Whether you want to live on your own, are getting married, or have just moved to the UAE, you will need to rent a property. In doing so, it’s important to understand the various methods for resolving rental disputes in the UAE.

Renting a property comes with certain obligations and rights that can help you avoid rental disputes.

Rental Disputes in the UAE

The UAE has made significant progress in development and projects, which has led to a large increase in its population. This growth has been supported by laws that help resolve rental disputes in the UAE.

To accommodate this growth, authorities have worked to provide various rental housing options that suit all individuals and help them avoid rental disputes, especially given the high demand for rental properties.

As a result, the Rental Law was enacted to protect the rights and obligations of all parties in a lease agreement and to resolve rental disputes in the UAE.

The Role of the Rental Law in Resolving Rental Disputes

The Rental Law contains several provisions that define the relationship between tenants and landlords in the UAE. It acts as a regulator to reduce exploitation.

This has led to the control of rent prices and requires both parties to respect each other’s rights. The law sets the permissible rent and the conditions for increasing rent or extending the lease term for new, existing, or renewable contracts, all to prevent rental disputes.

This is an effective solution to prevent landlords from arbitrarily increasing rental prices, which can be a primary cause of rental disputes in the UAE.

If you need legal advice regarding rental disputes , you should contact a specialized law firm, such as Samaha Legal Consultants.

Conditions for Terminating a Contract Without Rental Disputes

The Rental Law also includes specific rules that a landlord must follow if they want to terminate a contract for the purpose of modifying or demolishing the property. The landlord must give the tenant sufficient time to vacate the property.

If either party violates these laws, they can be held legally accountable, and the affected party can file a complaint.

Furthermore, the Rental Law grants the Rental Disputes Committee in the UAE significant powers. The committee can apply certain rulings on its own, without needing a complaint from the affected party to hold the other party accountable and impose fines.

The Rental Disputes Committee handles rental disputes in the UAE between landlords and tenants with a sense of urgency.

If you require assistance with rental dispute cases in the UAE, you should contact Samaha Legal Consultants.

Rights of the Tenant and the Landlord

• A lease agreement, like any other contract, grants rights and imposes obligations on both parties. The Rental Law clarifies these rights and obligations, outlining what each party can do normally and when facing a problem or disagreement.
• According to Article 4 of the law, the landlord must hand over the property to the tenant in a condition that is fit for the purpose of the agreement. A tenant renting a residential property has the right to expect it to be suitable for living without any issues that would prevent this, thereby avoiding rental disputes .
• Based on this right, a tenant can file a request with the Rental Disputes Committee in the UAE to terminate the contract, receive a rent refund, or have the rent reduced if it becomes clear that the rented property does not serve its intended purpose.
• According to Article 6 of the law, the landlord must maintain and repair the leased property to ensure it is suitable for its intended use, unless the contract states otherwise.
• If the landlord refuses or is slow to perform necessary maintenance after being notified, the tenant has the right to carry out the repairs and deduct the costs from the rent. However, they must first obtain approval from the Rental Disputes Committee in the UAE.
• The tenant must obtain written permission from the landlord if they wish to make any alterations to the property. This is not required only in cases where the desired change does not cause any damage to the property. If the tenant fails to comply with this, the landlord can demand that the property be restored to its original condition, according to Article 12 of the Rental Law.
• The tenant must pay all utility bills, including water, electricity, and telephone, for the duration of the contract, unless the contract specifies otherwise.

If you need legal advice regarding rental disputes in the UAE, you should contact us at Samaha Legal Consultants, a law firm specializing in this area in the UAE, conact us via WhatsApp or Phone +971544447773.

What is Direct Legal Action in the UAE? Direct Legal Action in the UAE can be defined as the lawsuit filed by the creditor against their debtor’s debtor. This right is granted to the creditor based on a specific provision of law.

