Q: I am a property owner in Dubai. A tenant has been living in my property from 2016 until Sept 2020. This year, due to the concessions by Dubai government, the tenant started excuses saying he won't pay his rental commitment & has bounced two of his rental cheques. During the eviction process, I came to know that there is also a Trakhees violation by the tenant in 2017 due to overcrowding for which I have taken a guarantee cheque & deposited in the bank which has bounced, as usual. The tenant claims there is no way he can be apprehended, thanks to the UAE/Dubai govt leniency towards the cheque bounce defaulters, & neither will he pay the amount. Please advise as I wish to file a case against him & also I am not a resident in the UAE.

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: I'm a foreigner landlord and my tenant is paying rent. His cheque has bounced and he's not in Dubai, but his friend is living in the apartment.

س: السلام عليكم، اشتريت رخصة كوفي شوب من مالك الرخصة القديم وحررت عقد إيجار مع مالك العقار لمدة سنة في شهر ١١/٢٠٢٠. بسبب الكورونا والانشغال لم افتتحها والشيكات مع مالك العقار والحين يطالبني بمبلغ فوق مبلغ الشيكات وأيضًا بمبالغ مستحقة على مالك الرخصة القديم وأيضًا مبالغ إضافية من فترة انتهاء عقد الإيجار ولتاريخ اليوم. مع العلم أن المالك لم يقم يودع الشيكات في البنك ولم يحصل على شيك مرتجع وانقضى على تاريخ استحقاقها سبعة أشهر. هل يمكنه إيداع الشيكات أو فتح قضية ضدي؟ وشكرًا!

س: السلام عليكم، هل توجد مهلة قانونية للمستأجر للبقاء بالعين المؤجرة لمدة بعد انتهاء مدة عقد الإيجار المذكورة بالعقد؟ لا يوجد اتفاق بين المؤجر والمستأجر على قيمة الأجرة الجديدة ويرغب المستأجر في البحث عن سكن آخر.

Q: A person wanted to buy shares in my business. He issued cheques and then changed his mind and got cash from me. Now he filed a legal case against me. What shall I do?

Q: Dear Sir/Madam, Rental dispute with my tenant. Timeline of events: 1. Cheque due date: June 8, 2023. 2. Gave him 25 days as requested. 3. Raised a formal police complaint for a bounced cheque (as the account was closed/fraud) on July 3, 2023. 4. Again asked him to pay up or vacate; he asked for more time and I gave him more time. 5. Sent him a formal 30-day legal notice to pay and vacate the property on August 2, 2023. 6. On August 24, he called me to offer a partial payment; I said he had to pay in full by the due date. 7. On August 25, I received the RDC notice of offer and deposit, in which he stated the following: "The applicant requests your kind approval to accept an offer and deposit a cash amount of AED XXX in exchange for the rental value." If I accept the notice, how much time will he be given by the court to pay the amount? If I reject the offer, what will be the implications? Can I still open a case against him to vacate the unit when the 30-day legal notice expires on September 1?

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.

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.

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.