Q: Dear All, I have the following question. I am the landlord of an apartment in Dubai. It was rented out by me to a touristic company which now owes me 6 months rent payment. In the contract which we have signed we have the following clause: "In case of any cheque returned unpaid without any valid reason from the tenant, and the tenant fails to settle the cheque value within 20 working days, then the tenant shall be entitled to a delayed penalty equal to 2% of the cheque value added to the due amount and if it is not settled after 7 working days from the date of penalty applied on the due cheque, then the owner has the right to terminate the contract and take immediate possession of the apartment." So, does it mean that I can write an email to him and say that I am terminating the contract and taking possession of the apartment? Or do I still need to send some eviction notice?

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: I had given a cheque to my previous landlord which got bounced. Later, I had paid the amount by cash in his bank account and have handed him over the bank receipt as well. I do have a copy of the bank receipt signed by his manager also. Although the money is paid, he didn't return me the cheque and rather lodged a police case of cheque bounce. Also, he has given me a clearance certificate against the flat. What can I do when I am not in fault? Kind advice will be highly appreciated.

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.

الإخطار أو الإنذار القانوني هو إجراء قانوني يتم اتخاذه من قبل شخص أو منشأة أو كيان يدعى (المنذر- المخطر) بناء على نص قانوني أو اتفاق عقدي موجه إلى شخص آخر يدعى (المنذر إليه - المخطر اليه) لإبلاغه او إخطاره أو تحذيره باتخاذ إجراء قانوني معين أو تقديم شكوى قضائية ضده في حال لم يتم تنفيذ ما تضمنه الإنذار القانوني خلال المدة الزمنية المحددة به.

موضوع هذا المقال هو مناقشة تطبيق عملي جديد وقفنا عليه لدى بعض السلطات القضائية، يتمثل في استيفاء رسمٍ قضائي مقابل تقديم المتقاضي لدفاعه الكتابي، فمتى كان المتقاضي يرغب في تقديم مذكرة، وجبَ عليه أداء رسم لرفعها على النظام الإلكتروني، وإلا، لم يكن له سبيل إلى رفعها، فلا يقبلها النظام الإلكتروني، ولا تصل إلى قاضي الدعوى. وقد وقفنا على هذا التطبيق المستحدث في الدعاوى الجزائية، والدعاوى المدنية.

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. 

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.

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.