Q: I have given a cheque to someone but the cheque had not been presented on the bank and the validity of the cheque has been expired, one and half year passed from the due date. Please, what action can be taken legally against the person who issued the cheque?

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: Hi, I live in Abu Dhabi. My landlord lost one of the rental cheques. I have a receipt and a Tawtheeq of when I handed them over to him. I told him to go to the police and file a lost report and then I can issue a new cheque to him but he states that this will take too much time. He suggests that he gives me a paper saying that if they find the cheque they will return it to me and to give them a new cheque. Please note that it's a company managing my landlord's properties.

Q: Dear questioner, My current landlord is asking me to reissue a cheque he lost from my due payments 4 years back. I have a photocopy of the cheque I gave him, with his signature, and what he claims is that due to some error on their side, they didn’t cash it back then, and now they got rid of the cheque as it is invalid after this time. What grounds do he have to ask for this? Can I simply reject it? After 4 years I closed my books for 2018.

Q: Dear sir/madam, What is the maximum time within which I can report bounced rental cheques? I waived penalties for my tenant for two bounced cheques and he's now demanding a full refund of his security deposit when he is aware of the damages he did to my apartment and which I had to repair with all receipts.

Q: Hello, My new landlord has the old checks from the previous landlord. I have already paid the rent to the new landlord, but he is not giving me back the old checks with the name of the old landlord. What legal actions can I take in this matter? Can I inform the police about this? Or should I do it through the rental disputes center?

Q: Hi, My landlord has just sold the property. I'd like to know what needs to be done from my side to be on the safe side in the future. 1) Do they require my signature to sell the property? 2) Should I ask for the return of the upcoming cheques from the old landlord and issue new ones for the new landlord? I have been asked to issue a new cheque for the new landlord for the upcoming payment time. 3) Anything else I should be careful about? Many thanks!

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.

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.

The provisions of this Decree by Law amend the Federal Law No. (18) of 1993 by replacing Clause (4) of Article (379) as well as Articles (600), (617), (641), (642), (643), (644), and adding new articles numbered (635) Bis, (641) Bis (1), (641) Bis (2), (641) Bis (3), (641) Bis (4), (643) Bis (1), (643) Bis (2), (644) Bis (1) and (644) Bis (2). The Decree-Law also repeals Articles (401), (402) and (403) of the Federal Law No. (3) of 1987.

The provisions of this law, promulgating UAE Civil Code, govern the civil transactions in the United Arab Emirates. The commercial transactions remain subject to the laws and regulations applicable in their regard.

The law promulgates UAE Civil Procedures Code (Civil Procedure Law) which governs civil procedures in the United Arab Emirates, including the prosecution before the courts, litigation and execution.

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.