Direct Legal Action is characterized by features that distinguish it from other claims available to creditors (such as the Action for Simulation (Action Paulienne) or the Action to Prevent Disposition). It is considered an exception to the principle of the relative effect of contracts.

Under the Civil Transactions Law, a contract establishes a set of obligations only between its two parties (i.e., between the original creditor and the original debtor). However, Direct Legal Action permits the creditor to bypass the relativity of the contract’s effects and claim directly against their debtor’s debtor.

Furthermore, unlike the Indirect Legal Action, in Direct Legal Action, the creditor is not acting as a representative (agent) of their debtor in the lawsuit; rather, they are considered the original plaintiff acting on their own behalf against their debtor’s debtor.

Conditions for Filing a Direct Legal Action in the UAE

The conditions for filing a Direct Legal Action in the UAE are as follows:

1. The creditor’s right against the original debtor must be due and payable.
2. The creditor’s right must be undisputed; that is, there should be no ongoing legal conflict between the creditor and their original debtor.
3. There must be a clear legal text that grants the creditor the right to file the Direct Legal Action against their debtor’s debtor.
4. In addition to the above, the general substantive and formal conditions for filing any lawsuit must be met, including the conditions of **Standing (Al-Sifah), Capacity (Al-Ahliyyah), and Interest (Al-Maṣlaḥah), as well as the conditions of subject-matter, pecuniary value, and territorial jurisdiction of the court.

By contacting Samaha Legal Consultants Office, you can ascertain all the necessary conditions for Direct Legal Action in the UAE and ensure the legal application of these conditions.

Read more: Direct Action in the UAE

Steps for Initiating a Direct Legal Action in the UAE

The steps for initiating a Direct Legal Action  are similar to those of any other civil lawsuit filed before the civil courts. The Direct Legal Action must be filed in accordance with the provisions of the Civil Procedure Law. This involves including all the mandatory data in the lawsuit and then registering it directly with the competent court administration or submitting it electronically through the applications available with the UAE Ministry of Justice.

The claim in the Direct Legal Action, filed by the creditor against their debtor’s debtor, must meet all the necessary conditions and documents. It is highly advisable to submit it through a lawyer specialized in such claims, such as Samaha Legal Consultants Office.

The Significance and Effects of Direct Legal Action

The significance of Direct Legal Action in the UAE stems from the effects it has on the creditor, their debtor, and the debtor’s debtor.

Effects on the Creditor

• Claiming against their debtor’s debtor in their personal name, without needing to join their original debtor as a party to the lawsuit.
• Exclusion from competition by other creditors. Other creditors cannot participate in dividing the funds claimed through the Direct Legal Action on a pro rata basis (qismat ghuramā’), provided the Direct Legal Action has been filed.
• Direct Legal Action is generally free from defenses that the defendant (the debtor’s debtor) might raise against the original creditor. The debtor’s debtor does not have the right to pay the debt to their original creditor after the lawsuit has been filed.
• Filing a Direct Legal Action does not constitute a waiver of the creditor’s right to claim against their original debtor; they can claim against both parties.

Effects on the Original Debtor

The most important effect of the Direct Legal Action in the UAE on the Original Debtor is that they cannot claim the debt from their debtor’s debtor and are not entitled to collect that debt once the lawsuit is properly filed and notified to them. The inability of the original debtor to dispose of the debt subject to the Direct Legal Action also means they lose the right to conclude a settlement with their debtor’s debtor or to completely waive the debt.

Effects on the Debtor’s Debtor

These effects include the inability of the debtor’s debtor to reject the lawsuit, as it is considered one of the original claims established by law, filed by the creditor in an original capacity, not as a representative of the debtor.

Consequently, upon being formally notified of the Direct Legal Action against them, the Debtor’s Debtor must not proceed with paying the debt to their original creditor. However, if the payment was made before they were notified of the lawsuit and they were unaware of it, the payment is considered valid, and they can plead before the court that the plaintiff is no longer entitled to their claim based on this payment.

