Questions & Answers - Legal Advice Middle East

Passport retrieval and resolution of employment dispute

Q: Dear Sir/Madam, Subject: Seeking Legal Assistance for Passport Retrieval and Resolution of Employment Dispute I am writing to seek your urgent assistance regarding an ongoing issue with my employer, pertaining to the release of my passport. Despite multiple attempts to communicate and retrieve my passport through email correspondence, my employer has not complied with my request, and my passport is still in their possession. This situation has persisted, even though legal proceedings are underway, and the final judgment is scheduled to be delivered on 15/02/2024. I am deeply concerned about the implications of this delay on my personal and professional life. The retention of my passport not only hinders my ability to carry out routine activities but also raises questions about compliance with legal obligations. I would appreciate your counsel on the legal recourse available if my employer remains unwilling to pay the owed amount even after the final judgment. Thank you for your assistance!

Can I get a replacement car if I had a major accident with a car I just bought from the showroom?

Q: I bought a new car from the showroom 3 months ago. I have full-cover insurance. Today my car met with a major accident and I am not faulty. Can I get a new car from the insurance company?

Can we nullify the MoU if the property isn't vacated by a specific date?

Q: Dear Sir/Madam, I am interested in buying a property that is currently tenanted. The agent has insisted that the tenant will vacate the property in two months; however, the current owner has not served any notice to the tenant. Is there an agreement we can ask the tenant to sign before we agree to buy the property, such as an undertaking in front of a magistrate? Can we include this in the MoU so that if the property is not vacated by a certain date, the MoU stands nullified?

I got a judgment against a cryptocurrency company that failed pay me and closed. What to do?

Q: I give an investment to a Pakistani individual for trading opportunities in cryptocurrency. He gave me three cheques as security against my investment. He used to give me profits every month. After 4 months, he failed to give me a profit by saying all investments were liquidated and lost. I opened a cheque execution case against him and all three cheques (100k + 12k + 29K AED) got bounced due to insufficient funds. During this stage, the person managed to leave UAE and flee to his home country ( Pakistan). It is more than 4 months after my execution case yet I didn`t receive any money from the court. How can I recover my money? I need a detailed answer. Thanks.

I want to file divorce from husband and I got threatened by him. How to protect myself legally?

Q: I`m a Muslim expat who wants to file for divorce from my husband who is also a Muslim expat. I tried before but he threatened to "destroy" me, so I got scared and stayed. I want to ask family lawyers what have they seen revengeful husbands doing to ruin their wives` lives so that I can be prepared.

I hired a contractor for works in my villa and failed in performing obligations. What can I do?

Q: Hi, I got an approved contractor in my villa for bathroom and kitchen work but he really failed to bring what he promised. The finishing is really really bad. Parts of the ceiling are falling down every few days. The kitchen is in a very bad shape, they used silicon to attach tiles instead of glue. Some doors fell off after a few times using, and some doors can’t even be opened because another door is blocking their way. The toilets are a total mess, some tiles are broken, the door frame got destroyed with the work so they took some glue and painted above, the bathroom tub is not fixed and can be moved. They closed one part of the walls with a tile without removing the window, they installed a fake wall in front but forgot to close the window, so the window is open from the outside but can’t be closed because of the new wall. These, are just a few, really few things. In the contract we agreed that he would finish the work by the 19th of December, any delay causes an AED 1000 fine a day.

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How to release my passport from municipality as a guarantor for a rental case against my brother?

Q: I placed my passport with the Sharjah Municipality as a guarantor for my brother who has a rental dispute case against him. It has been years now, and the case has not yet been solved the thing is my passport has expired, and I am currently in overstay but I got an employment opportunity. How can I retrieve my passport from the municipality so I can renew it and get a valid visa? Regards

How to execute an eviction judgment against a tenant?

Q: Dear Sir/Madam, I have obtained a favorable judgment in evicting my tenant. The tenant appealed, and the original judgment has been upheld. What do I need to do now to execute the judgment?

