Middle East Legal Resources - Legal Advice Middle East

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Can landlords in Dubai increase rent if RERA index has not changed?

Q: Hi, I am an owner of an apartment in Dubai. It has been rented out for the past 2 years. The market rate of rent has now increased, however, the RERA index has not changed in the past 3 years. I gave my tenant a 90-day notice notifying him of an increase in rent, however, he is not accepting and will only pay as per the RERA index. The matter is now with the RDC, where he has filed a case against me. The RDC session is scheduled for next week. If I provide a DLD rent valuation certificate, will the RDC consider my request, or will they stick to the RERA index? In case the tenant wins the verdict, will I have to pay any legal fees? Regards,

What is the procedure to evict a tenant and renew the lease after buying a new apartment?

Q: Hi, I just bought an apartment in Dubai on 4 May 23 but there is a tenant whose Ejari from the previous owner is valid until 18 Dec 23. The Ejari with the same T&Cs has been transferred to my name today. My questions are: 1) Can I issue him an exit notice now? If I do so, does it mean that based on the 12-month notice period he will have to vacate my premises on June 24? 2) The tenant continues to stay after the tenancy contract validity i.e. 18 Dec 23 based on the notice period. Do I have to register a new Ejari with him from 19 Dec 23 onwards or I can just wait for his notice period to get over based on the exit notice? 3) A friend said that I have to wait for the current Ejari to get over for the 12-month notice to get started i.e. when the current Ejari expires on 18 Dec 23. This means I can give him an exit notice on June 23 but he will vacate the house on Dec 24 only. Is this correct? Please help

هل تتأثر نفقة الزوجة الأولى عند رفع الثانية دعوى نفقة؟

س: السلام عليكم، حُكم للزوجة الأولى بنفقة الزوجية وتحدد المبلغ وتم التنفيذ. رفعت الزوجة الثانية دعوى نفقة زوجية. هل يتم احتساب راتب الزوج المتبقي أم يتم حساب كامل الراتب شاملاً النفقة المحكومة للزوجة الأولى؟ يعني هل تتأثر الزوجة الأولى وتتغير نفقتها؟

A new landlord in Dubai: Can I evict the tenant before the end of the contract?

Q: Hi, I have just bought an apartment in Dubai on May 4, 2023. However, there is a tenant whose Ejari from the previous owner is valid until December 18, 2023. The Ejari with the same terms and conditions has been transferred to my name today. I have the following questions: 1) Can I issue him an exit notice now? If I do, does that mean that based on the 12-month notice period, he will have to vacate my premises in June 2024? 2) If the tenant continues to stay after the tenancy contract validity (i.e., December 18, 2023) based on the notice period, do I have to register a new Ejari with him from December 19, 2023 onwards, or can I just wait for his notice period to end based on the exit notice? 3) A friend said that I have to wait for the current Ejari to end for the 12-month notice period to start. In other words, when the current Ejari expires on December 18, 2023, I can give him an exit notice in June 2023, but he will vacate the house in December 2024 only. Is this correct? Please help!

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Can I claim unpaid salary from previous contract?

Q: Dear Sir/Madam, My complete salary for my previous contract from 2019-2021 is not paid. In 2021, the contract was renewed and I was paid in full. Can I claim the unpaid salary from 2019-2021?

How can I terminate a warehouse lease contract and get refund due to the agent's breach?

Q: Hi! An agent provided us with misleading information regarding a warehouse like fake pictures and misrepresented the size. He said it`s 3660 but in reality, it`s 3076. While we had reached a verbal agreement with him with coordination between him and the owner, and through WhatsApp and Email, they refused the terms we agreed upon during the contract signing. They claimed that the terms needed to be agreed upon solely by the owner. Due to the owner`s unwillingness to find a mutually acceptable resolution, we decided not to proceed with renting the warehouse. We have transferred the amount for the broker fees and the amount for the security deposit to the agent as requested. We received a receipt from the agent. We requested to return the transferred funds. We have all the necessary documentation. We asked the agent for refunding the transferred amount and we didn`t get a reply from him yet. In case he refused to transfer the funds, we kindly request your legal assistance in this matter.

