Q: Hello, I'm an owner of an apartment in Dubai and my tenant is not paying rent. I have submitted the legal notice with the notary public and it's already due, until now, the tenant is saying that he will pay. I have one problem, the tenant is a male and I think he is out of the country, but all negotiations are with his wife and the cheque is given by his company. How can I evict them from my property? Please help.

Q: Hi I am a Landlord; the tenant has not paid rent for 4 months and he is refusing to leave. The tenant says he was never given a contract nor Ejari and the tenant gave me a cheque which was not valid due to the account being closed. He was supposed to bring a new chequebook but never did. I opened a case regarding bounced cheque and a notice of eviction last month but the tenant never left the house. My question is, can I bring the case to the court even if I never issued an Ejari nor a legal contract? Kindly advise because I don’t know what to do at this point. Thanks in advance

Q: Hi, I have an apartment in Dubai rented out to a tenant since Mar 2020. I have been a very supportive landlord in the COVID-19 situation, have collected monthly rents in cash instead of depositing the cheque even delayed the rent for a couple of months, and reduced the rent for July 2020. For the last rent cheque which is due next week Jan 10th 2021, the tenant has asked me not to put the cheque and still requesting for negotiation. The tenant lost his job in April but was successfully running his own business on an extended residency visa from his company. His visa is cancelled now and says that accounts are frozen, and not to put the cheque. When I asked for cash payment he said there is no money. Can I still choose to deposit the cheque and proceed legally? Or Should I give him a one month notice? Do I still need to wait for his green light to put the cheque? I feel the tenant is taking undue advantage of me being nice since it has happened every month since April. Please advise.

Q: This is the second time a cheque of my tenant is not honored for rent payment. My relationship with him is not good. Can I evict him? I need my property back. What is the best way to get it back?

Q: Hi, Our tenant has been violating the terms of the contract right from the beginning by: a) Not transferring one utility connection under his name causing us to continue incurring charges, b) Keeping a pet which is against community rules. We have repeatedly received complaints from neighbors and building management regarding the disturbance caused by his pet. We have issued the tenant numerous warnings but all in vain. At the end of one year contract, we negotiated and the tenant agreed to vacate after 3 months (signed 3 months contract). Now after the end of 3 months tenure, he is not vacating and we are not willing to renew the contract considering the distress he has caused us and the neighbors by going against the terms of the contract. What is the legal recourse to evict him? We understand that the first step is to send 30 days' legal notice but what beyond that? Also, how to recover the cost of over-stay as the deposit would not be sufficient to even cover the utility expenses? We are not based in Dubai.

Q: Dear sir/madam, My rental cheque is due tomorrow and unfortunately, I’m not able to honor it. I asked my landlord to wait a couple of days but he doesn’t want to wait and said that he is going to cash the cheque tomorrow. Of course, the cheque will bounce, what would be the procedure then? Do I have a certain amount of days before eviction to pay the rent?

Q: Dear Lawyers, I rented my apartment to a tenant. Before they moved in, they mentioned having a money issue and agreed to pay one month's rent first. They said they would pay the deposit and the next month's rent the following month. They also agreed to sign one open cheque for the deposit and one cheque for each month’s rent. In the one month they stayed, I received three notifications from the management team regarding violations of building rules, such as putting decorations on the door. At the end of the month, the cheque bounced due to signature issues, which implies that all the cheques cannot be deposited. I have tried to contact them, but they do not respond. I realize this could become a serious problem. What can I do now to reduce my loss and evict them? Thank you!

An interview-format article covering the topic of residential retail properties pertaining to the liability for property maintenance and the repercussions of defaulting on rent payments in the UAE. This is from the legal podcast of lawyer Ludmila Yamalova, the founder of Lawgical with LYLAW.

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.

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.

With the introduction of the new procedures for obtaining a power of attorney (POA) remotely in the UAE, after it was mandatory to appear in person in front of the notary public as a global rule to ensure the identity and intention of the person requesting a POA, we put between your hands this brief guide for how you get it done.

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. 

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.