can be done normally without any issues? If there is anything related to my case or complaint can I do it with a clearance letter?2024/09/20
139
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
293
أسئلة وأجوبة
الإمارات العربية المتحدة
Divorce court session: What to expect, and can I request custody and support?
Q: Dear Lawyers, My husband filed for divorce. We already had the first session via video conference. Now, after one week, we have another court session with the judge. What should I expect when meeting the judge? Is it just to confirm that we both want the divorce? Can I claim custody and financial support for our children at this stage? Thank you in advance for your help!
+5
2024/09/19
244
أسئلة وأجوبة
الإمارات العربية المتحدة
Removing husband's surname from Indian ex-wife's passport using a Dubai divorce judgment
Q: Dear Lawyers, My wife and I (Indian nationals) have been divorced in Dubai by the Dubai Court, and we have stamped the court judgment at the Indian Consulate in Dubai, the UAE Ministry of Justice, and the UAE Ministry of Foreign Affairs, granting her custody of the children. My ex-wife now wants to remove my surname and home address from her passport. Can she get this done at the BLS Passport Office in Dubai by showing the Dubai court judgment, which has already been stamped by the Indian Consulate? Her passport was issued in Dubai. She is saying that the Indian passport office is NOT recognizing the divorce granted by the Dubai court. Can this be true, or is she lying? The Dubai court judgment is already stamped by the Indian Consulate in Dubai, the Ministry of Justice, and MOFA. Is it necessary to get a new divorce judgment from India, as we were trying to avoid the cost, time, and effort involved in Indian courts? Could you please guide me on this? I would be very grateful for your help. Regards,+1
2024/09/19
216
أسئلة وأجوبة
الإمارات العربية المتحدة
What can I do if the tenant is subletting my property and not paying rent?
Q: The tenant is not paying and subletting nor getting utilities connected in their name. He also changed the door lock after moving in. His security cheques and rental cheques are bouncing & he knows that he will get a. notice so he is prepared for that too. He is part of a tenancy scam where these people pay the first month`s rent as cash then the security deposit post-dated cheque which gets bounced. Can we file a lawsuit directly or do we have to first send a notary notice for vacating and cheque bounce? Can one notice serve both? And can we go to our flat and get details of those staying there? Please advise. They also changed locks and only last month Ejari was signed.+5
2024/09/18
258
أسئلة وأجوبة
الإمارات العربية المتحدة
What are my legal options if the rental company demands increased rent or moving out?
Q: Dear Lawyers, The rental company didn’t notify me within 90 days about the 15% increase. Now, they are stating that I must either pay the increase or move out of the property. The agreement is due to end on 01/10/2024. What options do I have under Dubai law to negotiate this situation?+3
2024/09/18
116
أسئلة وأجوبة
الإمارات العربية المتحدة
I have a marital dispute with my wife. Can she come from India to the UAE and claim alimony?
Q: I have a marital dispute with my wife in Kerala, India. I lost my parents last year and I have given the power of attorney to my mother`s sister in Kerala. Now my wife is threatening me through WhatsApp and emails and demanding money. She was under my family visa and three months back I canceled the same, and she is currently in India for the last 1 year. My concern is if she comes here with a visit visa and makes any issues, what legal help can I get as per the UAE law?2024/09/17
127
أسئلة وأجوبة
الإمارات العربية المتحدة
How to process an insurance claim for a traffic accident?
Q: Hello, How does the insurance claim process work in a traffic accident in Dubai? What is the procedure? Suppose a person gets into a car accident, and the accident report states that they are not at fault, with the medical report showing minimal injuries. Where should the claim be filed? Is it filed with the insurance company of the party at fault? If the insurance company fails to provide adequate compensation, what is the next step? Should a civil claim be filed in Dubai court, or is there an insurance claim authority to handle this? If the insurance authority also fails to provide compensation, is an appeal made to the court? Additionally, how much compensation can be requested for minimal injuries, what types of compensation can be claimed, and what kind of proof is required?+1
2024/09/17
414