Questions & Answers - Legal Advice Middle East

What can I do against a neighbor who keeps scratching my can in parking?

Q: My neighbor in my building, who has parking allocated next to my car, always uses rough handling and put scratches on my car from the door. I have asked him many times to be careful opening the door, but he doesn`t stop, what can I do?

Getting a travel ban lifted after a settlement with a bank?

Q: Dear sir/madam, I have just made a settlement with the bank, paid a down payment, and signed the papers of an agreement to pay the rest in installments. My question is now how long should it take to get the travel ban lifted? Is there any way to speed it up? My second concern is that the bank has told me that I do not need a clearance letter to travel once the case has been dropped. Is that right? It is not registered by the Dubai police. I`m just worried I will be stopped at immigration again but I’ve been told once the case is gone, it will not be an issue.

Is the tenant obliged to pay paint cost and penalty for early exit from rent?

Q: I have been asked to pay AED 1000 for paint while early exiting the flat. The flat is very neat and is like 5% painting needed which is almost in every case it would be. I stay in Abu Dhabi. Also, I paid Approx AED 10,000 as a penalty for 2 months. I completed 4 months out of 6 months contract. I am not sure what to do in this case. Am I liable to pay for the paint at least? I can`t find anything on the contract. The refundable deposit fee is AED 2500. I saw on Tawtheeq, that there is nothing mentioned about bearing costs of painting or even a penalty for exiting early.

إمكانية الاستئناف إذا كان مبلغ المطالبة 50 ألف درهم

س: السلام عليكم، تم استئناف قضية وتقرر تعيين خبير مصرفي من طرف المحكمة والخبير أعطى تقريرًا بخطأ البنك وعليه رد المبلغ للمدعي، ولكن المحكمة لم تحكم لصالحي ولم تأخذ بتقرير الخبير المُعيّن من طرف المحكمة نفسها. السؤال كالآتي: 1- ماذا لو كان مبلغ المطالبة 50 ألف درهم بالضبط؟ 2- أيضًا ماذا لو كان مبلغ المطالبة 50 ألف درهم (وكان في دعوى المطالبة بفائدة)؟ 3- هل ستقبل المحكمة بفائدة وتعتبرها أكثر من 50 ألف؟

What is the right procedure to deduct an amount stolen by the employee from company?

Q: One of our staff stole money from the company. The staff has confessed to the stealing on a letter - signed with a fingerprint. The staff has agreed to deductions in order to cover up the funds taken. Can we do this? Will there be any issue w.r.t. WPS?

The employer refuses to implement the settlement. What to do?

Q: Hi, I had an issue with an employer so I had complained to MOHRE and we came to an agreement of settlement with MOHRE presence. Now the employer is refusing to implement the settlement and I reactivated the complaint. As per MOHRE, they say that there was no such agreement but I have a recording of the conversation as proof. Can I submit this as proof to the court? Kindly advise!

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Does a husband still have to pay an alimony if the ex-wife moves out of the UAE?

Q: Dear sir/madam, My ex-wife will relocate to another country and take our child with her. The agreement we signed in Dubai is obligating me to pay alimony. Do I still have to pay if she moves out of the UAE? The cost of living is very different in her new place. Can the Dubai agreement be enforced outside the UAE? Also in the UAE, the child becomes an adult at the age of 21, but in the new country, it is 18. Which one will apply? Thanks!

Does the law decriminalizing cohabitation apply also to Muslims?

Q: Does the new law decriminalizing cohabitation apply equally to Muslim or Emirati couples as to non-Muslim couples?

Can a shareholder bind a civil company in Dubai if he is not the manager or director?

Q: Can a shareholder bind a civil company in Dubai? Their professional license refers to the shareholders as partners.

How to remove an absconding case filed by my company that closed without notifying us?

