Q: Hello, I rented a shop on a sublease agreement from a tenant (who is not the original owner of the shop). We wrote a sublease agreement at the nearest typing centre with certain terms and conditions which both parties signed. The license of the shop is also on his name which I am just the user of his license according to the agreement. I have also provided a Bearer Cheque in advance for a few months. Now for a month, I am operating the shop. I see there is no business at all in the shop. All the rent of the shop I am bearing from my pocket, and I see there is no future in any way in this particular shop. So on the 4th of January, I notified him that I don't want to continue renting his shop. I will use the shop for a month since I notified him. He does not agree on this point by any means, but the problem is I don't have any money left in my pocket for the future rent if I keep the shop. Please guide me with the legal solution in this regard.

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.

Q: What are the tenant's termination rights of a commercial lease in RAK if the rent is being paid based on production and no advance rent paid? The contract does not provide the right to terminate for the tenant. Thank you.

س: عندما يحكم القاضي بأنه على المستأجر سداد كافة المترتبات الإيجارية حتى "تاريخ الإخلاء الفعلي"، هل يأخذ قسم التنفيذ تاريخ إصدار براءة الذمة على أنه تاريخ الإخلاء؟ مع العلم أن المستأجر قام بإخلاء المنزل قبل براءة الذمة بحوالي أسبوع ولكن المالك لم يكن على علم بذلك. وهل يحق للمالك احتساب أي مبالغ إيجارية بعد تاريخ براءة الذمة؟ أم أنه يتوقف تلقائيًا احتساب مبالغ إيجارية بعد تاريخ براءة الذمة؟ وجزاكم الله خيرًا!

س: السلام عليكم، أختنا الفاضلة لدي مستأجر قمت بإخطاره بطلب إخلاء العقار (لبيعه) وبعدها بحوالي 3 أشهر تواصلت معه، ولكنه أخبرني أنه لم يستلم شيء من المحكمة على الرغم من أن تقرير شركة أرامكس يفيد بأنهم قد لصقوا طلب الإخلاء على باب الفيلا. أرجو مساعدتكم الكريمة بالرد القانوني المناسب ولكم منا كل الشكر!

Q: My partner and I are now residents of the UK but while we were in the UAE, there was a company-to-company deal signed with a client. In between the completion of the contract, our company was transferred to someone else in the UAE. This person continued to honor the contract with the client. But now the client is pursuing a personal legal case of misrepresentation in the UK against us, saying we misrepresented facts to their employee and got them to sign the contract. We are mentally & monetarily being harassed by the client. My questions are: What kind of counteraction in the UAE could we take against them for threatening us with legal proceedings and harassing us without any legal reasons and despite the contract not having any clauses against which we did the deal? Also, is there mental harassment recognized in the UAE courts?

Q: The landlord has filed a case against me for not paying the shop rent. I notified the owner when I sold the shop in Feb 2022 and the POA was given to the new owner but he took my EID in the contract for renewal. He said it was just for one month and after that, the new owner would cancel the contract because he didn’t have EID for renewal. I requested NOC several times from the landlord but they didn’t give it to me. My contract in which he took my signature expired on 16 March 23 and all the cheques were paid, and the payment was done by a third party too till Sept 24. From March 23 till Sept 24, I didn’t make any agreement with the landlord. Also, the trade license expired in Dec 2023 and was not renewed. I have no idea how the landlord collected cheques till Sept 2024 without a contract, and he doesn’t have any copy of the contract with him. Now he filed a case against me with old documents instead of the new owner's name in the case. It is sold to 3 people after me. My question here is, am I liable to pay the rent and fines?

The relationship between tenants and landlords is regulated in Dubai by Law No. 33 of 2008 Concerning the Relationship Between Landlords and Tenants in the Emirate of Dubai. The arising rental disputes are referred to Rental Disputes Settlement Centre (“RDSC”) created by Decree No. 26 of 2013 to reconcile between the parties and reach an amicable settlement or seek a final judgment issued and enforced by the RDSC.

The provisions of this Law apply to real property leased out in the Emirate of Dubai, including vacant and agricultural lands, but excluding hotel establishments and real property provided by natural or legal persons as accommodation to their employees at no charge.

Provisions of this Law supersede articles (2), (3), (4), (9), (13), (14), (15), (25), (26), (29), and (36) of Law No. (26) of 2007 Regulating the Relationship between Landlords and Tenants in the Emirate of Dubai.