Month: June 2018

Tenancy and Landlord rights in Dubai

As an expat living in Dubai requires that you should familiarize yourself with tenancy rules and regulations which of course include the tenancy contract. Following are the rights of the tenants,

a- No changes are to be made by the landlord to the amenities or annexes of the property preventing its full use
b- Any decoration work or any other such work that requires approval from the authorities must be given to the tenant provided that does not affect the structure
c- The landlord is bound by law to give the house in good livable condition which is not bad allowing its full use
d- All the repairing and maintenance is to be done by the landlord and not the tenant during the term of the contract without affecting tenant’s usage
e- Rent can only be increased as per RERA rental bracket for contract renewal for different areas and properties
f- For any reason the landlord is not allowed to withhold the security deposit if done so then tenant can file complain to rent dispute committee
g- Disconnection of services to the property by landlord is not allowed if such incidence happens then tenant can complain to the police or the rent dispute committee for compensation

Please note that the contract can only be terminated with the mutual consent of both parties.

Bounced Cheque in UAE

A bounced cheque is considered a crime in UAE and as per new rules instead of jail term there will be fines issued considering bounced cheque as a misdemeanor on the following basis,

– There is no date mentioned
– It is not signed by the drawer
– Does not clearly state the word “cheque”
– Does not specify the amount issued
– If it does not mention drawer and the beneficiary name

The new rule states that a bounced cheque of upto 50,000 will be given a fine of aed 2,000, for cheque between 50,000 to 100,000 will be given a fine of aed 5,000 and lastly for cheque between 100,000 to 200,000 will be given aed 10,000 fine.

A postdated cheque is not considered a crime. However, the cheque will be invalid if the date is not incorporated on the cheque or it contains fake duplicate signature or any sort of mark.

Please note that a bounced cheque crime may not be intentional but still the offence takes place once the cheque has been presented

Extradition request in the UAE

1- The law governing the extradition process is under Federal law No. 39 (2006) which is about International Judicial Cooperation in Criminal matters
2- Anyone residing in UAE can make an extradition request against the accused or the person who has committed a crime.
3- To process the request of extradition, a treaty has to be signed between UAE and the country of extradition and the provisions of such treaties may include additional requirements
4- For the extradition to be considered in the UAE, the offence should also be considered a crime in the country of the accused.
5- If the offence of the accused relates to execution of custody, then the custody should be no less than six months for extradition
6- Interpol is the body through which a request can be made against the accused.
7- The severity of the crime will decide the type of notice to be issued. For serious offences and crime the red notice is given to the accused.
8- Notices issued by Interpol are official and has an international effect and the accused can be held under custody.
9- If the crime in the UAE is under a different name, description or has other components then the extradition country, it will not be considered the same

Preparing Power of Attorney in UAE

The power of attorney is to be prepared by the law firm and then sent for translation into Arabic and English.

In order for a lawyer to act on behalf a client, it is obligatory for the client to authorize the lawyer of doing so by signing a power of attorney. This will show that the lawyer acting on behalf of the client has full authority to represent the client in all legal matters. It needs to be stamped and attested by the Dubai courts.

The power of attorney will be revoked once it completes its time frame or at the death of the person giving the power or even at the will of the executor by written application, however this is only possible in Abu Dhabi and Sharjah

To use power of attorney made somewhere other than UAE, the following must be done,

a- Translate documents into Arabic
b- Attestation by the foreign office in UAE
c- Legalize documents by UAE Ministry of Justice
d- Signing power of attorney in front of notary in the country of issue
e- Attestation by the foreign office in country of issue
f- Legalize documents by UAE Embassy in country of issue