Middle East Legal Resources - Legal Advice Middle East

Q: Hi, I have just got a message from the Dubai court for a travel ban and a case number. I have an issue with my bank for an unpaid loan and credit card although I tried many times to settle. What do I need to do next?

Rent increase for a sitting tenant: RERA guidelines or free market rate?

Q: Dear Sir/Madam, I recently purchased a property with a sitting tenant who has a tenancy contract expiring on 20/08/2023. The current rent is 35,000 AED per annum. If I wish to increase the rent, can I give the tenant a 90-day notice and increase the rent to (a) the free market rate, (b) the RERA index range, or (c) just the RERA prescribed percentage (5%, 10%, 15%, or 20%), based on the difference between the current rent and RERA index?

تنفيذ شيك ضد شركة ذات مسؤولية محدودة

س: السلام عليكم، ما أفضل الإجراءات القانونية للتنفيذ (طلب شيك) على شركة ذات مسؤولية محدودة يملكها أكثر من شخص؟

How to a force a tourism agency to refund an amount for a scam package?

Q: Hi. My husband and I subscribed to a tourism package with a registered company in the UAE last Sunday. We signed a contract and paid an amount of AED 13999 for the package. We later decided that we want to cancel this subscription and get a refund. The exact clause that describes the cancellation policy is: “Subscription cancellation request received 7 days enrollment/payment date may be eligible to receive a refund after deducting 30% administration charges and cost of the utilized services if any.” It’s only been 3 days since we purchased it and we haven’t used any of their services yet. Their subscription fee is 13999 and we were not informed of a separate administration charge. They are not willing to refund. Isn’t it illegal to deny that right to a customer? Please help us sort this out. We’ve recently moved to the country and have been scammed of all our savings and money through a scam call as well. Thank you in advance for any guidance you can provide.

Bank files a case despite seeking help during rent downturn - Need advice

Q: Dear Sir/Madam, I took a secure loan (AED 400k approx) against my property about 6-7 years ago. I had been paying all installments till the sudden downturn in rents in 2019 when I approached the bank for a solution. Now in 2023, my bank has filed a case in Dubai courts against me without any substantial discussions or negotiations. I have been asked to meet on 21st Feb on a Zoom call since I am overseas. Can you please offer some advice on what I should do?

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Buying property in Dubai: Payment options for non-UAE residents

Q: Dear Sir/Madam, I am from Italy and am currently in the process of buying a property in Dubai. To arrange payment, I need to pay the seller via the manager`s cheque. However, I am experiencing difficulties opening a local bank account as I am not a UAE resident. The money for the property in Dubai comes from the sale of an apartment in Europe, but I am unable to open a bank account because I do not have a salary certificate. Therefore, I have two options: - Transfer the money to my girlfriend`s bank account in Dubai and use her account to produce the manager`s cheque in the name of the seller. The property will be 100% in my name. - Use a Dubai law firm to arrange payment. What is your recommendation?

Deported from the UAE due to expired visa: Can I return after 6 months?

Q: Hello sir/madam, My question is, can I return to the UAE after being deported? The reason for my deportation was that my visit visa had expired, and I was caught by CID and subsequently deported after being in jail. I am currently in India, and I am unsure if I can go back to the UAE. Some people have said that I can return after six months, but I am not certain. Could you please help me with this issue?

An employer is pressuring to renew the visa. What to do?

Q: Dear Sir/Madam, My visa is set to expire on 24-Feb-2023 and I have no intention of renewing my limited contract. However, my employer is pressuring me to renew and has even threatened legal action. They requested that I undergo a medical examination three months prior to the expiration of my current visa, is this a renewal? When and how should I submit my resignation to my employer? Is there any perfect way to get out of this situation? Does the court require any proof that is not rejectable?

Proforma invoice vs school fee invoice: Which one to pay?

Q: Dear Sir/Madam, The school where my children attend recently requested that I pay a proforma invoice for the entire year`s school fees. However, the proforma invoice and the school fee invoice display two different amounts. Is a proforma invoice a demand for payment? And am I legally obligated to pay a proforma invoice, or the school fees invoice?

When rental contracts expire: How to handle building access suspension?

Q: Dear Sir/Madam, Is it possible for building management to suspend access to the building in the case of a non-renewed contract? Our rental contract in Dubai recently expired, and the building management has disabled our access cards for the main entrance, parking, and amenities such as the gym and pool. We have been in contact with the owner for at least one month prior to the contract`s expiry to follow up on the renewal. The delay is due to the owner`s end, and we have documented this through email. What steps can we take to ensure uninterrupted access to the building facilities?

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The legal implications of refusing to go to work due to unpaid salaries

Q: Dear Sir/Madam, Our company (under DMCC free zone) has not paid our salary for almost 3 months. Our team has decided not to come to work due to insufficient funds, especially for transportation. We received multiple calls from HR saying that it is a strike and it is against the law. What should we do if our company takes legal action against us for not coming to work?

How do I get my labor entitlements released from the court after payment by employer?

Q: Dear Sir, I filed a labor complaint against my employer for not paying my salary on time. The court judgment came on 28 November 2022, and then in December 2022 I applied for execution. On 3 January 2023, my company paid my money to the court and until today (11.02.2023), almost 45 days had gone and I still did not get my money from the court. I don`t know if my company paid to court then why does the Dubai court take 45 days to give me my money? I do not understand now. I don`t have money for food also and on 30 January 2023, my company manager removed me from company accommodation. My question is, if I do not get my money, then how do they remove me from the accommodation? Where can I live for the last 8 months with no salary and now they remove me from the accommodation? This is not good for laborers, the government needs to understand if a laborer doesn`t get his salary on time and he files a case and they take 8 months to solve the case, how does the laborer survive during this time for 8 months and now no accommodation?

Unjustified damage fees and fraudulent charges for a rented car. What to do?

Q: Dear Sir/Madam, I visited Dubai two weeks ago on a business trip, during which we hired a car. When we returned the car, they said there was damage to one of the rings on the wheel and demanded that we pay 7000 AED without providing a repair quote. We immediately disputed this but paid for all extra mileage, tolls, and a speeding fine. We disputed the damage because we did not believe we had caused it. We also took pictures of the car and consulted Mercedes UK for advice on what should be replaced, if anything. They advised that it was minimal and would cost at most 200 AED to repair. I offered to pay this as well. Since returning to the UK, I have been receiving daily messages threatening me with police action and arrest upon my return to Dubai if we do not pay the money. We paid a 2000 AED deposit on a credit card, which they advised is released. I have written confirmation of this. However, my card has now been charged 2300 AED without my authorization, which is likely fraudulent.

Blocked Ejari due to landlord's unpaid charges - How to renew the lease?

Q: Dear Sir/Madam, I am unable to renew my Ejari because my apartment is blocked in the system. The landlord has not been paying service charges to the developer for some time, which is the reason for the blockage. The landlord is in dispute with the developer and is unlikely to settle his dues anytime soon. Consequently, I cannot renew my Ejari until the landlord pays the service charges. Is it possible to renew my Ejari without the landlord settling his dues? Can the landlord increase my rent beyond the RERA rent increase cap, considering I do not have a renewed Ejari? Can the landlord evict me without prior notice? Please note that I had an Ejari from the previous year, but I cannot renew it this year.

Will the cases and travel bans for debts be lifted in Dubai as per the new cheque law?

Q: Regarding the UAE debt laws, I read that Dubai is wiping the cases so that travel bans are lifted. Is this true or are travel bans still active in 2023 for unpaid debts?

Self-help

مستأجر لا يدفع الإيجار أو فاتورة الكهرباء

How to settle a bank loan after job loss?