Questions & Answers - Legal Advice Middle East

How can I get my car advance back after calling off the deal?

Q: Dear Sir/Madam, I gave an advance to a seller to buy his car, but after giving the advance, several discussions took place. Due to unforeseen circumstances, I called off the deal, and now the seller is not refunding my advance.

Can estate agents in Dubai charge a non-refundable commission fee upfront?

Q: Hello, Can I have legal clarification on whether estate agents in Dubai are allowed to charge a non-refundable commission fee upfront before the sale of a property? Thanks in advance!

What to do after filing an appeal against a judgment for divorce and alimony in favor of my wife?

Q: My wife left the house with my small baby without any reason. She took all the gold and everything. Now she is putting cases against me, asking for huge amounts of money and claiming that she doesn’t have a marital home, whereas I am alone living in my four-bedroom townhouse. I need advice as she is getting execution against me claiming house, maid money, and alimony money. I have put appeal. Still need advice.

زوجة ترفض مغادرة الدولة مع زوجها بعد فقد عمله

س: السلام عليكم، فقدت عملي داخل دول الإمارات منذ عدة أشهر ولدي الرغبة في مغادرة الدولة. زوجتي ترفض العودة إلى بلدنا الأم منذ ذلك الحين وتُصر على البقاء داخل دول الإمارات وتطلب الطلاق وحضانة الأبناء طبقًا للقوانين الإمارتية. أرغب في مغادرة الدولة مع الأبناء وإثبات عدم طاعة الزوجة في رفضها مرافقتي. كيف يمكن عمل ذلك؟

Can I sue a property management company for maintenance issues?

Q: Dear Sir/Madam, We rented a property from a property management company on April 25th and started staying there from that date. We paid the initial rent and deposit as mentioned by the bank. However, there are many maintenance issues in the flat that they have not fixed even after we complained continuously. We are suffering a lot due to this. I want to know if we can file a case on this, as the conditions of the government contract agreement have not been met.

Will the court accept the appeal of the employer if the claim is less than the allowed limit?

Q: Hello Sir/Madam I have won my labor case against my employer of 10 thousand dirhams. But now they have filed for an appeal and I have also been notified to attend a hearing for the appeal case. How can an appeal be made when the claim is less than 20000? And what will happen in the hearing? Do I have to submit further documents?

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Is there a chance for forgiveness in a theft attempt case where nothing is stolen?

Q: In a theft attempt case where there is nothing stolen, what are the chances that the judge gives forgiveness?

I had an accident with a car I rented from a person who turned out to be unauthorised. What to do?

Q: I rented a car from a person and in our conversation on WhatsApp, I asked if he works for the shop and he confirmed he is the owner. I rented that car. One person came and handed the car over to me. I signed only on the checklist for car inspection then I had an accident in the car. I called the police and made a police report then I discovered that he is not working for that company and he is not the owner of the car I took. He wants me to pay 25% + stoppage days for the car rental. I tried to reach the company that owns the car and they told me over the phone that the car was out without agreement. What should I do now and to whom I should pay the claim? I don`t know the owner car company and what is their policy.

An employee files a case for unpaid salaries, but he was already paid. What to do?

Q: Dear Sir/Madam, My employee filed a labor complaint against my company to cancel his/her visa and pay the previous two months` salary, which we had already paid but do not have signed proof of. The employee did not give a formal resignation and complained without notice. The contract is limited, and the employee completed the probationary period. It has only been 6-7 months since the employment visa was issued. As a new business, it is a challenge for us to spend more money, and this employee was a waste of our time, effort, and money. How can we move forward with this legally?

How to remove a case made by the employer as revenge against me?

Q: My boss started a company in Abu Dhabi. It`s a limousine company (100% owned by a local and he rented the license). Suddenly he got a travel ban and he made me the manager of the company and I give him a signed blank company cheque. After Covid, I was in India and couldn`t come to the UAE, he has to pay money to the sponsor (Kafeel) for sponsorship and other expenses (he didn`t pay one employee`s salary so the latter made a complaint, and the sponsor paid in labor court, because my boss not paying). He didn’t pay the sponsor and the company got fined. One of the other employees is helping him and that employee stole the passports of other employees and is not returning them. So the sponsor made a case against that employee. Once I reached the UAE, he bounced the cheque and made a criminal case against me for revenge. The police caught me and I got bail. After 1 year procedure, I closed the criminal case then I went for my visa. I have one civil case too. He made a civil execution case for a cheque bounce against me and the company sponsor. He put the wrong address purposefully.

Why does the court cancel the judgment session and set a hearing for expert?

Q: Dear Sir, Today (04-05-2022) was my judgment, but now my case status is deferred to pleading and the reason is (To Assign An Expert Next In Turn On The List). Now my next hearing is on 11 May 2023. Can you tell me why my judgment is canceled and showing a new hearing date?

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Do I have to wait two years to rent my apartment after eviction of tenant for personal use?

Q: I had evicted my tenant (after giving him a 365-day notice) from my apartment five months back with the intention of moving into the apartment myself. However, due to a change in personal circumstances, I have to leave the UAE in the next two months. Can I now legally rent out my apartment again or still need to wait for two years to rent out the same?

What are the rights of a tenant if the landlord does not renew the lease contract?

Q: Dear Sir/Madam, I have been renting a 1-bedroom apartment for the past 3 years. The owner appointed an agency last year to manage the property, as I had previously dealt directly with the owner. I told the agent that I would be sending an email which is to be forwarded to the owner, stating my intent to renew the contract. The agent then informed me that he had sent me an email informing me that the owner does not wish to renew the contract, as he is considering selling the apartment. When I asked the agent for the email, he said he had sent it to me a couple of weeks ago. I was surprised to find that the email was from the agent`s personal email address, and it read as follows: Dear Madam, We would like to inform you that as per the landlord, he doesn`t want to renew your lease contract. He decided to sell the property. This is formal notice to the tenant as a non-renewable contract. Regards, I would like to stay on for another year, so please can you inform me of my rights as a tenant?

My husband is facing deportation despite being acquitted. What to do?

Q: Hi Sir/Madam, My husband was caught in a drug case with his friend. After three hearings and a court judgment, he was released from jail. Now, how can he get his passport? When he asked for his passport, the officers said that he was deported from the UAE. However, his judgment, including the appeal court judgment, proves that he is innocent. Is it possible?

How to remove a case and procedures against company and owner for failing to pay office rent?

Q: We had an arrest warrant against our company owner for unpaid office rent in Dubai. As per the court order, they evicted us, sold our assets, claimed AED 95000, and requested an arrest warrant. We lost all our documents to run the company further which was removed by the landlord as per court order and not able to pay this amount as the company was in a huge loss for the last 2 years. Is there any option to remove the arrest warrant and the case? The company`s legal form is a sole proprietorship.

Should the landlord send a new eviction notice to the tenant or the previous owner's notice stands?

Q: In my landlord-tenant dispute scenario I have received conflicting answers from lawyers, so I want to know if you have any real judicial judgments from the RDC on this: The property was tenanted and the tenant received a court-stamped 12-month eviction notice due to the landlord wanting to sell the property. The property was sold to a new owner prior to the end of the 12-month period. The tenant claimed that the previous eviction notice was invalidated due to a change of ownership and refused to vacate. The new landlord sent a subsequent court-stamped notice, referencing the date of the previous eviction notice and instructing the tenant to leave as the landlord desires to move in himself. The tenant claims that the subsequent notice has no legal basis, neither in reinforcing the original notice nor as a new 12-month eviction notice. The original 12-month eviction period will expire on June 8 and the new landlord will raise an RDC case on June 9 to evict the tenant.