Questions & Answers - Legal Advice Middle East

خصم مستحقات عمالية عند التسوية بحجة تلفيات. ما العمل؟

س: السلام عليكم، أنهت الشركة خدمتي. عند التفاوض على المستحقات، خصمت الشركة ٢٥٠٠ درهم من المستحقات بحجة خصم منتجات تالفة. أنا غير مسؤول عن استلام أي منتجات. هل هذا قانوني؟

I left the UAE with a small unpaid loan and now I have to transit in Dubai. Will I be arrested?

Q: Greetings! I am a Philippine passport Holder. I was working in the UAE for the past 16 years. I have a personal loan of AED 1,500 in a Bank in Abu Dhabi. I never missed a single EMI to the bank and had good records. But I lost my job, so had to come back to Philippines. Now after 16 years, I have a chance to go to Italy but my plane has a connected flight from Dubai to Italy. Will the UAE authorities arrest me? Please help me with your advice, I can pay the outstanding only if I have to, but how? I want to pay my outstanding and clear it.

Is it the responsibility of the tenant or the landlord to fix damages caused by rain?

Q: Hello, I am a tenant living in Dubai and last winter lots of villas were affected by the rain and there was a lot of damage caused by the rain. There was leakage in the entire villa, the floor went down and a lot of tiles popped out and cracked, and that’s what the engineer sent by the developer to see the damages told me. I have the proof paper from the developer for all the damages. They only fixed the leakage, painted the walls, and refused to fix the tiles. My question is, is it my responsibility or the landlord`s as it wasn’t caused by me?

Can I come back to the UAE and find a job if I have credit card outstandings?

Q: Hi I am from India, I was working in the UAE until November 2018 for a job change in the UAE, and I returned to India. But I didn`t get that expected job or a new one from the UAE. When I left the UAE, I had a credit card outstanding for a period of 6 months. I paid the EMI from India. But after 6 months, I could not continue to pay the EMI. Can I come back to the UAE and find a good job and pay back my debts? Thank you for your time

What does the clause of failing to obtain a loan in the Form F of property sale mean?

Q: What is the interpretation of this clause in Form F of the sale agreement of property? "If applicable, if after applying for the loan the Buyer is unable to obtain such loan within a period not to exceed (14) days from the date of execution of the Contract, this Sales Contract shall be void, and the full amount of the Deposit Cheque shall be refunded to Buyer."

إعادة الأبناء مع الحاضنة إلى البلد الأم لعدم قدرته المالية على تعليمهم

س: السلام عليكم، هل يستطيع الأب الذي لم تُلزمه المحكمة بعمل إقامات أو تسجيل أولاده في مدارس الدولة لعدم قدرته المالية أن يسفر أبناءه للتعليم في بلدهم الأم مع توفير كافة احتياجاتهم والحاضنة معهم؟ ما الطريقة لو سمحتم؟

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Is it possible to resign from my job during probation if I am not happy at work?

Q: Hi, I am working in a firm in Dubai for almost 3 months now. I have a probation period of 6 months as per my contract, however, I am currently not happy at the workplace. I am not under the company`s visa. If I quit during the probation period, not for any new employment right away, but just because I feel this is not the perfect job for me, what will be the consequences as per the UAE labor law?

How to evict a tenant in Dubai as a new owner before receiving the title deed?

Q: Hi Legal Advice ME, I have just bought an apartment in Dubai with a tenant in place. I would like to move into the apartment as my residence. I understand that I must issue the current tenant a 12-month written notice. However, I have only received the sale and purchase agreement (SPA) from the developer so far. Do I need to wait until I receive the title deed before issuing the eviction notice? Also, the current Ejari is between the developer and the tenant. Can I still issue the 12-month notice even though the current tenancy contract is with the developer?

