Questions & Answers - Legal Advice Middle East

The rights of an employee upon termination without a reason

Q: Hello, Good day! Please I need some advice! My employer canceled me automatically without a valid reason. I have already finished almost 8 months and they brought me back to the agency. The agency sent me again to another employer. Can I leave the agency? My employer told me that I can`t leave the agency because they paid for me. They canceled me without a reason. I want to know my rights.

How can I extend my visa after termination and cancellation to find another job?

Q: Hi, I have been terminated from employment and my employer said that they will keep my visa until 7 November to give me time to find a new job. If I don’t find a new job by then, they will cancel the visa anyway. It is unlikely I will secure a job by the 7 November deadline. I understand you have a 30-day grace period to change your status after visa cancellation. My plan is to change to a tourist visa. My question is, if I want to go back home (U.K.) for a while (say 20 November to 4 Jan) and continue applying for jobs from England, what do I need to do regarding my visa? If I exit the country on 20 Nov (within the 30-day grace period) is that sufficient? I’ll still have my apartment, bank account, etc. here. To formerly ‘exit’ after residence visa cancellation, do these also need to be exited/closed? Or is it as simple as I need to exit within 30 days of 7 Nov. so I can fly out mid-November and when I come back in Jan I just get a tourist visa?

Does the new owner need to serve eviction notice to the tenant if the old owner served it?

Q: Hi, I just bought a villa in Dubai, wherein the previous owner had served an eviction notice in Aug. to the tenant with the reason that he intends to sell the property. Based on this eviction notice, I bought the property, and now I was told that I need to serve a new eviction notice to the tenant again as a new owner. If I do this, then the tenant will get 12 months to vacate from the new notice date. Then what is the use of the old eviction notice? As I understand the new owner will need to honor all obligations of the old landlord and in which case the new landlord should also be entitled to the right of eviction notice served by the old landlord, right? Kindly clarify

Can the tenant refuse the rent increase after sending him the legal notice on time?

Q: Hi, My villa is rented since August 2018 for 155000 pa, payment was agreed upon by 2 cheques, and Ejari was registered in 2018. In August 2020 (COVID Time), I was outside the UAE and the tenant asked me to lower the rent to 142000 and offered to pay monthly rental payments by bank transfer. Due to the COVID situation, I accepted his offer by email and since then, the tenant pays rent monthly through bank transfers. In April 2022 (which is 90 days to renewal in August 2022), I sent him an email to rent review as the rental value for my villa increased. However, the tenant did not agree and kept saying there is no rent increase for my villa. We exchanged several emails. and no conclusion. Now in October 2022, I have obtained a rental valuation certificate from DLD which states the current rental value is 200000. I will appreciate your advice about how to proceed with the rental increase, and what is my legal position in this issue. The tenancy agreement and Ejari are officially not renewed for the last few years.

How to avoid the complications arising out of losing a signed cheque?

Q: If someone lost a cheque that is signed, what should he do to avoid all the complications related to that?

Getting a higher offer for selling a property after signing an MOU. What to do?

Q: Dear sir/madam, I wanted to sell my property. I signed an MOU and the buyer paid a deposit. I got a higher offer for my property and the agent is saying that he will block the property if I do not obtain an NOC. The MOU runs out in 5 days. Will I have to pay a penalty? Or can I just let the MOU expire as it is not attested? Thanks!

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How can I contest the eviction notice by the landlord if it is merely for rent increase?

Q: I’ve been served a notice on a property in a place where all landlords are evicting tenants due to the rental increase. It’s easy for a landlord to serve notice and then not actually move in (which is the reason he has given). I’ve spent a lot of money on landscaping the garden as it was empty when I moved in. How can I contest the eviction notice? My landlord owns more than one property in Dubai and he lives in India. He keeps saying he is moving in, yet the notice he served also says he is evicting me due to his need to move or sell it.

A real estate project is on hold for 14 years. How to get the money back?

Q: Dear sir/madam, I have an apartment and the project is on hold for a very long time (about 14 years). Our project is on the list of "Canceled Real Estate Projects" (in the list of 1st Liquidation Committee) and my money is stuck in this. How can I get the money back? Thanks!

What should I do if the tenant is not paying after the eviction notice?

Q: I am a landlord and the tenant is not paying rent for 3 months now. He received an eviction notice but still no payment. What should I do next?

Where can I file a complaint against the real estate company to get my rent deposit?

Q: Dear Community, Seeking your support & guidance. We recently vacated a flat in Sharjah & requested a NOC from the real estate for SEWA DC & claimed the 2k deposit. Their engineer came & deliberately made a quotation of 3k claiming damages in the flat, which are absolutely false. Where can I put up a complaint against the real estate for this false claim? Thank you.

Are there any mandatory languages to be used in a commercial contract?

Q: Are there any mandatory languages to be used in a commercial contract between a Dubai LLC and another private company from the UAE? Or can it be written fully in English only?

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هل يحق للشركة تسجيل مكالمات الموظفين بدون إعلامهم؟

س: السلام عليكم، أعمل في شركة شبه حكومية في الإمارات والشركة سلمتنا هواتف محمولة في بداية التعيين. هل يحق لهم تسجيل مكالماتنا بدون إعلامنا بذلك؟

المطالبة بتعويض عن الفصل التعسفي وبدل الإنذار لدى فصل العامل تعسفيًا

س: السلام عليكم، إذا فُصِل شخص من العمل فصلاً تعسفيًا وتم إنهاء الخدمة بدون إنذار في نفس الوقت، فهل يطلب بدل الفصل التعسفي وبدل الإنذار؟ صاحب العمل برر إنهاء الخدمة بأن العامل يتعامل مع ناس، لم يحددهم، وأساء للسمعة وقد هدد بكسر الرأس إذا تم رفع دعوى. هل يطلب عن هذا الضرر المعنوي تعويضًا من القاضي العمالي مع نفس الطلبات العمالية؛ الأجور والإجازات وغيرها؟ وشكرًا!

How can I file a civil case of performance order against a bounced cheque?

Q: I need an experienced lawyer who has handled a civil case (performance order) for a bounced cheque (the reason is a closed account). The cheque amount is 200k. The company is LLC (cheque issued by the company) and the company is now sold. What happens exactly when I file the civil case and how long it will take?

Deciding not to rent an apartment after giving a deposit and agency fees

Q: Hi, I recently gave a deposit + agency fee in cash (I have the agency receipt), but we would like to go back on our decision and not rent this apartment. We haven`t signed the leasing contract yet, and neither has the owner. In the receipt, it`s written that the deposit is non-refundable, but I haven`t signed it, only the agent. So I don`t know if it is legal. Do you know if I can get all my cash back (deposit + agency fee) when the deal did not close in the end because of me? Would the reason for deciding not to rent anymore impact the legal aspect of the situation?

Is it possible to check if you have a travel ban in all GCC countries?

Q: Dear Sir, I need your services to check if there is any issue regarding my passport, like a travel ban, entry restriction, police case... etc. I want to know about all Gulf countries (GCC).