Questions & Answers
Questions & Answers
7 available 7 • View allFiling a case against the tenant for failing to pay the rent


0
Q: I'm the owner of one apartment in Dubai and it's rented.
The tenant is not paying the rent for one year.
I want to know how to evict the tenant and recover my rent debt (AED 40000).



Jun 10, 2019
1519
Eviction of the tenant after providing bounced cheques for rent

3
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.


Dec 26, 2020
2566
هل تُحسَب البدلات الإيجارية حتى تاريخ براءة الذمة وإن لم يعلم المالك بصدورها؟
2
س: أخلينا المنزل واستخرجنا براءة ذمة من الكهرباء والماء بتاريخ 15/8 ولم يُبلّغ المستأجر المالك أو المحكمة بأنه استخرج براءة الذمة. صدر حكم المحكمة بتاريخ 19/8 بالتالي:
1. على المستأجر الإخلاء فورًا.
2. على المستأجر سداد البدلات الإيجارية حتى تاريخ الإخلاء الفعلي.
3. يلزم المستأجر ببراءة الذمة من الكهرباء والماء والصرف الصحي حتى تاريخ الإخلاء الفعلي.
فسؤالي هنا إذا تكرمتم:
لا يوجد أي تواصل بين المستأجر والمالك منذ جلسات المحكمة ولم يقم المالك بتقديم طلب التنفيذ في البلدية والمالك لا يعلم حتى اللحظة بصدور براءة الذمة من الكهرباء والماء ولم يتواصل لاستلام مفتاح العقار.
هل يترتب على المستأجر أي بدلات إيجارية إلى تاريخ تسليم المستأجر للمالك او البلدية براءة الذمة ومفتاح المنزل؟ أم أن البدلات الإيجارية تُحسَب فقط حتى تاريخ براءة الذمة بغض النظر عن علم المالك بصدورها؟

Aug 31, 2021
546
How to get a tenant arrested to recover the due rent after eviction?



3
Q: Dear sir/madam,
Currently, I have 2 enforcement cases against my tenant for failing to pay rent.
He has been evicted from the flat. A travel ban was issued. An arrest warrant was issued. No action is taken by the police to arrest.
There seems to be no response from the tenant side. The tenant owes around +200k AED.
Kindly advise as I would like to hire a lawyer!




Feb 27, 2022
1169
هل يعتبر البريد المُسجَّل حسب المادة 25 كافِ للإنذار بالإخلاء؟
1
س: السلام عليكم،
هل يعتبر البريد المُسجَّل حسب المادة 25 كافِ للإنذار بالإخلاء؟ وهل يكفي تسليم الرسالة إلى أي شخص في مكان عمل المستأجِر؛ مثلاً الاستقبال؟ أم أن المستأجر يجب أن يوقع بنفسه على الاستلام؟

Jul 13, 2022
739
إخلاء مستأجر لا يدفع الإيجار في أثناء وجود المالك بالخارج

1
س: السلام عليكم،
أسكن خارج الإمارات ولدي مستأجر لا يدفع الإيجار منذ 5 أشهر. ما طريقة التعامل معه؟ وهل يمكن عمل وكالة للمحامي من خارج الإمارات؟ وكيف؟


Jul 2, 2022
166
Is it normal for a judge to suspend an arrest warrant against a tenant for visa renewal?




1
Q: Dear Lawyers,
I got an arrest warrant issued for a tenant in Dubai after the eviction process.
However, he submitted an e-request to suspend the arrest warrant so he could renew his visa without any supporting documents or payment.
The judge accepted a one-month suspension. Is this normal?





