Questions & Answers - Legal Advice Middle East

Notice period for non-renewal of Tenancy contract

Q: I am staying in the apartment since 2 years. My tenancy contract expires on 15th of June. I informed the landlord via email 1 month in advance, that I don`t wish to continue the contract and will leave the flat. The landlord is now saying that we should have informed him 60 days in advance and is demanding for an extra 30 days rent. Is this a valid claim? Do I need to pay extra post my tenancy contract getting over? Kindly advise.

Can I refund the advance paid to the seller of a car if I withdraw my offer?

Q: I paid an advance to a seller for a used car. I was supposed to pay the rest of the money and get the car registered the next day. Due to unforeseen circumstances, I couldn`t complete the deal and called it off within 24 hours. I requested for a refund of my advance amount, but the seller says he will not do that. I also found out later that he has not told the complete truth about how he got the ownership of the car. This also partially influenced by the decision to call off of the deal. We have not signed any contract saying that my advance money will not be refunded. I want to know whether I am legally entitled to the refund of my advance?

What to do if your former employer owes you money

Q: Assalamu alaikum, My name is Mohammed Yaseen. My concern is that my previous employer was supposed to pay me AED 3700 of my salary which is pending for one year, and I have been asking him for 6 months. Actually, he was supposed to pay me AED 11700 after the cancellation of my contract, after cancellation he paid me AED 8000 but AED 3700 is still pending. I couldn`t do anything before the cancellation because I had to move to another company as the other company will not wait for me. So, on a mutual understanding, I cancelled the contract. He also committed as documented in my official email address that he will pay me all amount, but now he isn`t receiving my calls. I have the email, WhatsApp messages...etc as a proof. What can I do now to get my money back? Please suggest. I lost my patience, since 6 months I have been asking him. Please help. Appreciate any help provided. Regards, Mohammed Yaseen Ahmed

Punishment for unpaid bank loan

Q: I have a case in court awaiting judgement for a bank loan case of 35`000dh. What will be the punishment I am going to face?

Harassment by a landlord

Q: I have a friend who is harassed by her landlord. She vacated the flat even though she has 3 more months in the contract. This landlord is harassing her and doesn`t want to give the clearance to her and asking additional payment which is out of the contract. This landlord is threatening her to file a complaint to the police. What can she do to this matter? Thank you very much.

Can I check UAE travel ban online?

Q: Is there any App or Website where we can check travel ban?

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Cancelation of contractual agreement

Q: Dear Sir, Myself Kumar; We took one project on low-cost basis based on the client`s representative`s verbal inquiry. The contract also signed, we took 50% advance for that job also, after working in that project we found that we can not continue that job if we to do so we have to face a huge loss. Shall we claim additional variation? If they refuse to pay additional variation, shall we cancel the contract? (we are willing to pay the entire amount including advance) Kindly advise the legal consequences on above points as per UAE law.

How to check travel ban by passport number

Q: Hi, How can we know if passport number [--------] has a ban? Thanks!

Is employment offer (LOI) a legally binding document?

Q: I`m a German national who got an offer for a job in JAFZ, which I subsequently accepted by signing an "Employment LOI" starting 09.04.17. On 10.05.17 the LOI was revoked because my work permit got rejected by the DNRD. The reason for rejection was not given and I was told by company`s PRO that I`m not allowed in Dubai. I have never been in Dubai before the rejection. I contacted JAFZA and found out that the PRO made mistakes in submitting the application. A company letter was requested and was never provided. The PRO convinced the company that my father`s religion "Shiite" and my birthplace "Lebanon" is the problem. I was then told by the PRO that I`m not allowed to enter Dubai. I was able to enter on 15.05.17 without any problems. 1. Is the LOI legally binding? It does not state any conditions concerning the visa. 2. Can I sue the company under the anti-discrimination law and demand compensation? 3. Can I find out why DNRD rejected the application as the company is refusing to ask for clarification?

Gratuity calculation in case of work for different branches of the same company

Q: In regards to the UAE Labor Law and the application of End of Service Gratuity, if an individual was employed by another branch of a company before transferring to an FZE branch UAE based employment contract, would that be considered continuous employment? For example, the initial employment was in another Middle East location(s) within a European registered branch; however, all administration (HR / Management oversight) was conducted by FZE entity, after which, in acceptance of promotion, a relocation to the UAE and an FZE contract was entered.

Breach of contractual agreement

Q: A question of breach of contract; I signed a contract for my cars to be sold. They sold the cars, refuse to pay me my money. Taking it to UAE Arbitration court. What are my chances and will this drag on beyond the arbitration?

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Criminal record clearance

Q: Dear Sir, I had issued a rental cheque to the landlord while I was a partner in the company, but when I left the company I forgot to collect the cheque back and eventually the new partner did not honor the payment, which later on ended up by landlord filling case and I was apprehended at the airport in Dubai on my visit. The amount was 14,000AED which I ended up paying at the court to close the case and get back home. Now I want a Police Clearance Certificate from Dubai for my Canadian Immigration, will that case be reflected in the PCC or have an effect on the issuance of PCC? Thanks

Paper-mill degree

Q: I was silly and obtained a paper-mill degree about 10 years ago in Dubai. I have never used it or professed of having one. Since October I have been receiving calls from the Ministry of Education saying I need my files attested. I have paid numerous amounts of money into the US, who so called run the degree programme. They are now requesting more money for more documents to be attested. I have asked for a meeting and official letters, but they only call and shout. The calls numbers are from the Education Department and Foreign Affairs, but again, I have asked for ID and for meetings and they do not tell me. They keep saying they will arrest me and put me in Jail but I have never used the paperwork for any visa of CV or company. I am really scared at the moment and do not know what to do or if it is all fake.

KYC: Why banks ask for your local sponsor documents to open a business account?

Q: Hi, I own a business in Abu Dhabi (a sole establishment) where I am the 100% shareholder as per trade license. The name of the Local Service Agent also appears on the Trade License as a Sponsor. The Local Service Agent is not an Owner, Partner or Manager. While opening a business account, the bank asked me for the passport copy and Emirates ID of the Local Service Agent, is that mandatory? As the Local Service Agent is not an owner nor a partner or a manager, why the bank cannot open a business account with just my personal details? A notarized Local Service Agent agreement was provided to the bank but they still insist on getting his passport and Emirates ID copies.

Freedom of practicing religion

Q: Hello, I`m a 23 years old college student, Jordanian living in the UAE. I want to know whether it is legally permitted for a father to ban his daughter from going to her university because she decided to take off her hijab/head scarf. Thank you

Help in reviewing Terms of Use for the mobile app

Q: Hi there, I would like to seek help from a lawyer with expertise in data protection, privacy policy and reviewing terms of use for an app which gathers lifestyle/activity data about users (e.g. no. of daily steps etc) to see if our practices are compliant with requirements in the UAE. Thanks