Questions & Answers

Q: The 2-year tenancy contract for our rented office in Dubai is coming to an end on 30.01.2023. On 24.3.22 we received a notice of non-renewal from our landlord at the time. On 28.03.22, however, the property was sold. We never received any communication or termination from the new landlord. If there is no communication with our new landlord, will our tenancy contract be automatically renewed (1 or 2 years) as per Article 25(2) of the Tenancy Law?

How to inform an offender about a case filed against him?

Q: Dear sir/madam, What is the legal acceptable process to let the offender know that a case is being filed against him/her when I don`t have her name or contact but knows where he/she lives including the apartment number?

Our trading company provided material to another company and got a bounced cheque

Q: Hello, We are a trading company. 8 months ago, we delivered material to a customer and took a security cheque with the date 09-June-2022. The day passed and the customer did not make our payment, we deposited the cheque in the bank after the due date and it bounced. Please let us know the legal way to claim the amount which is more than AED 200,000. There is a stamp also for the security cheque on the back side of the cheque.

What to do if an employer is not giving the passports to the employees?

Q: Dear sir/madam, What can I do if my employer is not giving me my passport? I submitted my resignation and gave the 1 month`s notice without salary. My employer is asking for 1000 AED for my cancellation to give my passport. I paid 1000 AED, but the employer did not give me my passport. He has given only the cancellation papers. What will I do?

The possibility to prove that a civil company is a commercial company

Q: Dear sir/madam, There is a civil company with a professional license that owes me 925,000 AED as per an existing execution lawsuit. The company has not paid me in the last 5 years despite one of the partners/managers being detained for one month. I met the partner/manager of the company and he said he will start a lawsuit to declare that his civil company is a commercial LLC. Then he will only have to pay 50,000 AED (declared capital of his company as per his MOU of the civil company). He showed me a precedent lawsuit wherein the cassation court stated that they are responsible to judge if a company is civil or commercial, irrespective of the license. Question 1: Have many companies with civil licenses been deemed to be commercial companies recently? Is it easy to prove that a civil company is a commercial company? Question 2: What type of evidence has the partner/manager to produce to prove that his company was a commercial company even though it has a 25-year-old civil license?

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The landlord refuses to wait for days beyond rental cheque due date. What to do?

Q: Dear sir/madam, My rental cheque is due tomorrow and unfortunately, I’m not able to honor it. I asked my landlord to wait a couple of days but he doesn’t want to wait and said that he is going to cash the cheque tomorrow. Of course, the cheque will bounce, what would be the procedure then? Do I have a certain amount of days before eviction to pay the rent?

The right to stay in an apartment when the new landlord wants to rent it

Q: Hello everyone, I have been given a 12 months eviction notice through notary public by my landlord in March 2022, in Dubai, stating selling the property as a reason. If the new landlord has no intention to move in or refurbish the property and wants to continue renting the property, am I as an existing tenant given the first right to continue residing in the property? Is the new landlord allowed to hike up the rent as per market conditions? Or does the RERA rental index calculator still applies in this case? Thanks in advance!

هل يصدر الحكم في دعوى التنفيذ تلقائيًا أم تكون جلسات وحضور وإجراءات أخرى؟

س: السلام عليكم، لدي قضية عمالية صدر الحكم فيها وكان الحكم حضوريًا. انتهت مدة الاستئناف 30 من تاريخ الحكم وطلبنا صيغة تنفيذية واستخرجناها. تم قيد دعوى تنفيذ. هل يصدر الحكم فيها بشكل تلقائي أم تكون جلسات وحضور وإجراءات أخرى؟

مستحقات العامل لدى فسخ صاحب العمل العقد بدون إنذار

س: السلام عليكم، لو سمحت موجود بند في عقد العمل ينص على العمل ٦ أشهر تحت التجربة. اشتغلت شهر ونصف وتم فصلي بدون إنذار، وفي بنود العقد مَن يفسخ العقد لازم ينذر قبلها بشهر. هل يحق لي بدل إنذار شهر أو ١٤ يومًا؟ وسؤال آخر: أنا دوامي ٨ ساعات وخلال هذه المدة كنت أعمل ١٠ ساعات. إذا أردت أن أحسب العمل الإضافي. راتب الساعة +25%. صحيح هذا الكلام؟ وشكرًا!

Staying in a property when the landlord does not commit to the eviction notice

Q: Dear sir/madam, I am a tenant. I renewed my tenancy contract on Sept 30, 2021. Then on December 30, 2021, I received an eviction notice from the landlord asking me to vacate at the end of my tenancy contract on Sept 30, 2022. But following the "minimum" 12-month eviction notice rule (Article 25 / par.2 of Tenancy Law), do I still have the right to stay till December 30, 2022?

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How can I reach a settlement with my debtor to pay the installments?

Q: I have a judgment against me in Dubai Courts and I don`t have the money to pay. I shall pay it in 5 or 6 installments. How to request this in court? And whom and when should I approach for the same? I already tried with my creditor and he refused. He is proceeding with the execution formalities to block my bank accounts and RTA files. If the bank accounts are blocked I shall be stuck with all my operation so that my receivables also will be uncollectible.

Can the employee resign without serving the notice period to take a better offer?

Q: Can I file a resignation without prior notice because I got an offer letter and a better opportunity from a different company? If so, what are the consequences?

Who is responsible for paying the fees of the broker when purchasing a property in Dubai?

Q: Who pays the broker`s fee during a flat or apartment purchase in Dubai? Is it the seller/developer or the buyer and what is the percentage amount or fees stipulated as per the law?

Can I hold my passport to cancel visa after termination until I get all my dues?

Q: I was immediately terminated without a notice period in a company registered in DAFZA. They paid EOSB but not my salary and is asking for my passport to cancel my visa. Can I withhold the submission of my passport until my salary is paid?

Paying the 45-days compensation to the employer in case of resignation

Q: Hello, I am currently working on a limited contract but I have finished the six months probation period. Now, I would like to resign from the company. As per the law, I need to pay 45 days` salary. My question is if I complete the six months probation period and give resignation, will I get a ban? And for the 45 days salary, is it accounted for based on the basic salary only or the full salary.

How to know if someone is restricted from coming back to the UAE?

Eviction from the office by the new landlord based on the old landlord's notice