Questions & Answers - Legal Advice Middle East

Do I need my ex-husband’s permission to travel abroad with our child?

Q: Dear Lawyers, I’m a divorced mother with custody of my 4-year-old son from Dubai Courts. My colleague recently traveled to Turkey, and she was asked to provide an NOC from the child`s father. Do I need an NOC from my son’s father to travel? I don’t have a travel ban. I traveled with him once two years ago without any NOC and didn’t face any issues. Would I face any problems if I travel? My son’s father isn’t involved in his life and doesn’t really care. Do divorced parents ever get stopped at airports if they don’t have a travel ban?

Can an LLC partner sell their shares to a third party without other partners' consent?

Q: Dear Lawyers, Can a partner in an LLC company (Dubai Mainland) sell their shares to a third party without the consent of the other partners? If one partner wants to exit the company and the other shareholders are neither responding to this request nor giving permission, what is the way forward? We have sent an email to the other shareholders notifying them of the intention to sell the shares, but there has been no response. Please advise. Please advise!

Will my outstanding loan affect my ability to get a work visa if I return on a visit visa?

Q: Dear Lawyers, I have a bank loan, and I left Dubai in 2018. Now my company is asking me to come on a visit visa, and then they will change my visit visa into a work visa. However I am scared that my outstanding loan will affect my visa application, and I will not be able to change my visa. Please answer!

Should I visit the Evacuation Department in person to complete the eviction and get my keys?

Q: Dear Lawyers, I opened an execution case against my tenant who was not vacating the apartment and was not paying the rent. After the execution date, I received a report from the police that the apartment is being evacuated. However, when I created a "Request to follow up execution proceeding" e-request to complete the process and get the keys, my request was rejected with the message "على مقدم الطلب مراجعة قسم الاخلاء," which translates to "The applicant must refer to the Evacuation Department." So, do I need to personally visit the Evacuation Department? I am outside the UAE but can come to the UAE to get the keys. Or, do I need to create an e-request in a different category?

Can I sue my landlord for cutting off utilities during the pandemic?

Q: Hello, During the pandemic, I was unemployed and living in a one-bedroom apartment with my wife, who was also unemployed, and my five-year-old daughter. Since we were not working for roughly two years, from the beginning of 2020 until the start of 2022, I was unable to pay rent. The landlord`s office could not evict me as all such procedures were on hold by RDC, so they resorted to disconnecting electricity and water since the DEWA account was under their name. This resulted in my family and me living in the house without electricity or water from March 2021 until February 2022, which was the eviction date. Due to these harsh living conditions, my young family and I suffered immense moral and financial losses. During this period, I made several attempts in person and by email to restore the DEWA service upon payment of a partial amount, but to no avail. I want to know if I have legal grounds to sue the landlord for this action and demand compensation.

Can I charge my friend with breach of trust for not sending money from my property sale?

Q: Hello, I gave an online POA to my friend, who has a UAE residence visa, to sell my property. I gave another online POA to his brother to receive money on my behalf. I do not have a residence visa. They did not provide me with a copy of the POAs. He sold my property in JLT, and his brother received the money, but they did not send the money to me. Can I now open a case against them with the charge of "breach of trust" or any other charge that suits this case? Thanks a lot!

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How to stop the managing agent from banking the rental cheque after vacating the property?

Q: Dear Lawyers, My family member has a case against his landlord and managing agent at RERA, which has been set for a hearing next month. He has vacated the property and given notice of cancellation, but the managing agents are ignoring him and refuse to provide the landlord`s contact details. In the meantime, the managing agents indicated they will still bank the next rental cheque of AED 100k (for six months` rent). Is there anything that can be done to stop this? My brother isn`t in a position to pay this money as he had to find other accommodation, but he doesn`t want to face any legal issues if the cheque bounces.

How do we handle an inherited land sale when one sibling refuses?

Q: Hi, I would like to ask about the division of land. We are 8 siblings, and 7 of us agreed to sell the property, but our oldest brother disagrees. Could you help me settle this and explain the right way or law?

Is a bounced cheque case due to a security cheque invalid?

Q: Dear Lawyers, Can the drawer challenge the cheque execution civil case before a judge if it was based on security cheques in the UAE? Is a bounced cheque case due to a security cheque invalid?

Is a rent increase valid if the notification comes from an unlisted email address?

Q: Dear Lawyers, If the landlord`s property management company has sent a rent increase notification from an email address that does not match the one listed in the contract for the landlord, will this notification be considered valid for a rent increase?

How to resolve a dispute over a UAE document attestation suspected to be fake?

Q: Dear Lawyers, So, my brother is joining a new company, and they asked him to get the documents attested. He got the documents attested by an agency in Pakistan, but when he submitted them to UAE MOFA, they said the UAE stamp was fake. However, we called the UAE consulate in Pakistan, and they confirmed that the document did come to them, they have attested it, and have the details in their system. The UAE MOFA told him he will have a hearing in three working days. Is it just a suspicion that`s why they said it will go for lab testing, as the UAE consulate confirmed the stamp is from them via phone? What should we do?

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How can I evict non-paying tenants after their cheque bounced?

Q: Dear Lawyers, I rented my apartment to a tenant. Before they moved in, they mentioned having a money issue and agreed to pay one month`s rent first. They said they would pay the deposit and the next month`s rent the following month. They also agreed to sign one open cheque for the deposit and one cheque for each month’s rent. In the one month they stayed, I received three notifications from the management team regarding violations of building rules, such as putting decorations on the door. At the end of the month, the cheque bounced due to signature issues, which implies that all the cheques cannot be deposited. I have tried to contact them, but they do not respond. I realize this could become a serious problem. What can I do now to reduce my loss and evict them? Thank you!

Can I enforce a Dubai court order for a bounced cheque in Ethiopia?

Q: Hi, I hold an execution file from Dubai Court for a bounced cheque. The debtor (defendant) fled the country to his home country, Ethiopia. What are some scenarios that can help with my case? For instance, is this execution order enforceable in Ethiopia? I’m unsure if the UAE has a judicial treaty with Ethiopia. Can someone advise, please? Regards,

What can I do if my company is pressuring me to sign an unfair new contract?

Q: Dear Lawyers, I joined a company in Dubai. According to the contract agreement given to me by the company, if I leave before the fixed contract period, I have to give two months` notice and pay a sum of 6000 dirhams. I agreed to this and continued to work under that agreement. However, the company has now introduced a new contract agreement, and all employees are under pressure to sign it. The new conditions state that no employee can take a similar job in the UAE and must agree to pay USD 3500 (AED 12600) upon leaving during the contract period. What actions can I take regarding the unfairness of this situation?

I haven’t taken a visa or signed a contract with the company. Can I leave immediately?

Q: Dear Lawyers, I am working at a company, but I have my own visa. I want to leave this company because of my studies. It`s only been one month, and I haven’t taken a visa from the company, nor am I under their labor contract. Can I leave the company today?

Does the 25% salary seizure in a maintenance case include bonuses and allowances?

Q: Dear Lawyers, I won a maintenance case against my husband and initiated an execution case. I requested the Honorable Judge to write a letter to my husband`s employer, obliging them to seize 25% of my husband`s salary. The judge agreed. Q1: Does the seizure include 25% of my husband`s allowances, bonuses, and commissions, or only 25% of his basic salary? Q2: The judge issued a letter, and I received a copy by email. Does the court also send the letter directly to my husband`s employer, or am I supposed to forward it to them?