Questions & Answers - Legal Advice Middle East

Rights of the tenant in case of early exit from rent

Q: Hi, I`ve rented an apartment in Dubai from 01.02.21 - 31.01.22. I`ve paid in advance as well as a deposit of 5%. Then, due to a job-related change, we agreed I can move out early on 07.10.21. I`ve handed over the apartment, but now the landlord doesn`t want to refund me the rent for the remaining 4 months or deposit paid (total value of AED 45,000). I`ve chased him since move-out. Then he reached out asking me to pay service charges that the developer has charged him (for this he sent me to account details to HIS own account with the developer - in his account are outstanding charges that go back to 2019). I told him I`ll pay the services charges pro-rata if he pays me what he owes me. As I didn`t hear back, I sent a legal notice. Now he sent me an email detailing 20 items of fees he expects me to pay (many are made up such as 5 lost keys with a cost of 500 each, and huge renovation charges, etc.). Please get back to me via email. Thanks, A. K.

How can a real estate agent claim commission from agency after resignation?

Q: I am working as an agent with a real estate agency. I am new to this industry, just got my visa processed which is why I am still looking forward to applying for RERA. I sold an apartment in an off-plan project which is exclusive with the broker I am working for. The client has paid 20 percent on which the commission should be released, but it has been 2 months I am begging for my own money. Due to all this unprofessional behavior, I resigned and still looking for some help to put pressure on them. I have my name on the SPA and the buyer is also with me. I want them to pay 2 percent which was agreed verbally, without deducting the visa cost which is mentioned on the contract. Please advise.

How to claim promised unpaid returns on investment with a cryptocurrency company?

Q: Hello Sir, Subj: First Islamic CryptoCurrency (FICS) An investment company called [------] based in RAK started receiving investments in FICS in the year 2019. In March 2019 I had invested AED 50,000 (the value of one Crypto token is USD 0.10) and they offered an initial bonus of 30% for the total investments as well. After one year of the investment, they informed me that all my total investment is shifted to [S] account. After some time, they informed me that [S] has tied up with the [----] platform and we can start very soon the trading. Unfortunately, no trading has been started yet, also I am unable to contact anyone in this company [A] or [S]. Kindly advise how can I get my money back, should I file a criminal case against it? Do you think this is a fraud? Looking forward to your kind reply. K. M.

هل توجد مدة محددة لرفع دعوى مدنية بغرض التعويض بعد صدور الحكم الجزائي؟

س: السلام عليكم، هل توجد مدة محددة لقيد دعوى مدنية للتعويض بعد صدور الحكم الجزائي في قضية سب وشتم وعدم استئنافها أم أنه يمكن رفع القضية المدنية في أي وقت؟

Resignation from a Freezone company and paying compensation

Q: Hello, I would like to seek your advice regarding my situation. I have recently resigned from a Freezone company. I have a Fujairah visa. I was able to complete my first contract of 3 years. This year, I have renewed my contract and after 6 months, I decided to resign. I`ve completed my render period of 30 days. Now, my boss is telling me that in lieu of my contract termination, I am not entitled to receive gratuity and cannot encash my unused leaves as I have to payback my visa renewal and medical fees including the cancellation. He also mentioned that I am reliable for the "early termination compensation" which means I have to pay half of three months salary and allowances. I have tried to call MOHRE but they said that Freezone is not part of their scope.

How to act when stuck in cash embezzlement case with my company?

Q: Dears Please note I am stuck in a cash embezzlement case with my company for 44k and I made a written confession about this and will return the amount. My cheque and passport are on hold with the company. One more colleague of mine is involved in this case and he confessed for 204,000. If he doesn`t pay, will that affect my agreement? Can the company retract the agreement and case against me? I made some payments to the company and I have the proof of payments. Now the company wants to audit the amount. If there`s any difference, they will ask me to sign a new contract which I don`t want to because I have not taken that amount. If the other colleague who is involved also doesn`t accept.the difference amount, what will be the scenario? Please advise

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Seeking lawyer service to help in loan settlement with a Dubai-based bank

Q: Seeking Lawyer service to help in loan settlement with a Dubai-based bank. Background: The client has defaulted on a loan availed from a bank in Dubai (UAE) and is seeking services from a lawyer in Mangalore to help him in the settlement process. Due to this, the client is unable to fly back to Dubai. As obvious, the lawyer would need to be an expert in understanding the nuances of laws that are pertaining to banking and financials in Dubai. It is assumed that the lawyer can provide all of these services (including representing the client in UAE court) from Mangalore. In any case, if travel is required to Dubai, all charges pertaining to travel will be borne by the client.

