Self-help
Available entries: 13835 entries
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UAE
Is the tenant obliged to extend tenancy for one month to meet the notice requirement?
Q: In my tenancy contract I have this clause: "If the tenant intends to vacate or renew the tenancy on the expiry date, he/she agrees to give the landlord at least ninety (90) days written notice. a) Renewal should be signed and the rental cheque has to be paid 1 month before expiry, otherwise, the landlord has the right to find a new tenant." I gave the landlord notice 60 days prior to the expiry date. Now he is asking for a penalty of one month from me or extending the contract for 1 month with an additional one-month payment. However, in the clause, I don`t see any reference to such a penalty. The only written sub-clause is that renewal should be signed one month before expiry, otherwise, he can find another tenant. I want to leave the last day of the contract, therefore I don`t have any issue with him finding another tenant afterwards. Based on the above, is he eligible to get a penalty? Kind Regards, D. D. Questions & Answers
UAE
Can the landlord disconnect property utilities in case of defaulting on rent?
Q: My contract is expiring at the end of this month. The Lessor of the property management has notified me to pay the pending amount of my rental dues by the 15th of July. Failing in which they will disconnect my utilities. I have delayed my payments but I have somehow covered my monthly rentals. I am still due to pay some amount to them. Previously when this situation occurred, they have disconnected my utilities. Can anyone suggest to me whether this is legal to disconnect utilities? Questions & Answers
UAE
The right action to get labour rights and visa cancellation after resignation
Q: Hi, I am working in the UAE for the last 1 and a half years, I resigned from my company but they are not giving me my passport back. I have already completed my notice period but now the old company is asking me about the new company offer letter, visit visa or employment visa. But the question is how can I get a new visa if they don`t cancel my visa? One more issue is that when I submitted my resignation letter to HR, he asked me to send it to the CEO using Whatsapp. I sent it on WhatsApp to the CEO and then HR told me it`s accepted, so I don`t have any proof also if it`s accepted or not. What if I show the new company offer letter can it create a problem for me? I am stuck now. My passport is with them, final settlement and everything. I need advice on how to solve this issue. Thanks in advance Questions & Answers
UAE
Terminating an employment contract due to salary delay for about a year
Q: Hello, I want to know the legal procedures to file a case against my employer due to not paying my salary from July 2020 till date. The last salary that I`ve received was in June 2020. I am still working and doing my duties for the company, but I can not wait anymore and I want to take legal action against my employer and terminate my contract. My visa shall expire by end of September 2021 and I would like to sort out this issue before the expiry of my visa to avoid being illegally overstaying. How can I start the process? And please clarify to me my rights in such a situation and my benefits for requesting to terminate my contract due to this salary delay. Thanks! Questions & Answers
UAE
Overstaying in Dubai because the boss doesn't want to make a contract
Q: What to do if you have overstayed in Dubai for 2 months as a housemaid, but your boss doesn`t want to make a contract or a working visa? Questions & Answers
UAE
حساب نفقة المطلقة بدون أولاد في أبوظبي
س: السلام عليكم ورحمة الله وبركاته، أنا وزوجتي الثانية نمر بظروف صعبة وأفكر جديًا في الطلاق؛ علمًا بأنه لا يوجد أبناء منها وتزوجنا منذ سنة. أنا موظف في إحدى شركات أبوظبي وأتقاضى راتبًا جيدًا جدًا ولكن لدي التزامات كثيره؛ منها ديون للبنك للسيارات وأقساط شراء مسكن وغيره. زوجتي أيضًا موظفة في إحدى شركات أبوظبي وتتقاضى راتبًا جيدًا. أعلم أن قانون دائرة قضاء أبوظبي ينص على نفقة العدة ونفقة المتعة للمطلقة من غير أبناء ولكن لا توجد طريقة احتساب واضحة وأود معرفة حجم الضرر قبل اتخاذ القرار النهائي. لتيسير احتساب النفقات، نفترض أن راتبي الإجمالي من غير الخصومات الشهرية هو خمسون ألف درهم. ما طريقة احتساب النفقة في هذه الحالة؟ معلومة إضافية، زوجتي الأولى في عصمتي ولدي ثلاثة أبناء منها. Questions & Answers
UAE
How to claim the amount of an unpaid invoice from client after providing all services?