What is the difference between non-Muslim marital and fund matters cases?

Q: Dear Sir/Madam, I am non-Muslim. My ex-wife filed a lawsuit against me with the type "Marital matters non-Muslim." It is regarding money. I want to file a new case against my ex-wife related to money regarding a jointly owned company and a jointly owned house that was established when we were married. I see there is another type of case called "Fund matters non-Muslim." Please guide me on which types of cases are classified as "Marital matters non-Muslim" and which types of cases are "Fund matters non-Muslim." What is the difference? Thank you!

Can I return back to the UAE if I left without proper visa cancellation?

Q: I was a school teacher in Dubai from 2020 to 2021. I chose not to return after the summer for the remaining year of my contract. I do not owe any money to the bank, but I did not pay a couple of utility bills and my former employer (the school) claimed I owed them money for breach of contract. I also did not cancel my residence visa. I would like to return to Dubai on a tourist visa. How could I find out if I would be stopped at immigration?

Can the landlord evict us to sell without giving a 12 months eviction notice?

Q: We were told by our landlord that he wants to sell his property. Our contract is till 11 December 2023. He said it would be difficult to renew our contract as we wanted to extend. We then gave him two options either we can try and find an alternative rental and he refunds us or he extends till June 2024. He said preferred we look for an alternative rental ASAP. This all happened on 3 June, we then looked for an alternative and found that rental prices have gone up considerably and this is not financially viable for us and have gone back to him on 4th June to say this. He has come back and said he has already signed the contract with a new buyer. What is our position? We only offered and were only subject to if we could find an alternative rental. Also, he has sold/signed to sell in less than 72 hours of talks.

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Do you have to send the tenant a new eviction notice after purchasing property?

Q: I purchased a villa in Jan 2023 which had a 12-month vacating notice by the previous owner for the reason of selling the property (tenant to vacate 30th June 2023). The tenant now informs me that he is not obliged to vacate as the reason for vacating is no longer valid since the property is sold and I am the new owner. Now the tenant is mentioning that he believes a fresh notice needs to be given with another 12 months` notice. When I called the RDC of RERA, they mentioned that the new owner needs to give fresh notice. I want to understand the below: 1) Do I need to give fresh notice of 12 months to my tenant? 2) Is the eviction notice sent by the previous owner still valid?

A landlord rented out the apartment at a higher price after I moved out. What to do?

Q: Dear Sir/Madam, I have just found proof that my former landlord in Dubai rented out my old apartment at a much higher price to a new tenant the month after I moved out. I also have proof that he was “intending to sell” the apartment in a message. I signed a contract stating that I would move out at the end of the lease, which I did, based on his advice that he is selling the apartment. I received an official legal notice with “sale” as the reason for eviction four months after I signed the contract. I left on the date as per the contract in good faith that he would be selling the apartment. Please let me know if I have a case and can file for compensation.

Eviction notice served by previous owner: Is it still valid?

Q: Dear Sir/Madam, Why do legal experts have different responses on the validity of eviction notice upon the sale of the property? Some suggest that the new owner needs to serve a new 12-month notice, while others suggest that the validity of the notice served by the previous owner continues. Shouldn`t all lawyers have the same response to this?

How to deal with fake Google reviews from a former employee?

Q: Dear Sir/Madam, I am running a clinic in Dubai. I hired a doctor a few months ago. She failed to perform the work for which she was hired, so I fired her. Now she is giving fake reviews on Google. She is also doing this with her friends. I have contacted her, but she has left the country. Please advise what we can do! Thank you!

Can I come back to the UAE after a sentence of suspension of punishment and deportation?

Q: My sentence in appeal court shows suspension of punishment and deportation and in the month column, it says 6. In the fine column, it says 30900. I paid a fine of 15900 back in 2018 and got deported. They told me my sentence was a fine and deportation. Can I come back now? I don`t understand my sentence. I was deported after surrendering in court and then to central jail. The appeal case ID is [----].

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