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: 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: 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.

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.

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.