How to lift the Dubai absconding ban imposed on me after ten years?

Q: Hi Sir, Please guide me on how to lift the Dubai absconding ban imposed on me in 2013 as I had to rush back to my home country for a medical emergency and my employers put me absconding. Now it`s 10 years since I have been outside Dubai. On my special request, my Dubai employers took a third-party support to lift the ban but the case got reversed in the last step as Dubai Immigration was not accepting cases of expatriates outside the country. My huge amount submitted to Dubai employers also did not result in anything. I am willing to take legal help now so kindly guide me on how to proceed. Thanks

Can the landlord send me an eviction notice to make maintenance to the apartment?

Q: Good morning, I have just received an eviction notice. The reason for the eviction is the "urgent need for a notifier for conducting alterations and comprehensive maintenance". I think that this eviction notice is unjustified as the apartment was completely refurbished in May/June 2022, with a new kitchen, bathroom furniture and fittings, new tiles, and a new water heater (I have a video of the ongoing works). The works were still ongoing when I moved in, in June `22. I couldn`t use the apartment to the full extent and unpack until the works were completed in September`22. I suspect that the landlord wants to get rid of me due to the spike in rental prices in Dubai. According to the RERA calculator, she could raise the rent to a maximum of 15%. In the case of letting the apartment to a new tenant, she would get much more. Doesn`t the landlord need to provide me with a technical report attested by Dubai Municipality together with the eviction notice? What are my options? What can I do to prevent the eviction?

Can we get a refund for the flat reservation booking fee if we cancel?

Q: Dear Sir/Madam, Is it possible to get back the booking fee paid for the reservation of the flat if we cancel for some reason?

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Do I need a legal representative for my DHA complaint?

Q: Hello, I submitted my complaint to the DHA, but I am still awaiting feedback. I contacted several lawyers to understand the next steps. Many suggested waiting until the DHA provides feedback before seeking legal representation for potential medical negligence. However, one lawyer mentioned that my complaint lacks a legal aspect, and the DHA might reject it. Can someone clarify if a legal representative is necessary for a DHA complaint, as other lawyers I contacted did not mention this requirement when reviewing my claim?

Travel company disappeared after purchase. Where to file a complaint?

Q: Dear Sir/Madam, I purchased tours and travel packages from a company for 11,000 Dirhams. According to a Khaleej Times post, the company has disappeared. Where can I file a complaint about this incident?

Facing full settlement demand for unpaid bank loan: Can I contest?

Q: Dear Sir/Madam, I have a cheque bounce civil case in Dubai due to an unpaid loan from a bank. This same bank had filed a case two years ago, but the case was removed due to a new rule. Now, they have filed a new case with a travel ban as well. I am required to pay the entire amount of 100,000 AED in one shot or installments to the bank to settle the case as per the court. Can I file an objection or contest this judgment? If so, what will be the most likely outcome?

As a 51% local sponsor (LLC), can my partner force me off the license?

Q: As a 51% local sponsor (LLC), can my partner force me off the license? What options does the partner have?

What can I do if the bank is pressuring me after I defaulted due to redundancy and sickness?

Q: Dear Legal Advice, I got redundant from work last June 2023. Until now, I have been unable to secure a job and I was diagnosed with breast cancer last Nov 2023. I asked my previous company to hold my visa and insurance cancellation because I need the insurance for my tests, procedures, and treatments like chemotherapy and radiotherapy sessions. But I have a bank loan and the bank called me and my previous company pressuring us to release the gratuity to the bank because I have 4 months overdue installments. The bank is threatening the company that it will cause an issue because there is no salary reflected in my account; they are forcing them to cancel my visa and release the gratuity. The bank is forcing me to send an email to my company to release my gratuity. If I do this, I will have no visa and insurance, my chemo sessions will be stopped, and my health will be at risk. What should I do? Does the bank have the right to force me and my company? Please I need your wise advice. Thank you.