Questions & Answers
Questions & Answers
4 available 4 • View allWaiving the penalty for early exit of tenancy due to COVID-19
2
Q: Hello,
I live in Dubai and have recently been sent on unpaid leave until further notice due to COVID-19. I am unable to pay my next rent cheque which is due in July.
I would like to exit my tenancy contract early, it ends in March 2021. My contract states that I am liable and have to pay an early exit fee of the equivalent of 2 months rent if I decide to leave early.
Can this be voided due to the current situation? And would I be able to leave without paying this?
Does COVID-19 count as Force Majeure? If it does, would I also be able to get my deposit back?
Thank you for any assistance you can offer.
F.

Apr 22, 2020
514
Struggling to pay the rent because of COVID-19 pandemic

3
Q: My company is suffering under the current challenging circumstances. It provides an important service in Dubai. However, due to a major decline in revenue, we are trying to negotiate with the landlord which is proving difficult and can lead to eviction.
What are the options available to us? Relocating is not an option as a lot of investment has been taken place at the current location.
Thanks!


Apr 6, 2020
2551
Rescheduling the payment of a rent because of COVID-19 outbreak


2
Q: Please advise on this case as a landlord. My tenant informed me that she has lost her job because of COVID 19 and wants to delay the rent cheque due this month.
On asking for how long she wants the delay and what is her plan for the future, she said that she does not want to pay for 3 months and then continue payment after 3 months.
She has no plans to leave Dubai or the property; her whole situation is uncertain because of the current situation. The property is a townhouse in Dubai.
Please advise what should I reply to her?
Quote from her email (Please ask the landlord to either send back the 15th April cheque or maybe overwrite it and send a picture. My kind request is to freeze the payment for the period of 3 months and continue payment from the next cheque on the 15th of July.
As for your question, I do not intend to leave Dubai, and I hope the situation will get back to normal soon, so I will be able to get a job.)



Apr 15, 2020
1254
The rights of the tenant and the landlord in case of early exit from tenancy
3
Q: Hello Sir!
I rented an apartment in a villa in Abu Dhabi 4 months back and paid 4 months' rent in cash and have given three cheques for the remaining rent in advance (4-4 months) one cheque is a security cheque.
We signed a contract for one year. Now because I got terminated from the job, I informed the landlord with one month's notice and evicted the house after 3 months leaving one month's of rent to him as discussed at the time of the contract.
I lived only for 3 months. Now the landlord is not returning my cheques and demanding all the amount of the remaining year and threatening me for filing a case if he bounces my cheque.
I negotiated and he asked me now in the last conversation to pay only for 3 months more and he will give me back my cheques, What should I do?
I can't pay even for the 3 months since I have evicted the house as discussed.
What are my legal rights in such a case and what's the worse I can expect if he bounces my cheques?
Kindly advise.
Thank you

May 5, 2022
758
Legal blog
4 available 4 • View allIs COVID-19 a Force Majeure Event? 10
As the world is currently experiencing a major lockdown and suspension of almost all commercial and civil operations, the question arises in the novelty of Coronavirus outbreak on how serious it is to be dealt with as a Force Majeure.
Apr 7, 2020
2234
UAE Labour Law Update (COVID-19): Ministerial Resolution No. (279) of 2020 22
This article discusses the Ministerial Resolution No. (279) of 2020 Regarding Employment Stability in the Private Sector during the Period of Application of Precautionary Measures to Curb the Spread of the Novel Coronavirus Issued by the Minister of Human Resources and Emiratization in Abu Dhabi on 26/3/2020.
Apr 13, 2020
8055
Exemption of Early Exit Penalty in Tenancy Contracts due to Coronavirus 0
This article tries to explain the concept of Force Majeure and its application in residential tenancy contracts in the light of a recent RDC judgement.
Nov 10, 2020
1326
Rental Disputes Amidst COVID-19 in the UAE 2
An interview-format article covering the topic of rental disputes amidst COVID-19 in the UAE. This is from the legal podcast of lawyer Ludmila Yamalova, the founder of Lawgical with LYLAW.
Feb 1, 2021
644
Laws & Regulations
1 available 1 • View allFederal Law No. (5) of 1985 On the Civil Transactions Law of the United Arab Emirates 96
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.
Dec 15, 1985
148342

Other answers by
213 213 answers •
View allWhen to claim an inheritance in Dubai while being abroad and which law is applied ? 0
Dear sir/madam,
I would like someone to be honest with me. I am in the UK. How long have I got to claim inheritance in Dubai?
I was reading in the Gulf News that the laws of the country of the deceased at the time of death can be applied regarding the will.
Is this true or false? I am really looking for these two questions to be answered first. Can anyone help me with this, please?
Mar 25, 2022
406
I seek to cancel a purchased property and get refund for delay in handover 0
Dear Advocate Sweta Singh,
I am from India and in Sep 2018, I purchased an apartment in a hotel. The hotel has not been completed and the delay is more than a year.
They have not paid any compensation as per the contract, nor do they talk about it. I have paid more than 80% in installments and paying it regularly.
Please help me, guide me on how to cancel the deal and get a full refund, or any other way which helps me recover my investment.
Regards
Mar 9, 2022
339
Is it possible to apply a will issued in South Africa in the UAE? 0
Dear questioner,
My father (Muslim) has passed away in South Africa. He leaves behind 4 children, his wife (our mother) and his own mother.
He had a will for South Africa in which, I (oldest son) am executor. The will does state that it encompasses all property and assets wherever they may be.
He has various properties and assets in the UAE. My questions are:
1. Does his will have power in the UAE or will it be divided by Sharia?
2. What documents are required to wind up his estate?
3. What is the wind-up process within the UAE?
Feb 22, 2022
459
How to access the bank account of my son who passed away recently? 0
My son tragically died in Dubai and his salary has been paid into a UAE HSBC bank account.
My daughter also lives in Dubai and has an HSBC account.
How can I access my Son's bank account, please?
I live in the UK.
Feb 17, 2022
358
How can we access the bank account of a deceased person? 0
My uncle died 2 weeks ago in one of the private hospitals here in Dubai.
We have already completed everything regarding the repatriation of his body with the help of his employer and his remains are already sent back to our home country last week.
He used to give me an access of his ATM card before and I tried to access it just few days ago and I found out that there is some amount of money left on his bank account.
I am aware that he has some pending bank loan requests before he died, so I am afraid that amount might be the reason of such big amount.
Being the only family member of my deceased uncle, what should I do in order to make sure that the amount is from his savings and not from his bank loans?
In case the amount is proved to be his own savings, is there any chance for me to get the authorization to claim that amount from the bank to be used by his family?
He has a wife with 3 kids back home.
Thanks a lot in advance.
Feb 10, 2022
267
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