It is worth noting that the liability of the original debtor and their debtor’s debtor towards the creditor in the Direct Legal Action in the UAE is considered joint and several liability.

You can understand the effects of Direct Legal Action in the UAE on the creditor, the debtor, and the debtor’s debtor by consulting a specialized lawyer, such as Samaha Legal Consultants Office.

Examples of Direct Legal Action

there are examples of Direct Legal Action in the UAE, including, but not limited to:

• The landlord’s claim against the sub-tenant (sublessee).
• The injured party’s claim against insurance companies in car accidents.
• The real estate buyer’s recourse against the contractor who contracted with the property seller.

When is a Direct Legal Action Dismissed in the UAE?

A Direct Legal Action is dismissed if the necessary conditions for filing the lawsuit are not met. For instance, if the debt claimed by the creditor is not yet due and payable, or if the lawsuit is filed directly against the debtor’s debtor after the debtor’s debtor has already paid the debt to their original creditor.

If you require a lawyer’s consultation regarding Direct Legal Action in the UAE, please contact Samaha Legal Consultants Office, where you will receive full legal support from the best lawyers specializing in civil cases. Contact Us.

What is the Civil Statement of Claim in the UAE ? The Civil Statement of Claim is the pleading document that the Plaintiff submits to the court against the Defendant to claim a right established under the civil systems and laws in the UAE, particularly the Civil Transactions Law and other related legislation. The filing and judicial processing of the Civil Statement of Claim in the UAE are governed by the provisions of the Civil Procedures Law.

Characteristics of Filing a Civil Statement of Claim in the UAE

A Civil Statement of Claim in the UAE is filed with the Competent Court according to the rules of pecuniary value, territorial, and subject-matter jurisdiction. The Plaintiff must adhere to the procedures stipulated in the Civil Procedures Law when filing the claim.

When is a Civil Statement of Claim Filed

A Civil Statement of Claim in the UAE can be filed by the Plaintiff against the Defendant when the Plaintiff has a civil right against the Defendant, based on the provisions of the Civil Transactions Law. These situations include:

1. When a contract exists between the parties and one party breaches the obligations imposed upon them by the contract.
2. When one party commits a fault that results in damage to the other, necessitating compensation for the damage (Torts).
3. In cases of trespass upon private property, such as encroaching upon or unlawfully possessing real estate owned by another party.
4. In lawsuits concerning usufruct and servitude rights.
5. In lawsuits related to sale and partnership contracts.
6. In lawsuits concerning obligations arising between a contractor and the employer.

With the assistance of Samaha Legal Consultants Office, you can ensure that the Civil Statement of Claim in the UAE is filed correctly and legally in all these situations.

Read also: The Best Civil Lawyer In UAE

How is a Civil Statement of Claim Filed?

By reviewing the provisions of the Civil Procedures Law, the Plaintiff must submit the Civil Statement of Claim  to the Competent Court Administration, either by visiting the court directly or by submitting it electronically through the applications made available by the UAE Ministry of Justice.

The Civil Statement of Claim in the UAE should ideally be submitted by a specialized lawyer, such as Samaha Legal Consultants Office, and must encompass several key details, including, but not limited to:

1. Personal data of both the Plaintiff and the Defendant.
2. The subject matter and facts of the lawsuit.
3. The legal basis and documents supporting the claim.
4. The Plaintiff’s demands (relief sought).
5. The signature of the Plaintiff or their legal representative (e.g., Samaha Legal Consultants Office) and the date the claim was drafted.
6. Required Attachments with the Civil Statement of Claim.

The documents that must be attached to the Civil Statement of Claim  vary according to the subject matter of the lawsuit.