مطالبة المستأجر بالإيجار بعد إخلاء العقار

س: يطالبني المالك بإيجار عن فترة ما بعد إخلاء العقار بالرغم من أنني أبلغته بعدم الرغبة في التجديد ووافق مقابل غرامة تُستقطَع من التأمين لأنني أبلغته قبل أقل من ستين يوم من تاريخ نهاية العقد. منحني مهلة عشرة أيام لنقل الأثاث وسلمته العقار وقام بمعاينته واتفقنا على الاستقطاعات من مبلغ التأمين والتي كانت تساوي مبلغ التأمين كاملاً تقريبًا. أرسلت له براءة ذمة من المرافق وتم كل ذلك عن طريق محادثات إيميل وأبلغني أنني في انتظار شيك بباقي مبلغ التأمين، وكنت على علم أنه يعرض العقار للإيجار ولكنني فوجئت بدعوى ضدي بزعم أني لا أزال قاطنًا للعقار. يطالب بطردي وأجرة حتى تاريخ طردي.

كيفية تحصيل مستحقات لدى شركة مع عدم وجود عقد

س: السلام عليكم ورحمة الله وبركاته، لدي متعلقات مالية مع شركة ولا أستطيع تحصيلها.

Filing a case against an employee after paying the embezzlement amount?

Q: Hi, I made half payment for an embezzlement amount and the company has given me one-month time. Can they retract the agreement? Will that be valid? And can the company file a complaint against me? The amount is 44k and I made half payment.

Can I pay the penalty of bank loan default and return to Dubai?

Q: Hi everyone. I need help regarding a criminal case. I lost my job years ago in Dubai and while in the search for a new job, my passport expired in that period. I came to my country to renew it and meanwhile, after only 3 weeks of not paying the monthly installment, the bank opened a criminal case against me. I couldn’t return and all the debt collectors threatened me for months. Besides the abusive way, and the short timing of action of the bank against me, I wish to return to Dubai. I need a safe way but I am not able to pay the bank until I find a job there. Is it enough only to pay the fine to the police? What are the steps to arrive safely there? I need clear and good advice and future collaboration with a lawyer also. Thank you

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Annual gas consumption included forcefully by the real estate agent in contract

Q: My Real Estate agent has included annual gas consumption charges in the contract and forced us to pay, even though we don`t have a connection. I don`t use gas and don`t need one (Using an Electric cooker and having food delivery service from outside). Let us know whether it is legal? And what options do we have?

تقسيط مبلغ قرض بنكي صدر بشأنه حكم مدني

س: السلام عليكم ورحمة الله، صدر في شأني حكم مدني بتأدية مبلغ 155000 درهم في قضية قرض بنكي. هل يمكن طلب تقسيط المبلغ علمًا بأنه لا يتوفر لدي؟ وكم المدة القصوى المسموح بها في حالة التقسيط؟ وشكرًا!

Legal action against misusing an expired POA for a rented apartment

Q: I have come to Dubai for the rent of my apartment. I came to know that the real estate agent frauded and cheated me by using my expired POA in 2016. Now nobody is listening to me. Neither the tenant nor the real estate agent nor the builder. Where should I go now? The service charges are put on me and the rent is taken by the real estate agent. I have canceled the power of attorney but the builder is not cooperating to cancel Ejari. I am in a very difficult situation. I wish if there`s anyone in Dubai to guide or help me. I am in severe depression.

Personal insolvency procedures in case of losing job and defaulting on credit cards

Q: My service has been terminated by the company as it is stopping its operations in the UAE. I have 2 credit cards that have a due amount of nearly 130K for which I keep paying the EMI so far. Meanwhile, I don`t have any job offer in my hand. How can I manage in case I have to leave the country, or if not, in a position to pay the due immediately?

What kind of legal document is required to guarantee paying back a debt?

Q: Someone who owes me over AED 25,000 has agreed to pay back AED 5000 a month. Can we get a contract which both signs and is legal standing if he does not pay the agreed amount back on the agreed date?