Q: I was late to pay my rent by 24 hours last month since I had a delay in salary payment but had the integrity to pay the money just a few hours after the cheque was bounced. Today, I am getting a notice from the landlord to pay a fine of AED 500. I just wish to know if it's is legal according to the law.

Q: Assalamu Alaikum Dear Ma'am. I was charged in a cheque bounce case in October 2018, due to a failure of the rent payment through cheque. The cheque amount was AED 14000. I was summoned only once by the court and was given a fixed time to pay the dues and vacate the house. I have paid all the due rent (Approx AED 17000) last week. The real estate agency's lawyer is not closing my case, forcing to pay first case amount and some overstayed rent. Today he said: you have only one-day time to pay court charges and case fees, and overstayed rent, otherwise tomorrow Baladiya will come and throw you out. Is it possible? Please give me guidance as to when my case will be closed. What is the rule of Baladiya in this case? And is it connected to the renewal of tenancy? Can I renew my Tenancy contract or not? Please, Can you reply to me now? I am worried.

Q: Dear Mr Naser, My cheque returned due to insufficient funds. I received a text from my bank regarding bounced cheque and deposited funds to cover the amount and tried to reach my landlord, offered her cash delivery in an hour or bank transfer not to cause any inconvenience due to any delayed payment. She refused it. Next day, I received an email from her that she has proof from my bank that it bounced back due to insufficient funds (which is true) and wants to meet me with her lawyer and asks for AED 5,000 penalty. There's a clause added on my contract; "IN CASE OF ANY CHEQUE BOUNCE FOR ANY REASON, THE PENALTY WILL BE AED 5,000 PER CHEQUE & TENANCY CONTRACT WILL BE TERMINATED & SECURITY DEPOSIT WILL BE NON-REFUNDABLE". Is the added clause legal? Isn't it too harsh? I tried to find it on RERA or RDC but wasn't able to find info. I tried hard to pay them on the same day but they didn't accept. Looks like they are trying to benefit from the situation and making another AED 5k. Can you help me?

Q: Hi, I have lived in my current apartment for 14 years. This year in Jan 2020, I called the office to ask for my new rent details from 1st Jan 2020 to 31 Dec. They told me that I was having a court case as I didn't pay last year's rent. I handed over 4 cheques in 2019, but I didn't wait for a receipt and never went to collect my tenancy agreement as I haven't done for almost 2 years. They always handle things and I trust them. It turns out no rent cheques were cashed for 2019, no one in the office can find the cheques, no tenancy was signed and no one contacted me in a year. I assumed that the cheques were going to be deducted from my account. What can I do? Thanks!

Q: We have an issue with an unreturned cheque back on our 2019 to 2020 contract (RESIDENCE FLAT CONTRACT). We deposited a cheque to the landlord for the last quarter payment, but instead of this, we settled to pay by cash and they told us that they will return the cheque to us (we have the receipt). Until the contract end, we were expecting that everything went fair and well. We renewed for another year this same contract (July 2020-July 2021) until the end and terminated this last contract last July. We settled everything and even received our deposit. Unfortunately, on September 6, 2021, they filed a complaint at the police station regarding this cheque. We went to their office and told us that it is their mistake. their legal told us to go to police station to pay AED1,050 to cancel this report. We don't know if this is to cancel the case. Any advice, we want to clear our name from this case. We want a refund, we want to clear our name and receive our cheque back.

Q: Hey I rent an apartment in a building managed by a bank and had a one-year contract. They changed the management after three months of the contract. And then I had a bounced cheque so I went to the bank that was currently managing the building and paid them in cash. They said the old bank will send me my cheque back within a month. But after a few months, I received a message from the police that I have a criminal case so I went to check and found out that I have a travel ban as well. My mom was sick and I was traveling with her on Sunday and this happened on Thursday, 2 days before that. I went to the bank and got to know that they received the email but yet they filed the case by mistake and until this day I haven’t received my cheque back. It’s been 10 months now. Kindly let me know if I have a case.

Q: What happens if a person left the UAE suddenly without canceling the tenancy contract and the cheques for rent bounced? If he/she wants to come back, will they get arrested? How can we check the status?

س: السلام عليكم، تأخرت عن سداد قيمة الشيك لمدة ثلاثة أشهر. أُرسل لي إخطار عدلي وبعدها رُفعت دعوى. أرسلت للمالك أنني مستعد الآن لدفع قيمه الشيك المرتجع ولكنه لم يتجاوب معي وأخبرني أنه يجب أن أخلي المكان فورًا وأدفع باقي المبلغ كاملاً مع قيمة الضرر الذي لحق به مع رسوم الدعوى. هل سيحكم قاضي فض المنازعات ضدي وأنا مستعد للدفع؟

Q: I have defaulted on my rent cheques twice with my landlord in Dubai, each for AED 16,250 (totaling AED 32,500). I have already paid AED 6,000, leaving an outstanding balance of AED 26,500. However, including penalties and fines, the total amount now stands at approximately AED 43,000. I have a hearing scheduled with the Land Department on the 13th of May. My questions are: How can I negotiate with my landlord? Is there a possibility of a travel ban at this stage?

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.

يلعب الشيك دوراً مهماً في الحياة اليومية سواء في ميدان المعاملات التجارية أو في ميدان المعلامات المدنية باعتباره أداة وفاء والتزام تحل محل النقود في التعامل بين الافراد. ونظراً لهذه الأهمية فقد أصبح أكثر الأوراق التجارية انتشاراً وتداولاً بين الناس، على الرغم من حداثته نوعاً ما. فالشيك لم يبق كما كان في بداية عهده أداة لسحب الودائع المصرفية لحساب الساحب ذاته، بل أصبح أداة وفاء تحل محل النقود سواء على النطاق الداخلي بالنسبة للمعاملات التي يقوم بها الأفراد داخل الدولة فحسب وزادت أهميته.

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.

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.