Questions & Answers
Questions & Answers
8 available 8 • View allUnfair request by the landlord to pay a fine for bounced cheque
4
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?

Sep 6, 2018
2817
Fine for a cheque returned as unpaid
1
Q: Hi, I have a problem. The house owner in UAE, Dubai asked me today to pay a fine for returned cheque 5,000 AED in case the cheque bounced and it is written in the contract.
Today they called me asking for the fine anyway they say they gave the cheque to another bank to collect the money and the other bank rejected it. I called my bank and they said no one gave them any cheque. So the owner wants the fine and the rent. What should I do?

Apr 11, 2017
1799
Bounced rental cheque dispute
6
Q: Dear Sir,
We have paid an amount with Rent Dispute Committee (RDC) for a rent case, but supposedly there is the bounced cheque case still filed with police.
Since we have paid based on the court order and paid in court, doesn't the cheque amount drop? Do we pay twice the same amount?
Best regards

May 17, 2017
3558
Forcing more payments after clearing a bounced rental cheque
0
Q: Assalamu Alaikum
Dear Ma'am.
I was charged in a cheque bounce case in October 2018, due to a failure of the rent payment through cheque. The cheque amount was AED 14000.
I was summoned only once by the court and was given a fixed time to pay the dues and vacate the house. I have paid all the due rent (Approx AED 17000) last week.
The real estate agency's lawyer is not closing my case, forcing to pay first case amount and some overstayed rent.
Today he said: you have only one-day time to pay court charges and case fees, and overstayed rent, otherwise tomorrow Baladiya will come and throw you out. Is it possible?
Please give me guidance as to when my case will be closed. What is the rule of Baladiya in this case? And is it connected to the renewal of tenancy? Can I renew my Tenancy contract or not?
Please, Can you reply to me now?
I am worried.

Dec 27, 2018
594
Right of the landlord to levy bounced cheque fine from deposit
1
Q: The landlord is taking 4000 from our final deposit for bounced cheques which happened in 2015, 2016, and 2017.
We lived in this property since 2015 and now when we are finally moving out, he decided to charge us for these fees of 1000 per cheque now in 2019.
Is this possible?

May 5, 2019
1201
Bounced cheque case by the landlord after paying the rent

4
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.


Jan 2, 2020
1150
Requesting additional fees due to cheque postponement. What should I do?



1
Q: Good day,
I requested the lessor to divide my upcoming cheque into two payments instead of the full amount on the 1st of December. I paid 50% on 1st December, and the second payment was scheduled for 30th December.
However, they considered it as a cheque postponement and asked for an additional fee.
Upon reviewing the contract, I found point number 8 states that a cheque postponement request will be subject to management approval, and it doesn't mention any extra fees—just approval.
Is this normal, and should I pay for it, or not?
Please help!




Dec 19, 2023
180
A tenant has delayed rent payment for 15 days. Can I file an eviction notice?



3
Q: Dear Sir/Madam,
I have an apartment in Dubai, and I rented it on a monthly basis to an Iranian national. Now, every month his cheque bounces, and he makes the rent payment after 15 days. This has happened twice now.
Can I file an eviction notice? Also, is this considered a breach of contract, and can I claim 2 months' penalty rent from the tenant?




Mar 25, 2024
548
Laws & Regulations
2 available 2 • View allFederal Law No. (3) of 1987 Promulgating the Penal Code 29
This Law promulgates the Federal Penal Code (Criminal Law) of the United Arab Emirates. Crimes and chastisement punishments shall be determined in accordance with the provisions of this Law and other penal codes.
Dec 8, 1987
47901
Federal Decree Law No. (14) of 2020 Amending Certain Provisions of the Federal Law No. (18) of 1993 Concerning the Commercial Transactions Law 4
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.
Sep 27, 2020
3530

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Sir,
What will be the procedure when the bank initiates a civil case on a personal loan?
Jan 31, 2019
4174
Liability of daughter against the debts of her father 0
To whom this may concern,
I returned back to Australia after 10 years in Abu Dhabi in 2015. As I turn 18 this year in November, I plan on visiting friends who are in the UAE for about a month.
I would like to travel with them around the country freely without any prosecution from local officials.
My father had to leave the UAE in 2016 for health reasons and has unpaid debts in the UAE, Abu Dhabi specifically.
I would like to know and have it in writing if I would be able to travel freely to the UAE at the end of the year and that I am not liable for my parents' debts/problems as I have no legal responsibilities for their actions.
Kind regards.
Jan 31, 2019
1398
Bounced cheque case for a loan after paying the fine 0
Hi
I have got a call from Dubai Police last week regarding my cheque bounce which I issued to the bank due to default on loan payment on time.
I paid a visit & they referred me to the prosecution & I got fine which I already paid and got clearance.
I want to know if the bank can still file a case against me & I still need to contact the bank for settlement or case clearance.
I am getting too many calls even after that, and the debt collector is actually harassing with the worst behaviour & back to back calls which actually ruined my personal life and put me in depression with high bp.
Thank you
Dec 31, 2018
2472
Repercussions of defaulting on a bank loan and credit card 0
Dear Sir,
I am an Indian national, and I defaulted on a personal loan & credit card payments. I lost my Job and I didn't pay my EMI and credit card payments.
I am seeking help from you, could you help me with this? I am not a willful defaulter. Now, I am In my home country.
Dec 8, 2018
1263
The right action for delaying the delivery of a purchased property 0
I have invested in a villa and it's been 19 months that my villa is still not ready and I haven't got the possession or either copy of the contract which I have signed with them.
How can you help in this regard?
Nov 26, 2018
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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
269
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
285
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
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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
1275
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
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