هل تسقط الولاية عن الأب المطلق في حال دخوله السجن؟

س: السلام عليكم، هل تسقط الولاية عن الأب "المطلق" في حال دخوله السجن بتهمة في قضية جزائية "خطف الأطفال والتعدي على سلامة جسم الغير"؟

Can a new landlord impose a rent increase that is higher than the RERA index?

Q: Dear Sir/Madam, My tenancy contract will expire in 4 months. I was just informed that the apartment has been sold to a new landlord. The new landlord wants to impose a 15% rent increase upon renewal, even though the RERA index calculated a 5% increase. If there has been a transfer of ownership, can a new landlord impose any rent increase they wish? Or should they still comply with the RERA calculator? Imposing a big jump in rent increase could mean that new landlords can indirectly "evict" tenants with very little notice if they can`t afford the newly imposed rent.

RERA index vs rent valuation certificate: Which one prevails for rent renewal?

Q: Dear Sir/Madam, Would you clarify whether the Rent Valuation Certificate supersedes RERA`s Index for the rent renewal contract process? My tenancy contract is dated 05.10.2023 for renewal. I agreed to increase the rent according to RERA`s Index and sent him the RERA index calculation certificate, which shows a 5% increase. However, he replied that, according to Law 43 of the year 2013, the rental index is not the sole reference for the benchmark rent that you have shared. According to the law, he can request a rent evaluation certificate for this apartment, which is currently 20% higher than my rent. Therefore, the rent will now have to be according to the Rent Valuation Certificate. I proposed to him to increase the rent by 7.5% instead of the 5% calculated by the RERA calculator. However, he insists on a 20% increase.

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Eviction failed, can I still increase rent?

Q: Dear Sir/Madam, As a landlord, I did not send a rent increase notice 90 days before the contract ended because I had filed for eviction of the tenant on certain grounds and was awaiting a verdict. The court ruled against my plea and allowed the tenant to continue. Will the rent increase notice be valid if I send it immediately after the verdict is passed, which is about 80 days before the contract comes up for renewal?

How to get a refund from a migration consultancy in Dubai?

Q: Hello respectful Sir/Madam I applied for migration to Poland through a consultancy in Dubai on December 28, 2022. They said I would get a work permit within 60 days, but it has been more than 6 months. I now need my deposited amount back, but they are saying to mail customer care. I have receipts for payment and a fake offer letter. Can you please suggest how I can get a refund legally?

Can I enter the UAE without getting arrested if I have a pending credit card debt?

Q: I left Dubai in 2017 with a credit card debt of AED 40,000 left due to illness. Since then, I`ve been attempting to negotiate a payment plan with the bank. However, they consistently reject my offers and insist on full payment in one lump sum. I have repeatedly asked for documentation and proof of the debt but in the last 6 years, the bank has failed to provide any proof or documentation. I check regularly and no police report has been filed against me. Recently, I was notified by the bank that they have lost my security cheque and therefore cannot file a police report. Is this true? What implications does this have on my UAE status? Can I safely enter the UAE without the risk of arrest?

Is it worth filing a case for compensation if the landlord evicted me and did not sell?

Q: My landlord has asked us for a 33% rent increase and I responded by informing him that according to Dubai law, the maximum rental increase he can impose on me is 20%. He then replied back and gave me 24 hours to respond and agree to the 33%, or else he will evict me (all communications have been done through email). 2 days later, I received a 12 months eviction notice through the notary. The eviction said it was for the reason of selling his property. Fast forward, I moved out at the end of the 12 months. Then less than 2 months later (48 days later), he rented the property to another tenant for a higher price (I have managed to obtain a copy of the Ejari of the new tenant). My question is: Is it worth it to go to the RDC and file a case? Or is this a gray area in the Dubai rental law, and there is a chance that the judge won`t order the landlord to pay any compensation? Please let me know what is the success probability here.

Can I leave the country during my notice period ?

Q: Hi Sir/Madam, I am in my notice period at my current company. I have tendered my notice. Eid holidays are also within my notice period. If I leave the country for a short visit during Eid, am I breaching my notice period? Can my employer object?