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Questions & Answers
UAE
How to get the unpaid rent from the tenant and save time if he plans to file an appeal?
Q: Hi, I am looking for the following but due to financial constraints, we are low on budget as we have to pay EMI and Mollak for a flat where the tenant is not paying. 1- File the first instance case, in this, I need someone who knows Arabic and can be there with my relative who is the owner of the flat during the first hearing. 2- The opposing party will file an appeal so we have to get the period of appeal reduced by the judge and make it mandatory for the tenant to pay 50% of the rental amount till the time of appeal for filing an appeal. This is for the eviction of a non-paying tenant.
Nov 18, 2024
96
Questions & Answers
UAE
Can accompanying my cousin for a phone delivery that led to a theft case cause legal issues at work?
Q: Dear Sir/Madam, I was with my cousin, who owns a phone shop, to deliver a phone. When we reached the location, my cousin handed the phone to the buyer for inspection. The buyer grabbed the phone and ran away. We chased him, and I caught him. I called the police and filed a case. Now, I have received a message saying, "Your case has moved to prosecution." I am working for another company as an accountant. What is the process, and will there be any legal issues for me because I accompanied my cousin?
Nov 18, 2024
71
Questions & Answers
UAE
How can an investor exit the UAE with unpaid Free Zone fines and limited funds?
Q: Dear Lawyers, I am an investor and have a fine exceeding 10k. I applied for an exit permit under the current amnesty, but it was not approved. I was advised to cancel the facility card. To do so, I need to cancel the license and pay the immigration card fine, which has been expired since September 2023. My company is a Free Zone company in Shams with three visas under the license. I am willing to return home with an exit permit. However, I don’t have enough money—only a small amount that is not sufficient to cover all the fines and visa cancellation fees. Free Zone costs are much higher than those in the mainland. Please advise on the best option I should follow to exit.
Nov 18, 2024
134
Questions & Answers
UAE
What are the procedures for an Indian Muslim man and woman to marry in the UAE?
Q: Hello, What are the procedures for an Indian Muslim man and woman to marry in the UAE, considering both are entering their second marriage? The man is a resident living in Abu Dhabi, while the woman is a resident of Fujairah but resides in Sharjah. How can they get married outside the court if the venue is potentially in Dubai or Sharjah?
+1
Nov 18, 2024
129
Questions & Answers
UAE
If the offer letter is 90-day notice period and the MOL contract is 30 days, Which one is valid?
Q: Hi, I resigned recently from my job in Abu Dhabi. In my offer letter, they mentioned 90 days notice period but in my MOL contract, I signed for 30 days notice period. So my question is can I follow my MOL contract for 30 days? Is there any legal issue that will come?
Nov 7, 2024
205
Questions & Answers
UAE
Can I withhold a security deposit until the tenant confirms lease cancellation via email?
Q: Dear Lawyers, I have served an eviction notice to my tenant, and he vacated the property 2 months before the eviction`s maturity date, as the lease had expired. I now wish to return his security deposit following his eviction, with the request that the tenant confirms that the lease agreement is canceled. However, he is unwilling to confirm this via e-mail. Can I withhold the security deposit until he confirms via e-mail that he has officially vacated the apartment and that the lease is canceled with no future obligations between the landlord and tenant? Can I ask him to return?
+3
Nov 15, 2024
70
Questions & Answers
UAE
How do I remove my late father's name from his UAE trade licenses?
Q: Dear Lawyers, My father passed away in India and was a resident of the UAE, holding a Dubai visa at the time of his death. He held two LLC trade licenses under his name, with 4 partners. All partners are the wife and sons. What is the procedure to remove my father’s name from the trade license? I have the death certificate attested by the Indian Embassy in the UAE. Please advise!
+6
Nov 13, 2024
130
Questions & Answers
UAE
What legal steps can a majority partner take if a minority partner embezzles funds?
Q: Dear Lawyers, One of the minority partners (20% share) in an FZC company has embezzled company funds and is currently outside the country. What legal actions can the majority partner (80% share) take to recover the funds? Would a cheque signed by the minority partner help expedite the process?+3
Nov 8, 2024
80
Questions & Answers
UAE
How can I make sure that the execution case settlement offered by the bank
Q: I have an ongoing cheque execution case that has been active for a year. Finally, after lengthy negotiations, the bank is willing to waive the interest and late payment fees and close the loan in a single settlement after issuing an offer letter. Should I trust them and proceed, or should I inform the court about settling the matter outside the court? I am concerned that they might refuse to withdraw the case or demand additional payments such as legal fees after I make the final payment. Please advise.
Nov 15, 2024
133
Questions & Answers
UAE
Am I obligated to settle compensation for the rent difference after evicting a tenant at their request?
