Questions & Answers - Legal Advice Middle East

Canceling a one-year tenancy contract before its due date

Q: I want to do early cancellation of my tenancy contract in Sharjah. When I approached my real estate, they said that as per the rules, the contract is valid for one year so it cannot be canceled. Please advise how to approach the real estate team for cancellation.

How to resign in a limited contract without getting a ban?

Q: How to resign from a limited contract without getting a ban?

Imposing a labor ban due to terminating an unlimited contract by an employee

Q: Respected Sir/Madam, I am working in an Ajman mainland firm with an unlimited contract for 1 year. I got an offer from another employer for the same position with a higher salary. My present contract stated that I have a probation period of 3 months. My questions are: 1) Will my employer be able to impose a labour ban if I do not fulfil the notice period of 3 months? 2) If I fulfil my 3 months notice period, is there any way that my present employer can prevent me from joining a new job? Please let me know the answer to the above situation! Regards,

Submitting a new memo with a new claim in a labor case

Q: Hi, I already have a labor case number. My first hearing is already set for the 1st week of December but I want to change the memo submitted since the amount mentioned there is not the amount I want to claim. The 1st memo submitted is done by a typing center. Can I upload the new memo through any typing center? And when can I upload it?

Do the normal 8 working hours/day include lunchtime?

Q: Hello Adv. Ahmed Abbas, Please help me with the below query: Do the normal 8 working hours/day include lunchtime? When an employee is on an hourly rate, is the lunch hour payable? Kind regards,

Does the normal 8 working hours per day include lunch time?

Q: Does the normal 8 working hours/day include lunchtime? When an employee is on hour rate, is the lunch hour payable?

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Is it legal in the UAE to run a website with entry fees for players and a cash prize?

Q: Hello, Is it possible and legal in the UAE to run a website with entry fees for players and a cash prize for the winners? Or Would this be considered as some sort of gambling? This is the function of our site. When the users enter the website, they will see a list of tournaments with different entry fees from which they select a prize group and compete in the respective match or matches. The final prize for each prize group is mentioned in the beginning. And before the users enter any match, they are fully aware of the entry fee and the final prize. The final prize goes to the winning team or individual. The winning team or individual is a person/team that has taken out other participants consisting of other teams/individuals that participated in the same tournament.

How to withdraw a legal notice of eviction after serving it to the tenant?

Q: I`m a landlord, and I have already served a notice of eviction to my tenant, 02 months ago, as per the proper process, i.e. through Dubai Notary. The reason was to sell the property. However, now, after 02 months, my situation has changed, and I no longer need to sell my property. In this case, can I go back to Notary and ask them to `cancel` the already served eviction notice?

Is it possible to challenge an imprisonment judgment issued in absentia?

Q: Hi there, I used to live in Dubai till Jan 2015. However, I traveled overseas to get married but I had an accident due to which I was bedridden and now am in a wheelchair. I can`t work because of my health and also I suffer from anxiety and depression. I had a loan from a bank and the cheque was bounced for 89k and the Sharjah court gave a verdict of 6 months imprisonment in absentia. My question is: Can this imprisonment be changed to a fine?

How can a tenant avoid any disputes upon transferring the property to a new owner?

Q: Hi Jennifer, I would like to ask you to give me your experience to understand my legal situation. Now, I received a call from the landlord assistant trying to ask me to pay the last quarter cheque in cash as the owner will close his bank accounts here. Also, he wants me to allow him to come with a buyer to visit the property. The problem is I just shifted since 7 months and because we were planning to stay for a long time, we bought new furniture that cost us. Now I need to understand my situation. If the landlord changes, does he has the right to increase the rent? And what is the exact time period he should notify me to leave the apartment? Thanks in advance!

Can you claim labor dues after five years to settle a bank loan and return to the UAE?

Q: Hi Nicole, Greetings, My name is M. Because of a family crisis, I left the UAE 5 and 1/2 years ago in emergency and could not return back. I have a remaining bank loan which is around 100,000 AED. Because of the circumstances, I did not even claim my settlement money for working 15 years in the company which could be between 60K to 80k. Could you please let me know if there is any legal way that I receive my final settlement from the company I worked for and pay it to the bank as a final settlement?

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Filing a case against a deceitful immigration company

Q: Dear lawyer, Please give me information on this following matter. I signed an agreement with a Canadian immigration company called (........). According to the signed agreement on the 26th of March 2019, the company must refund me all my paid fees if they do not succeed in my immigration work in 2 years. My question is; about 3 years have passed, can I contact the police or court to take back my paid money? Or is there a validation of the period as it is since about 3 years? It is a longer period from the mentioned date on the agreement. Can I do anything by law to take back my money? Please advise what solution can be to receive a refund from the company? Please help me with advice!

Claim for refund and termination of investment contract with a company

Q: I invested a total of 35,000 Dhs in a company last July which promised to return my money in double amount after 3 months. October came but the company did not give me back my money + the promised gain. Instead, I was asked to reset my investment and wait again for another 6 months. Their reason is that the mother company closed so they had to rename the company and start all over again. They let me sign a contract but did not want to give me a copy. Is it necessary for me to get a copy of the contract? How can I compel them to give me a copy? Is the contract already legally binding once I signed but not signed by them? Is it possible for me to withdraw my investment now because I do not want to wait for another 6 months?

What to do against husband's verbal and mental abuse?

Q: Hello, Can you please help me with some questions? I am a non-Emirati woman married to Emirati. I have two kids. I want to know what can I do against verbal and mental abuse?

Termination of an off-plan property SPA and getting a refund

Q: Hello, My father had purchased an off-plan hotel room (rental-pool) in Dubai. He paid the deposit and all fees and has been paying all installments on schedule towards the developer`s escrow account. However, the project`s ACD was on June 19, with the six-month extension, Dec `19. He stopped paying the installments after the extension period (paid around %65) on the grounds that the project is yet not running and not generating him any revenue. According to the DLD, the project reached 100% completion on October 20. He asked the developer to cancel the SPA after the extension period, but they kept stalling and saying it is not possible. Moreover, they provided us with different dates for the ADC. The SPA says June 19 while the Property Reservation Agreement says Dec 19. Due to financial constraints, he cannot continue with further payments. What is the possibility to cancel the SPA through the DLD or Real Estate Courts in Dubai?

A new landlord wants to evacuate the villa for personal use. What to do?

Q: I am buying a villa in Dubai. It was rented by the previous landlord until 31 May 2022. He served 12 months` notice on 17 October 2021. I am willing to ask for eviction from the tenant as per article 25 (personal use) at the end of the current contract (vs. the 12 months notice). Can I do it? What would be the process? Thanks!