Questions & Answers - Legal Advice Middle East

How to claim the security deposit from the landlord after leaving the property?

Q: A landlord agent, after failing to live up to the terms of my monthly rentals agreement, including not making repairs, said I could vacate the property before the end of the lease if I want and he will return the deposit. After I moved out, he turn around stiff me with my deposit claiming that I broke the lease for moving out before lease expiration. What is my legal recourse?

الموقف القانوني لموظف استلم الأموال من المستثمرين عندما يطالبون بها

س: السلام عليكم، عملت زوجتي بشركة لمدة شهرين وصاحب الشركة خارج الدولة وما زال ولم يتم الإجراءات القانونية كموافقة العمل لأنها على كفالتي. وعد بالحضور للدولة ولم يأتِ فتركت زوجتي العمل معهم. خلال فترة الشهرين كانت تستلم أموال من مستثمرين مع الشركة وتحرر إيصالات استلام خاصة بالشركة. صاحب الشركة لم يُسلِّم الأرباح للمستثمرين وهم الآن يسعون خلفه ويتصلون بزوجتي ويقولون أنها استلمت أموالهم ويطالبونها بالضغط على صاحب الشركة لإرجاع أموالهم. ما موقف زوجتي القانوني هنا؟

إمكانية زواج وافدة بدون وجود وليها

س: السلام عليكم، لدي إقامة في الإمارات وأرغب في الزواج وزوجتي المستقبلية في الإمارات (زيارة) ولا يوجد أحد من عائلتها في الإمارات. علمًا بأن عمري 49 عام وعمر الزوجة 37 عام. هل يمكنا إتمام إجراءات الزواج بدون وجود ولي للزوجة؟

الطلاق في حالة تمسك الزوج بالزوجة

س: السلام عليكم، زوجتي رجعت من مصر بفيزا سياحة 3 أشهر وبلغت ضدي بلاغ كيدي وسُجنت لمدة 3 أيام ظلمًا. خرجت من السجن لعدم وجود دليل ضدي وأتوقع أن تذهب للمحكمة وتطلب الطلاق. كم الوقت ليتم الطلاق إذا تمسكت أنا بها؟

Is the daughter responsible for the bank debts of her father?

Q: Hi, My friend`s father is in debt to Dubai banks and is out of the country. My friend is also no longer in Dubai but wishes to come back. Is there any threat for her to enter Dubai to work or for visit? Will she be held accountable or liable in any way? The Dubai banks are also trying to get my friend`s hometown local number and messaging her on social media and through contacting her office asking for her personal details to question about her father`s debt. Is this legal and allowed? My friend is unsure how to get rid of the banks questioning her and wants to know what action she cant take to prevent this as it is not her debt.

Am I entitled to an annual leave payment if I resign during probation?

Q: Hi I have joined a company on 19 September 2021 and took unpaid leave (after approval) for 9 days. As per the offer letter, probation is 3 months but in the labor contract, it`s 6 months. They have been back and forth on my completion of the probation period so I don`t know if I did complete the probation or not. I resigned on 14 March 2022 and they asked me to serve a notice period which is until 31 March (if I didn`t complete my probation why did they ask me to do a notice period?). I took one day as sick leave and 1/2 day off due to an emergency. Am I entitled to an annual leave payment during settlement? If so how much? Basic: 6000, Housing: 3000, and travel: 3000.

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Issuing a legal heir certificate in the UAE to get the property of an Indian deceased mother

Q: Dear sir/madam, My mother recently passed away in Dubai on Feb 22. Now, our family is planning to travel to India to complete the pending formalities like closing the bank account which was under her name, and transferring the land which was in her name to my father. My mother was an Indian national and was a UAE resident. A little research in Google suggests that I would need a legal heir certificate and possibly a succession certificate, is that right? Please advise!

Can I return to the UAE after deportation for HIV and then cured it?