• If the lawsuit relates to the breach of contract clauses, the Plaintiff must attach the contract executed between them and the Defendant, along with all documents proving the breach of obligations.
• If the lawsuit concerns the recovery of possession, the Plaintiff must attach all documents proving that they had quiet, public, and continuous possession of the property for a period exceeding one year.
• If the Civil Statement of Claim concerns a demand for compensation for incurred damage, whether material or moral, the affected Plaintiff must submit the claim accompanied by all documents demonstrating the damage they suffered as a result of the Defendant’s fault.

By consulting a specialized lawyer, such as Samaha Legal Consultants Office, you can properly prepare all the necessary documents for submitting the Civil Statement of Claim in the UAE.

What Steps Follow the Submission of the Civil Statement of Claim?

After submitting the Civil Statement of Claim to the Case Management Office of the competent court, the following steps ensue:

1. The lawsuit is registered in its dedicated record, either electronically or manually.
2. The date of registration must be recorded, and the Plaintiff must be notified of the hearing date.
3. The Plaintiff must pay the prescribed fees immediately upon registration, within a period not exceeding three working days from the day following the payment notification, failing which the registration will be considered void.
4. Upon registration, the Plaintiff must deposit copies of the claim equal to the number of defendants, plus one copy for the Case Management Office.
5. The Defendant must file a Statement of Defense along with copies of their supporting documents within ten working days from the date of being notified of the lawsuit.

Tips for Drafting the Civil Statement of Claim in the UAE

Any person wishing to file a claim concerning a right established in the Civil Transactions Law and other related civil laws must submit a Civil Statement of Claim in the UAE. To ensure this document is robust, the following steps should be followed:

• Consult a specialized lawyer, such as Samaha Legal Consultants Office, to correctly draft the Civil Statement of Claim.
• Prepare the claim to include all the mandatory data required to be mentioned in the statement.
• Do not file the claim without gathering all the necessary evidence and proof to substantiate the right being claimed.
• Verify the Competent Court for hearing the civil lawsuit.

If you have any consultation regarding the Civil Statement of Claim in the UAE, contact us at Samaha Legal Consultants Company in the UAE.

We are always your optimal choice. Contact Us.

Submitting a University appeal in the UAE Many people ask about the meaning of submitting a leniency petition to a university in the UAE, and what are the conditions and steps for filing such a request. This article will clarify these points and provide a sample template for a leniency petition in the UAE.

If you are looking for a specialized lawyer to secure the best phrasing for a University appeal in the UAE you should contact Samaha Legal Consultants Office.

When Can a University appeal in the UAE

A leniency petition to a university in the UAE must be submitted in accordance with the university’s prescribed regulations and controls, which are set forth based on the administrative and educational policies of each institution.

A University appeal in the UAE can be defined as any claim asserting the improper application of one of the university’s academic policies or procedures, or requesting the exemption of the student from one of the university’s prevailing academic policies or procedures.

Generally, university policies stipulate the procedures related to academic grievances and academic petitions. There is a difference between the two: a grievance is a complaint or claim submitted by the student detailing ill-treatment or unfair treatment regarding an academic matter, or a matter related to their enrolment at the university.

Therefore, a student at a university cannot submit an academic petition or a leniency petition to a university in the UAE except in the following cases:

• The university’s incorrect application of academic policies and procedures to the student.
• A request for exemption from one of the university’s prevailing academic policies or procedures.
• A grievance regarding ill-treatment or unfair treatment in an academic matter.
• A petition concerning an issue related to their enrolment at the university.

Conditions for Submitting a Leniency Petition to a University in the UAE

There are specific conditions that must be fulfilled for the process of submitting a University appeal in the UAE to be completed, which are:

• The leniency petition or appeal must be submitted by a student who is currently registered at the university, or who was previously enrolled and wishes to return.
• The leniency petition must relate to the application of academic policies or procedures that affect the student.
• The leniency petition must be submitted to the authority responsible for handling academic grievances and petitions at the university, which is usually the office responsible for student affairs.
• The petition must be submitted within the timeframe specified by the university for processing such requests. Generally, the petition must be submitted during the academic semester in which the incident subject to the grievance or petition occurred.