Q: I was working with a company and it was closed without giving us any notice or document. I’m still under their visa and it’s gonna expire next month. So I contacted the ministry of labor to ask for their help and get the cancellation paper because the company closed and all the contact numbers not working. Then the labor sent me a cancellation paper asking me to take it to immigration and get the cancellation. When I went to the immigration, they said I have an absconding case. But I’m still on the company visa and they are the one closed everything without informing us. What can I do to this case and how to remove absconding from my side because I didn’t do anything wrong?

How to evict a tenant and recover the cost of overstay?

Q: Hi, Our tenant has been violating the terms of the contract right from the beginning by: a) Not transferring one utility connection under his name causing us to continue incurring charges, b) Keeping a pet which is against community rules. We have repeatedly received complaints from neighbors and building management regarding the disturbance caused by his pet. We have issued the tenant numerous warnings but all in vain. At the end of one year contract, we negotiated and the tenant agreed to vacate after 3 months (signed 3 months contract). Now after the end of 3 months tenure, he is not vacating and we are not willing to renew the contract considering the distress he has caused us and the neighbors by going against the terms of the contract. What is the legal recourse to evict him? We understand that the first step is to send 30 days` legal notice but what beyond that? Also, how to recover the cost of over-stay as the deposit would not be sufficient to even cover the utility expenses? We are not based in Dubai.

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How to remove a partner's name from the trade license in Dubai?

Q: Dear Madam, How to remove a partner`s name from the trade license in Dubai? Can you explain the procedures? We are 4 equal partners. I hold the POA. Is it possible for me to remove the partners` names from the license? Who all are required during the process, please explain. Thanks in advance. Regards, Shabbirali Kamal

Can I terminate the tenancy contract after finding damages in the villa?

Q: Dear Rajasree, I have an inquiry regarding my current new rent contract situation. I have a signed rental contract for a villa, with a move date of 1st of July. Upon inspecting the empty villa after the previous tenants vacated, we`ve informed the landlord of the broken door and window handles (which is a security hazard), many fixes of broken tiles, ceiling cracks, and paintwork to fix water-damaged spots. We have not received any response from the landlord, which would constitute a breach in the contract of clause 3 & clause 20 of the contract addendum. In the case of breaching contract terms before the move-in date stated on the contract (first of July) for the above-mentioned issues that include safety and security hazards, I would not be comfortable moving in with my family in such conditions. What would be my rights to cancel this contract? Would there be a penalty on the landlord for not honoring the contract terms? Thank you.

Can a notice of rent increase be sent by email or it needs to be through a notary public?

Q: Hi, In relation to the lease renewal - as a landlord - I had sent a notice for the increase of rent by email (noted in the contract) which is consistent with the RERA prescribed increase, clearly referencing the renewal clauses in the contract (ahead of 90 days). That email serves as a notice specifying the lease amount in the event of renewal - the subject property is in Dubai. My understanding is that email communication is valid and takes away the need for a notarized notice. Appreciate your view, please. Thank you!

Can the real estate agent refuse to sell the property except through a bank loan?

Q: Hello, I paid a deposit for a completed apartment presented by an agent. After I paid the deposit, the agent told me that it must be paid only with a bank loan. Somehow, I was forced to take a loan. But in this reservation form, there is nothing about how it will be paid. I refused and asked for a return, the agent tells me that it is not possible. I sent an email to the company and I filled out a form request for a refund. Since then, I am waiting. I need help.

Canceling a tenancy contract because the villa is not in a good condition

Q: Dear sir/madam, I have an inquiry regarding my current new rent contract situation. I have a signed rental contract for a villa, with a move date of 1st of July. Upon inspecting the empty villa after prior tenants have vacated, we`ve informed the landlord of broken door and window handles which is a security hazard, and many fixes of broken tiles, ceiling cracks, and paintwork to fix water-damaged spots. We have not received any response from the landlord, which would constitute a breach in the contract of clause 3 & clause 20 of the contract addendum. In the case of breaching contract terms before the move-in date started on the contract (first of July) for the above-mentioned issues that include safety and security hazards, I would not be comfortable to move in with my family in such conditions. What would be my rights to cancel this contract? Would there be a penalty on the landlord for not honoring the contract terms? Thank you in advance!