Q: Dear Legal Experts, I have a client who had hired me for a film production project in 2020. He cleared some advance but then during the filming, some more services were added to the job and he owed me around USD 7000 after the filming was completed. However, despite several follow-ups, he finally refused to clear my payment citing damages made by models provided by us - which is baseless. I passed the case to a collection agency but there was no result as he is not responding to any communication. What should I do? Questions & Answers
UAE
Can the wife prevent her husband from claiming the custody of baby?
Q: I am British and had a baby with a Syrian/Italian expatriate. We both live in Dubai, but I came back to the UK to have my baby. During this time, he was sent to prison for fraud where he remains and I do not want him to have anything to do with my daughter as he is a very bad person. He is not on the birth certificate and I did not give her his name so under British law he has no rights or claims to her. However, I am moving back to Dubai and want to know the legal situation if he tried to claim her. I have heard even though we are British and he is not legally her father here, the UAE legal system will favor him as a man. Please could you advise me? Thanks Legal blog
Tunisia
قراءة للفصل 12 من مجلة المرافعات المدنية والتجارية
لقد كانت مجلة الإجراءات المدنية لسنة 1910 تعتمد النظام الاستقرائي، إذ أنها أوكلت على القاضي القيام بالإجراءات؛ فدوره شبيه بدور حاكم التحقيق في المادة الجزائية. لكن مجلة المرافعات المدنية والتجارية لسنة 1959 اعتمدت النظام الادعائي الذي يترك للخصوم أمر تحقيق الدعوى فقضى الفصل 12 منها بعد تنقيحه سنة 1980 " ليس على المحكمة تكوين أو إتمام أو إحضار حجج الخصوم". ويستوجب النظر في هذا النص تحديد دلالة حجج الخصوم قبل بيان دور المحكمة في الاثبات المدني. Questions & Answers
UAE
The tenant is unreachable. What to do?
Q: If a tenant of a retail lease in the DIFC fails to pay the rent and is unreachable, what steps can I take after serving the notice of breach and the tenant failed to remedy within 30 days of the said notice? Questions & Answers
UAE
How to check a travel ban possibly requested by the employer?
Q: How can I check if my employer put a travel ban on me? Questions & Answers
UAE
Legal requirements for starting a business by a minor
Q: Legal requirements for starting a business by a minor in the UAE I am currently 16 and I’m an Emirati national. I am willing to start my own e-commerce business. Is it possible to get an e-commerce license even if I am a minor? Questions & Answers
UAE
Eviction of a tenant for overstay beyond contract end
Q: Eviction of a tenant for overstay beyond contract end and nonpayment of previous rent The property is in Dubai. My tenant has not been paying for over 3 months, now the tenancy contract is finished since 9.07.21 and though I offered him the chance to renew upon settling the old debt and giving the cheques for the new contract, he is avoiding me, not replying, and still staying in the apartment. What is the fastest and least costly way to evict him? In case of public notary notice, where is the least costly? What are the timeframes for eviction? Questions & Answers
UAE
Having a company and a license to create a mobile application?
Q: I am creating a mobile application, and I would like to introduce a payment process within the app to facilitate the whole process for the service provider. Now, the idea of the app is similar to (meetups); anyone can create an event and the event can be set as a paid event, joiners will have to pay the organizer which can be anyone signed up to the app. Usually, the process goes like this people pay the organizer on the spot in cash. I would like to make it to be an online payment to the organizer. Do I need to have a company and a license to start this? And is the process of the app idea allowed here in the UAE? Questions & Answers
UAE
Can I renew my visa if I have an ongoing rental case?
Q: I have a rental case filed by my landlord and the hearing is in October 2021. Can I renew my visa? Questions & Answers
UAE