Q: I`m from Romania but I live in Germany. In January 2022 I got a job offer in Dubai and I accepted it. My sponsor sent me an employment eVisa and he told me that the immigration officer has to put a stamp on it so that we can proceed with the residence visa. After a few days, I was sent for the medical test and I found out I`m HIV positive. My sponsor had to cancel the whole process and so I got deported. They also scanned my retina. Now on my visa cancellation after the entry, it`s saying that I got a permanent ban due to the unfit medical status. I`m on medication right now and my doctor told me it may take a couple of months until I will be HIV negative. Can I return to the UAE to work again? What about as a tourist? Can I lift the ban?

Is the employer obliged to pay air ticket charges for employee who changed job?

Q: Good Morning I have one doubt with regard to payment of air ticket charges. The employee has worked for 3 years and now he has resigned and he is not leaving Dubai. But he is working for some other company in Dubai. Do we need to pay flight charges for the employee? Does any law say that?

How to claim money invested with a company without any profits yet?

Q: We have invested more than AED 100k in an investment company where they have promised high interest after a few months. Unfortunately, it’s been more than 6 months that we haven’t gotten any interest on the money we have invested. The company is saying that they need more time due to financial challenges. A lot of investors in the same company are affected. I appreciate your support and legal advice. We just want to have our hard-earned money to be returned.

Drawing up a pre-nuptial agreement in the UAE

Q: I`m looking for help on how to draw up a pre-nuptial agreement. I am a UK citizen, resident in the UAE. My wife-to-be is from Brazil. We have assets (individually owned) in several countries and a business we co-own in the UK and are setting up a further business in the UAE. Our marriage will be officiated in the USA, just to complicate things further! What country should the pre-nuptial agreement be drawn up in? Can it be done in the UK as we both will live here?

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Can the landlord request the tenant to pay the chiller in the middle of the contract?

Q: I live in Dubai Marina, and the landlord claimed that according to new Dubai Land regulations, the chiller now has to be paid by the person occupying the apartment. Even though my contract says that the landlord should pay the chiller, they want to implement this mid-contract. I understand that the terms upon renewal will be renegotiated, but on what grounds can they implement the change mid-contract? Does a new DLD regulation precede a tenancy contract? Moreover, I am receiving a disconnection notice from the chiller company due to non-payment. What can I do if this happens? Please advise.

How much can you pay as a down payment to stop the arrest warrant in execution?

Q: I have an arrest warrant issued against you for a civil execution non-payment of AED 2 million. How much can you pay as a down payment to stop the arrest warrant and get bail? To pay the balance.

What could happen to somebody for hitting a pedestrian by car in Dubai?

Q: My friend had an accident in Dubai. He was driving but was over the speeding limit. A 3-year-old girl ran out in front of him. Now she is in hospital. He can`t access his bank account either, it has been deactivated. What could happen to him?

How to claim back rental cheques and security deposit after early exit from tenancy?

Q: Salam, I have terminated my tenancy contract early on. On the 4th month, I notified the landlord through his agent that I got released from duty and need to terminate the contract. I gave 2 months` notice (via email). I received verbal confirmation that I can vacate. I received Clearance Certificate and handed the place over on time and in good condition. The only thing, I didn`t pull out the balance cheques from the landlord. 1. The landlord didn`t return the security deposit. 2. To my surprise, the landlord cashed the 3rd cheque. 3. The landlord still has the 4th cheque. Being new in the UAE, what am I supposed to do? How can I collect my money and stop the 4th cheque from being cashed out?

Tenant is not agreeing to increased rent as per the RERA guideline. What to do?

Q: I bought a villa without viewing it on 30-12-2022. It was rented at AED 75,000/year (contract expiry 23-03-2022). The previous landlord served an eviction notice (Sale) in September 2021 to the tenant for 12 months. He also sent an email 90 days before the expiry of the tenancy agreement to the tenant informing him that "the rent increase will be as per RERA guidelines and by him or the new owner if he managed to sell the villa before March 23, 2022". Last week, the tenant sent an email requesting to renew the contract and then on WhatsApp chat he agreed to a rent renewal at AED 100,000. When I sent the tenancy contract to him on WhatsApp, his lawyer sent me a legal notice: 1. Forcing me to renew the contract with AED 75,000 and not as per the RERA increase which will be almost 95,000. The current market is AED 125,000 2. Not allowing me to inspect/view the villa and if I insist, then he will take legal action against me What should I do?