Q: Hello Advocate Nikhat, How are you, Madam? My house is in Abu Dhabi and I had rent bounced cheques due to my job loss. Q.1 As we know that for a rent cheque bounce, after the police case is closed and the civil case is opened, then in this civil case, the judge will decide on the amount for instalments. Won't he consider what we say about how much we can pay? Q.2 Ref to the above question, it means there is no jail directly if we agree with the judge on the amount to be paid in instalments. Now, I understand that once the instalments are finalized, then we have to pay them regularly. The question is, in the civil case, there is no direct Jail in the first or second hearing, as the judge negotiates the amount for payment, correct? Q.3 During eviction case, when rent/lease is expired. Since the lease is now connected with Tawtheeq, so if Tawtheeq expires as the rent agreement expires, Will ADDC cut my electricity during this time? Q.4 Please, also advise what is Legal Advice Middle East, is it a law firm?

Q: Dear Sir, I need an advice on my three rental cheques of AED 4800 each, which bounced in Sharjah and the landlord has filed a complaint in Sharjah Police Station. Alongside, the court has ordered to vacate the place. I have been jobless for the last 15 months and I have told the judge about my condition. What do I have to do now? As per the new rule on cheque bounce, can I hire a lawyer and pay a fine for my bounced cheque and be released from the police station so that I can apply for a new job? Please guide me.

Q: My cousin who had taken flats has a criminal case and case filed at the Rental Dispute Centre. The landlord used his guarantee cheques (empty & signed) to file the criminal case. But the amount is huge and not true because part of that has been paid. Since he is overstaying because of this case, he plans to surrender to police and hopefully pay a fine or a short jail term, as he is not able to pay the landlord the amount. Will the amnesty help his situation in reducing the jail term? Is the case filed with Rental Dispute Centre considered a civil case? What if the case has been forwarded to court with a judgement of a 1-year term, will he serve the term or can just pay a fine? By the way, the amount of 2 cheques was more than 200k for each cheque. What should he do to solve this problem? Would really appreciate your prompt response.

س: مرحبًا، هل تسقط القضايا التجارية المحكومة (قرض شخصي) بعد ٥ سنوات؟ شكرًا!

In the UAE, cheque bounce is a very frequent problem faced by people during their span in the country. It is covered under the purview of Commercial Transactions Law, and legal implications/penalties can be financially severe and daunting for more “serious” offenses. Bounced cheque issues may arise in a variety of commercial transactions, including but not limited to, companies’ exchanges, bank loans, property rents or purchases, and individual transactions.

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.

This Law promulgates the Federal Penal Code (Criminal Law) of the United Arab Emirates. Crimes and chastisement punishments shall be determined in accordance with the provisions of this Law and other penal codes.

This Decree establishes a specialised judicial system to hear rent disputes and develops the procedure for determination of such disputes through an expeditious and simple process for the purpose of realising social and economic stability for all persons involved with the real property rental and other related sectors.