+1
Dec 13, 2024
116
Legal blog
2 available 2 • View allProcedures of the Rental Dispute Settlement Center in Dubai 21
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.
Oct 20, 2018
21381
What You Should Know While Renting a Property in the UAE 5
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.
Feb 24, 2020
3945
Laws & Regulations
3 available 3 • View allLaw No. (26) of 2007 Regulating the Relationship between Landlords and Tenants in the Emirate of Dubai 12
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.
Nov 26, 2007
24310
Law No. (33) of 2008 Amending Law No. (26) of 2007 Regulating the Relationship between Landlords and Tenants in the Emirate of Dubai 8
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.
Dec 1, 2008
24994
Decree No. (26) of 2013 Concerning the Rent Disputes Settlement Centre in the Emirate of Dubai 0
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.
Sep 18, 2013
7300

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Hi,
I need to hire a property lawyer.
I have purchased a property that is still under construction. The handover was supposed to be May 2018 and it has been delayed for over 18 months.
Can you please advise what is the average fee to the lawyer and any upcoming fees?
I would like to either receive compensation for the delay or terminate the SPA and receive what I have paid.
Thanks
Nov 10, 2019
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Termination of services due to cost-cutting 0
My company terminated my services without any reason except for what they told me that they are cost-cutting.
What are the complete benefits that they have to pay to me beside the gratuity?
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Court fee for filing civil case of cheque bounce 0
What is the total fee for instituting a civil case for a bounced cheque of AED 4 million?
Nov 8, 2019
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Mutual Termination vs Resignation 0
Is it possible to request a mutual termination of the contract from the employer?
My employer recently asked me to submit a resignation. Since it's not legal for him to do this and since I don't mind leaving the company for better opportunities, is it legal for me to request a mutual termination of contract letter?
What are the important things that should be stated in the letter?
Nov 9, 2019
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Termination for non-performance and claim for arbitrary dismissal 0
Hi,
I am the GM of a company in the Internet City and the VP Sales MEAA.
My contract has been terminated after 13 years due to some results that did not meet the company expectations.
No process was followed prior to termination. I wish to know if I will have a claim for arbitrary dismissal.
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342 342 answers •
View allHow can I vacate my tenant if the rental agreement ends before the eviction notice deadline? 0
My Dubai tenant's rental agreement is ending by the end of September 2024 and the completion of 12 months of legally served Eviction Notice is the end of December 2024.
I have two questions:
(a) Can I send a rent increase notice 3 months before as the rent has increased as per the RERA rent calculator?
(b) The second question is, do I have to renew the rental agreement for 3 months (until December 2024) or not?
Thank you.
May 1, 2024
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How can I reach a settlement with the bank for a mortgage of a jointly owned property? 0
I have a jointly owned property in Abu Dhabi. The mortgage was defaulted on as I had to leave the property with my children following an assault by my ex-husband. He left the country in 2018 and never paid the mortgage.
As I was in the country, the bank filed a criminal case against me, and I was sentenced to 3 years. I won the appeal against the bank and then filed another criminal case a few months later in Dubai. Again, I won and paid a fine.
In 2019, the bank started a civil case against me and my ex-husband to have the property repossessed. However, at the time of the purchase of the property, there were no Title Deeds, the bank requires this.
I cannot give them the Title Deeds to sell the property and pay back the amount owed to them as my ex-husband refuses to provide a POA. The bank has filed another criminal case against me only for our jointly owned property.
I wish to resolve this and pay off the bank and receive any money left from the sale. How can I resolve this issue of the Title Deeds?
Oct 4, 2022
308
The procedures for filing for divorce on mutual consent 0
Dear sir/madam,
I am separated from my wife due to compatibility reasons. We got married in the Indian consulate in Dubai on December, 23rd.
We would like to file a divorce on mutual consent as soon as possible. May I get some advice here on the procedures?
Sep 13, 2022
689
My previous employer failed to pay my gratuity. Can I file a case 6 months after resignation? 0
My previous employer failed to pay my gratuity six months past now since I resigned, Is it possible to file a case against him after a 6 months period?
May 31, 2022
1285
Can a real estate agency hold a percentage of a property sale until transfer is done? 0
A real estate agency has signed an MOU stating that a 10% security deposit from the buyer and the seller will be kept in the real estate agency and will be released upon transferring the property.
The transfer of the property was blocked due to the court order.
According to my colleagues, the real estate agency is not a trustee and they are not allowed to have taken my security check in the first place, is this correct?
Jun 28, 2021
1277
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