Questions & Answers - Legal Advice Middle East

Can the landlord notify the tenant and run checks randomly on the property?

Q: If the owner or his representative wants to visit the property, the owner will give prior notice of 48 hours (2 Days) in advance. Is this legal? While I am staying in the apartment, the owner wants to come in and randomly do checks.

What to do if you default on commercial lease and get a bounced cheque judgment?

Q: I have got a decision against me from RDC for 1.5 million. I issued the cheque but the contract is in somebody else`s name. Also, the manager is another person but I issued the cheques of my company. I want to know how RDC will start the implementation of judgment because I lost all of my business during Corona.

Inability to pay the installments of an property after its completion

Q: Hi, I purchased an apartment in 2018 which was ready or completed property. I paid the down payment, then after Corona, I was not able to pay the installments. Can I get my down payment back? Or they will take it? And if yes, will they, by the court, force me to pay the full amount of the apartment and go to jail?

تحميل العميل المتضرر المصاريف الإدارية عند فسخ عقد عقاري

س: مرحبًا، اشتريت وحدة عقارية في إمارة عجمان عبارة عن محل والمفروض الاستلام في سنة 2018 وتم التمديد حتى 2019. نسبة إنجاز المشروع حتى اليوم لا تتعدى 57%. كانت هناك مخاطبات بيني وبينهم ولم يتم التوصل لاتفاق. قمت بمراجعة دائرة التنظيم العقاري وتم الاجتماع مع المحامي والاتفاق على إرجاع وسحب المبلغ المدفوع من قبلي كاملاً من حساب الضمان بالتراضي بين الطرفين وقد وافق على ذلك محامي الشركة. الآن حين تابعت الموضوع مع المحامي، قال إنه سيحضر عقد الفسخ وسألته هل سيكون المبلغ المُستَرد كاملاً لأنه من حساب الضمان؟ قال سيتم خصم نسبة باعتبارها رسوم إدارية وهي نقطة الخلاف معهم؛ فهل يُسمَّى العقد فسخًا؟ وهل يحق لهم اقتطاع نسبة من المبلغ المسترد من حساب الضمان؟ علمًا بأنني أستحق أيضًا مبلغًا تعويضيًا يجوز أو يحق لي المطالبة به. يُرجى الإفادة وشكرًا!

Defending a labor appeal filed by an employer after winning the labor case

Q: Hi, I have won a labor partial case of DHS 8400 and after the final judgment, my employer has registered a labor appeal case against me and has put an allegation of 20K on me instead. On the first hearing, the judge told me to reply to the memorandum that the company submitted and when I visited Al Adheed center, they advised me not to reply to the memorandum as it is not needed because ultimately their appeal will be canceled as the claim value of the case is less. My hearing for final judgment is now decided for next month. I`m still scared that I may not receive my payment and instead, I may I end up paying 20K to my employer. Also, please advise what happens after I lose this appeal case. Please advise!

أنصبة ورثة امرأة واستئثار أحدهم بالموروث دون الباقين

س: سيدي المحامي، لدي مشكلة تتعلق بالورث. إذا ماتت امرأة لديها بيت و3 بنات وزوج وأب وأم و5 إخوة، فمن يرث؟ وهل يستطيع أحد الأطراف طرد البقية من البيت؟

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How to extend your stay in the UAE upon termination and cancellation of visa?

Q: In the month of April 2021, I received a 30-day termination notice. The company informs me of the visa cancellation, but there are only a few flights to India at this time. In addition, I must spend 14 days in quarantine in a hotel in my home country. When I explained the situation to them, they advised me to apply for a visit visa once my visa was canceled. Please let me know if any rules have changed as a result of the COVID-19 restriction/situation.

What are the legal requirements for marriage of expatriates in the UAE?

Q: Hi, I am a resident here in the UAE from the Philippines, but my partner is a US citizen. If he comes on a visit visa, can we get married here in the UAE?

إلغاء توكيل أُصدر في الكويت من مصر

س: عملت توكيل عام في الكويت وأنا الآن في مصر. أريد إلغاء التوكيل. ماذا أفعل؟

الإعفاء من غرامات التأخير في حالة صدور حكم قطعي بالبراءة

س: صدر ضدي حكم غيابي بغرامة وإبعاد. شرعت في عمل معارضة نظرًا إلي أنه كان سوء تفاهم بيني وبين الطرف الآخر. صدر الحكم بالبراءة. ما المقصود بالحكم القطعي بالبراءة؟ هل انتهت القضية؟ حاولت في هذه الفترة تعديل وضعي، ولكن انتهت صلاحيته نظرًا لعدم صدور الإقامة بسبب القضية. هل أُعفَى من غرامات التأخير؟ آسف على الإطالة وأرجو الإفادة!

How can I get a legal professional assistance to draft a shareholder agreement?

Q: We need to draft a shareholder agreement, who can provide me with costs?

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How to claim the profits of an investment in a company after stopping payments?

Q: I have invested in a company for lucrative profit returns in 6 months documented in Dubai courts agreement plus a contract from the company. The company contract has weekly profit for an amount of 6 months. I have 4 contracts that end each in 6 months. The 1st contract ended in June, 2nd will end in July, 3rd in Aug, and 4th in Sep 2021. I did receive weekly profits delayed by ±4 days into my account, however, since the 3rd week of April, I have stopped receiving the profit from the company and CEO in charge of the deal. I have tried to communicate with the company and the CEO but all I get is a message saying `you will receive the amount his week`. No amount received and I have a substantial backlog. Due to this improper communication and dealing, I would like to know the course I should take to recover my investments. Appreciate the advice to move forward.

What can I do if the company I invested money with denies my rights?

Q: I invested money in a trading company and the CEO has refused to pay me back with interest for 3 months now and my investment contracts end today. Please, what can I do? I can go to the police station to file a complaint. I need your legal advice, please.

Continuing the execution lawsuit after employee's death

Q: I am a Hindu widow. My husband died recently. I have a son and a daughter. There are three situations where I request assistance: A) About a year ago, my husband had registered a commercial execution lawsuit against a company that owed him money. How can I continue the execution lawsuit? B) My husband had won a civil verdict but not yet registered the related civil execution lawsuit. How can I register the civil execution lawsuit? C) A company owes some money to my husband. They had issued a statement of account and an acknowledgment of debt, but they keep on refusing to pay and keep on asking for time. How to start a payment order lawsuit "Amr Ada" on the company when they issued an acknowledgment of debt letter to my husband? I only have a marriage certificate and a death certificate. Do I need some other certificates to prove that I am the heir? How will I attach the case to my username in Dubai courts system? My son and daughter are ready to give me any documents that I need from them.

Can the dependants of a deceased person keep their visas and for how long?

Q: My friend passed away on Monday and his wife and daughter are on his sponsorship. Can the dependent visas be held for some months as the daughter is studying in the UAE?

Legal action and procedures against the employer for the non-payment of salary

Q: I am working for a company set up in Fujairah Creative City, they have a branch in Dubai. My contract is with Fujairah Creative City of AED 10,000/month, however, I got a raise a year ago to AED 15,000/month. I have the company contract showing this amount and a salary certificate from the company showing this amount. My employer has not paid me for 4 months now. Do I need to give notice to my employer? How do I recuperate these funds? Will I be able to work for another company if I have an ongoing dispute? If I am not able to work for another company due to an ongoing dispute, and the company representative does not attend the court hearings and delay the judgement, can I file for damages? And what will be the compensation amount for these damages based on? At what stage is the travel ban imposed on the shareholders/partners, as I fear they might leave the country? Will I be able to recuperate the dues owed to me if the company files for bankruptcy?