Questions & Answers - Legal Advice Middle East

Evicting the defaulting tenant immediately if it is mentioned in the contract

Q: Dear All, I have the following question. I am the landlord of an apartment in Dubai. It was rented out by me to a touristic company which now owes me 6 months rent payment. In the contract which we have signed we have the following clause: "In case of any cheque returned unpaid without any valid reason from the tenant, and the tenant fails to settle the cheque value within 20 working days, then the tenant shall be entitled to a delayed penalty equal to 2% of the cheque value added to the due amount and if it is not settled after 7 working days from the date of penalty applied on the due cheque, then the owner has the right to terminate the contract and take immediate possession of the apartment." So, does it mean that I can write an email to him and say that I am terminating the contract and taking possession of the apartment? Or do I still need to send some eviction notice?

How to request settlement before the conclusion of court proceedings

Q: Is there a method for a litigant to make a settlement offer during the middle of litigation? I have a lawsuit that has entered into appeal stage. The opponent informed me that he wishes to make a settlement offer. Can this be done via the court or is it out of court settlement? If via the court, please guide me on the procedure to show the court the settlement offer and get it approved and made into an Executive Writ.

What are the rights of an employee after resignation?

Q: Hi Mr Khaled, In case the company don`t want to pay end of service due to disciplinary action, can I claim my other benefits like leave salary, housing salary & ticket amount wherein the law only talks about the end of service i.e. Gratuity? Please advise (JAFZA Labor Law).

How to cancel an off-plan property contract and recover the amount paid?

Q: I have paid about 15% of installments to an off-plan project. However, due to Covid-19, I am unable to keep up with repayments at the time being. I am also concerned that it has been almost 2 years since I signed the contract and no work has started on the project, it seems no progress. The handover was scheduled to be in 2021 but now delayed to 2022. How could I cancel without losing my 15% paid? And if I continue to pay, but I am not happy with being delayed and never starting work, what should be done?

Can an ex-employer take any legal action against an employee for joining a competitor?

Q: Can an ex-employer take any legal action against you for joining a competitor? The work geographies are different in both organizations.

Right of the employer to give the employee unpaid leave without his consent

Q: Hi, Due to the pandemic, the travel industry is affected terribly. Is the company required to pay for the months that the staff was on unpaid leave if the temporary annex is not signed?

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The flat and contingency fees of a recovery case

Q: Our company is based in Greece. We have a dispute with a company based in Dubai. We had a co-operation with the Dubai company and thus we have instructed our clients to send the money to their account. The amount that we demand is around 110.000 Euros. You are kindly requested to give us information about: 1) The flat fees. 2) Contingency fee percentages for this case.

How to get the settlement after the issuance of the final judgment?

Q: Dear Sir/Ma`am, I have a labor case and the final judgment was declared in my favor. The settlement is not done yet. I opened an execution file through the typing center. As per the ministry, I had canceled my visa and work permit after getting the judgment. I need your advice as I don`t know the further procedures and how long I have to wait to get the settlement. I`m in a grace period now and it will expire next week. From the typing center, they asked me to call the Tableegh center to get the notification. I don`t know what procedures are going on. How long I have to wait to get the settlement? I know that overstaying will be fined. Do I need to exit or renew my visa? I`m jobless now. Why they are telling me to call Tableegh center? Why it is getting delayed if the judgment is already declared? The company is still opened. They can pay for my settlement. To whom I approach to help me to get the settlement asap? I hope you will reply to me with the right information to help me out with this issue. Thank you! Hopefully

Entering the country again after leaving with a ban

Q: Good Afternoon Madam, This is N. from Pakistan. On the 8th of November 2019, I left Dubai and I have a ban for 1 year. At the time of leaving at the airport, I paid all my fines. Can I come back to Dubai? How can I check it? Thank you, waiting for your reply.

Refund of overstay penalties due to immigration delay to renew visa

Q: Can we refund the penalties imposed due to delay in renewal of visa in Dubai Immigration?

Is there any way to get a temporary entry permit to the UAE after being deported?

Q: Hello Madam, I am from Kerala, India. I had been deported from the UAE in 2005 because I absconded from my employer and worked outside. Is there any way to get an entry permit to the UAE? I am working with an oil company that has its office in Dubai and they are supposed to send me to the UAE for some training. In 2018, the company sent me there and I was sent back immediately from the airport. Please help me with some solution.

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A company established abroad wants to launch a website to address UAE users

Q: Hello, My company, already established in the Nederlands, wants to launch a website addressed to UAE users. Our service puts companies in contact with possible clients. The companies will pay us on our website. Can we just launch the website or we need a special license? Thanks in advance!

The legality of Muslim person's consumption of alcohol in the UAE

Q: Hello, I`m a Muslim girl, 13 years old. My parents call themselves Muslim but they never pray or do stuff like that. They also drink alcohol. I read that people can`t purchase alcohol in the UAE without a license, then how does my father get it? He and my mom are Muslims but they don`t follow Allah`s commands. I really want them to stop drinking.

تأخير تسليم البضائع وإقامة دعوى ضد البائع

س: السلام عليكم، لدي مشكلة مع شركة في جبل علي. اشتريت منهم قطع غيار أونلاين وكان ينبغي التوصيل لدبي في خلال 3 أيام حسب الإفادة في الموقع وبناءً عليه تم الدفع أونلاين. تم تأخير التوريد إلى شهر، فألغيت عملية الشراء بإرسال إيميل وكذلك عمل شكوى في حماية المستهلك. بعد أسبوع من فحص الشكوى، أفادني المسؤول أن أتوجه للمحكمة لعدم الاختصاص. ذهبت إلى الشرطة فأفادوني بأنه خارج اختصاصهم وأن الموضوع مع حماية المستهلك! الآن مر على عملية الشراء شهرين كاملين ولا أدري كيف أتعامل وأي جهة يمكن أن تساعدني في استرجاع حقي! هل إذا رفعت قضية وكان الحكم لصالحي يتحمل البائع أتعاب المحامي ورسوم القضية أم لا؟ مبلغ الشراء (11500) درهم. شكرًا وأرجو الإفادة!

The expected procedures in case of cheque bounce of high value

Q: I have a cheque bounce cash of AED 500000. Please help me, what to do?

Right of the husband to sue the wife for defamation and seek visitation

Q: Greetings, I appreciate the information. A spouse opens a case for divorce based on false accusations and lies which result in ruining the partner’s reputation, causing mental stress and financial damage. Since the divorce was denied by the appeal court, can the affected partner open a case of defamation or disobedience? The spouse refuses to live with her husband for more than 16 months and holding the kids from seeing or speaking to father and holding the kids` passports. The husband has tried hiring three different lawyers to help his cause but made it more complicated and financially very difficult. Please advise