Middle East Legal Resources - Legal Advice Middle East

Is the notice for rent increase legal if served to the tenant 60 days before contract expiry?

Q: We received a letter (4 to 5 months before the contract ended) from the landlord showing the intention of rental increase as per the rental index along with admin charges. The letter didn`t state the actual amount that would be increased (it`s a physical letter given to us by building security). Now less than 60 days to the end of the contract we get a letter mentioning a 15% increase which is the max as per the index. My question here is whether the rent increase is valid as the actual increase was conveyed post the 90 days period? The second question, if we don`t agree with the new rent, will my contract auto-renew as per old rent or new rent?

The visit visa is rejected twice. What to do?

Q: Dear sir/madam, I applied 2 times for a Dubai tourist visit visa but it was rejected! How can I get a visa? How can I get a tourist visa for Dubai?

Can I sue an online trading company after making a huge loss of money?

Q: I have not done any trading online before. However, I found one company that is recommended by the UAE government that I contacted online and I was called shortly after that and trading started. I had no education on what is going on and my account manager was the one who tells me what to do, like close trade, open trade, buy or sell and how many lots to put. I lost approx. AED 70000 in 6 days. Do I have a case and can I retrieve my money back?

إخلاء مستأجر لا يدفع الإيجار في أثناء وجود المالك بالخارج

س: السلام عليكم، أسكن خارج الإمارات ولدي مستأجر لا يدفع الإيجار منذ 5 أشهر. ما طريقة التعامل معه؟ وهل يمكن عمل وكالة للمحامي من خارج الإمارات؟ وكيف؟

I have a medical condition which restrains my finger prints from being scanned

Q: I have a medical condition that restrains my fingerprints from being scanned. All my fingers cannot scan themselves apart from my left thumb. Will this restrict me from traveling to the UAE or any other country for that matter?

How much time does a case of medical malpractice take if all reports are ready?

Q: Hello, Good Day, My wife went through nose surgery a few years ago in a reputed hospital in Dubai. We were not satisfied with the surgery and we filed a complaint with Dubai Health Authority. After initial investigations, they found there is a medical error and issued a report to us. However, the doctor went in appeal to The Higher Committee For Medical Liability in MOH. And now, this committee came up with a final decision stating "Doctor did not comply with the accepted medical procedure and to this medical error, the patient is suffering and have to go for another surgery" As we have both final reports one from DHA and the other from MOH, we are ready to file a lawsuit. But prior to that, we need to know the estimated timeframe and cost associated with the lawsuit. Thank you F. S.

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How to get the pending salaries before resignation?

Q: Dear sir, I am currently working and have pending salaries from August 2021 till the present. The company gives a salary every 2 or 3 months; that is why it is accumulated for almost 11 months. I received my salary last April 20, 2022, for the month of July 2021. My MOHRE the last time I check is updated till February 2022. I am planning to resign but I am afraid that the company will not give me anything. I would like to ask what should I do so that the company will be forced to give me all my pending salary?

هل يصدر منع السفر ضد المُدَّعَى عليه في دعوى شيكات قبل صدور التنفيذ والحكم؟

س: السلام عليكم، في حال رفع قضية من أجل تحصيل شيك مرتجع بقيمة 100 ألف درهم، هل يصدر منع السفر ضد المُدَّعَى عليه قبل صدور التنفيذ والحكم؟

Can I make a settlement with my employer outside the court and withdraw my case against him?

Q: I want to settle my labor case with my employer out of court as they are willing to around pay by cheque 60% of the claim amount (I have an employment offer). Can I do this (accept less than the claim amount) & how to withdraw the case? My first hearing is next month. Thank you in advance for your services.

Can the lender request a payment due to errors after I sold a property that was on mortgage

Q: Hi, I recently sold a property that was under a mortgage. I requested a mortgage liability letter which was issued on 24 May. This was settled by the buyer`s mortgage lender and my mortgage clearance letter was issued on 06 June. The property sale was completed on 16 June. My old lender has now (29 June) requested another payment to cover `errors` that have surfaced in their account booking procedure. Can they do this? Thanks M. M.

خصم شهرين من الراتب عند تغيُّب الموظف لمدة 3 أشهر

س: السلام عليكم، إذا كان يحق للموظف إجازة سنوية شهر واحد حسب العقد وتغييب لمدة 3 أشهر، فهل يتم خصم الشهرين الزائدين من راتب الإجازة التالي؟

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الأجل القانوني لاستئناف حكم بمثابة الحضوري

س: السلام عليكم، دعوى مقامة ضد ثلاثة أطراف وصدر الحكم بتاريخ 31-05-2022 حضوريًا على طرف وبمثابة الحضوري على الطرفين الآخرين. أعلنت المحكمة بالنشر الطرفين الذين لم يحضرا الحكم بتاريخ 15-06-2022. ما الأجل القانوني للاستئناف ضد الأطراف الثلاثة وتحديدًا الطرف الذي كان حاضرًا في الحكم؟ وهل المدة تنتهي بمرور 30 يومًا من تاريخ الإعلان بالنشر للطرفين الذين لم يحضرا أم منذ اليوم التالي لصدور الحكم للطرف الحاضر وللطرفين الذين لم يحضرا تختلف؟ أي هل المدة واحدة أم لكل طرف مدة؟

رفع دعوى على الزوجة بشيك وقّعته على بياض بعد الطلاق

س: السلام عليكم، زوج جعل زوجته توقّع على شيك على بياض خلال فترة زواجهم. حدثت مشاكل بينهم ثم تطلقوا. كتب الزوج مبلغ مليون درهم لصالحه على الشيك وتم تقديمه وارتجع الشيك من البنك لعدم توفر الرصيد بحساب الزوجة. هل يستطيع الزوج أن يرفع عليها دعوى شيك بدون رصيد ويكسبها؟

An ex-employee refuses a reasonable settlement. What can the employer do?

Q: Dear questioner, I have an ex-employee refusing to accept or respond to a fair and reasonable settlement offer of a cash payment of 30% of his dues and 3 checks, payable over 60 days. This is bringing the business to its knees as there is also a freeze on the company`s trade license and bank account. What are my rights as an employer to get the ex-employee to respond to the offer?

How can I settle unpaid office rent with the landlord?

Q: We are tenants for the past 18 years. Due to the business failure for 3 years, we are unable to pay the rent for now nearly 3 years and waiting for the landlord to say to vacate and go without penalizing us. However, now they have come to us and saying that we need to pay all the 3 years of rent. Failing to do so, the landlord will send the police to vacate us. Please can you advise us on the solution? We just want to move out from here as we cannot afford to pay the rent. Is there any help for us?

How can I refund my payment to a hotel apartment for bad service?

Q: Greetings! I rented a serviced hotel apartment in Abu Dhabi on a long-term lease (6 months) paying 6 months lease amount (AED 23000) in advance. After occupying the apartment on 11/04/2022, I found lots of insects and bedbugs in the room. Notified the management. However, every time I was told it is fixed. Later one night, the bedbug bite was intolerable and I was forced to vacate the serviced apartment in the middle of the night (on 28/04/2022). While vacating, I was told by email that the advance amount deducting the period of stay will be refunded within 7 working days. Now as of today (30/06/2022), I am not refunded. No one answers my calls and physical visits, I am told they are not available. The amount agreed for refund after deduction is AED 20,070. Please suggest what I should do to get the refund for the failure to provide the service. I have the receipt of payment and email from the management regarding the refund. Pictures of the bedbug bites are also available. Thank you. B.

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