Q: Dear Lawyers, I served an eviction notice to the tenant at his own request for repossession of my property. Unfortunately, due to my medical condition, I had to rent my property to a new tenant. My former tenant is claiming compensation, which I am ready to settle, but I feel his claim is unfair. He is claiming the difference between the old rental amount he was paying and the new rental amount contracted by me with the new tenant for my property, in addition to the moving expenses. I believe it is only fair to pay the difference between the old rental amount and the new rental amount the former tenant is paying for the new property he has leased with his new landlord, plus the expenses he incurred for moving into his new property. Please advise which of the above amounts I need to settle!+2
Nov 15, 2024
93
Questions & Answers
UAE
How can I maintain a travel ban on an LLC manager in a labor case despite claims of independence?
Q: Dear Lawyers, A labor case has been in the execution phase for the past eight months. I have pursued various enforcement actions, including blocking bank accounts, placing inquiries and holds on properties, and blocking the traffic file. I’ve also requested inquiries and holds on trade licenses. However, the defendant did not respond. Eventually, I requested a travel ban on the manager, which the court approved. This prompted the defendant to argue that, as an LLC, the court cannot impose a travel ban on the manager, citing independence issues and similar arguments. Now, the court has asked me to respond. Could you advise me on how to argue to keep the travel ban in effect? The manager’s personal accountability as a representative of the LLC and the prolonged non-response from the company. Evidence showing that the defendant’s non-responsiveness justifies such measures to ensure enforcement. Legal precedents or arguments demonstrating that the travel ban is a legitimate enforcement action under similar circumstances.Nov 15, 2024
129
Questions & Answers
UAE
Is my UAE marriage certificate valid without being attested?
Q: Dear Lawyers, I got married here in the UAE last year, but my marriage certificate is not attested. Is it still valid?+2
Nov 13, 2024
187
Questions & Answers
UAE
Can I sue my landlord if he cuts off DEWA and forces me to leave before my non-Ejari contract ends?
Q: Dear Lawyers, I rented a studio on a monthly basis, and my rent included all utilities and bills, with a contract that isn’t Ejari. Now, the landlord has cut off the DEWA and is asking me to vacate the unit and take the rest of my rent three months before the contract expires. Is there any legal action I can take against him?
+5
Nov 13, 2024
77
Questions & Answers
UAE
My landlord increased my rent more than RERA Index and refused my offer and deposit. What to do?
Q: Good morning, My landlord notified me 90 days before my contract’s end of a 15% rent increase, raising it from AED 55,000 to AED 63,250. However, according to the RERA index, the maximum increase should be 5%. I tried to negotiate, but they refused. On October 15, I made an offer and deposit of AED 57,250 (including the RERA-approved increase). The judge accepted it, but the landlord rejected it, claiming their other 1-bedroom units rent for AED 75,000. My contract expired on October 31, 2024. Recently, the landlord emailed saying I’m now staying illegally and will be charged AED 100 per day for not signing a new contract. Last week, I requested a new contract based on the RERA index, but they responded by refusing my offer and deposit, demanding full payment. My question: Should I be concerned, or should I let them pursue a case? Or just wait and see? Thank you for your assistance.
+2
Nov 14, 2024
146
Questions & Answers
UAE
The landlord insists on increasing the rent more than RERA Index. What can I do?
Q: Hi everyone, I’m facing an issue with my rental situation and would appreciate any advice. I purchased a company in July that’s renting a shop space, and the tenancy contract (under the company’s name) is ending on November 22. The landlord is insisting on a 40% rent increase, even though the RERA Index clearly indicates a 0% increase for this area. I’ve informed the landlord that this increase isn’t in line with RERA regulations, requested a new contract, and asked him to come by to collect the cheques—but he’s been unresponsive. To protect our position, I filed an offer and deposit with the rental dispute center, but it was automatically closed because the landlord didn’t respond. My question is: what should I do next? Filing a case for renewal will cost 5% of the rent, which is a significant amount right now. Are there any alternatives to proceed without incurring that cost, or any other steps to ensure the landlord adheres to the regulated rental terms?+4
Nov 14, 2024
352
Questions & Answers
UAE
Can a teacher legally search a lost backpack and use found items as evidence?
Q: Dear Lawyers, If a student`s backpack is found in a bathroom stall in Dubai, is it legal for a teacher to take the bag to their office and thoroughly search it without the student knowing where their bag is? Additionally, if a vape is found in the bag, are they allowed to use it as evidence, considering it was discovered in that manner? There was also no suspicion of the student, other than the bag being found in the bathroom.Nov 13, 2024
182