Steps for University appeal in the UAE

The student submitting a University appeal in the UAE must follow these steps:

1. The leniency petition must be submitted in written format to the college in which the student is enrolled.
2. All required supporting documents must be attached to the petition.
3. The college must study the petition submitted by the student and refer its recommendations to the Student Cases Committee.
4. The leniency petition may be submitted to the Office of the Dean of Admission and Registration in cases that fall outside the purview and responsibilities of the colleges.
5. Colleges may submit the leniency petition or appeal to the Student Cases Committee on behalf of the student.
6. The Student Cases Committee is formed to rule on leniency petitions, appeals, or grievances submitted to the university’s colleges.
7. The Student Cases Committee meets periodically as necessary.
8. The Student Cases Committee studies and rules on the leniency petitions.
9. The decisions issued by the Student Cases Committee are considered final after they are ratified.

Read also: Appealing Administrative Judgments in the UAE

Sample Leniency Petition in the UAE

Samaha Legal Consultants Office presents a sample template for a leniency petition to a university in the UAE regarding readmission:

To [University Name] Applicant: University Student: [Student Name] | University ID: [Student ID]

Subject: Petition for Readmission to the Current Semester

Whereas I was registered at the University in the College of [College Name], and due to my specific circumstances,
I was unable to continue my studies during the first semester, which is the current semester.

This was due to very private family circumstances, specifically my mother’s illness and my necessary accompaniment of her in the hospital.

Given that I am still within the first semester, I hereby submit this leniency petition to the Deanship of the University to readmit me to the current academic semester.

I attach a medical report regarding my mother’s condition, a statement of my academic grades at the University,
and the date of my enrolment. I implore your esteemed office to accept my request and readmit me to the University.

Please accept my utmost respect and appreciation.

University Student: [Student Name] Signature: [Signature]

A student wishing to submit a readmission request can also do so electronically through the official websites of the university they were studying at, by filling in the required data. The request of University appeal will then be referred to the competent authority.

In this article, we have clarified everything concerning the leniency petition to a university in the UAE,
including the appropriate time to submit it.

If you require legal consultation regarding a leniency petition to a university in the UAE,
you should contact a specialized law firm like Samaha Legal Consultants Office in the UAE. We are always your optimal choice. Contact Us.

Drafting an Employment Contract in the UAE Pursuant to Article 1 of the UAE Labour Law, an Employment Contract is defined as an agreement established between the employer and the worker, which clarifies that the worker shall perform work under the supervision and management of the employer in exchange for an agreed-upon wage. This definition clearly demonstrates the importance of drafting an employment contract in the UAE.

If you are seeking a specialized law firm for consultation regarding drafting an employment contract in the UAE, you should contact Samaha Legal Consultants Office.

The Significance of Drafting an Employment Contract in the UAE

The legally sound drafting of an employment contract in the UAE can be considered one of the most essential steps in defining the rights and obligations incumbent upon both parties to the labour relationship. This secures and guarantees the prevention of any legal disputes in the future.

Drafting an employment contract in the UAE requires accurately documenting all the essential required data in the contract, followed by recording any additional or optional terms.

It is crucial to ensure that the worker’s rights in the employment contract are no less than the rights stipulated for them in the UAE Labour Law; this is subsequently documented in the contract.

The worker must utilize the legal expertise of an employment lawyer when drafting an employment contract in the UAE to ensure all their rights are guaranteed under the contract.

Conversely, the employer must also seek consultation from Samaha Office when drafting an employment contract with any worker they intend to employ, in order to pre-empt future labour disputes that may adversely affect the establishment.

Essential Elements Required When Drafting an Employment Contract

The UAE Ministry of Human Resources and Emiratisation (MoHRE) has issued an Advisory Model Employment Contract that contains all the principal data required to be mentioned when drafting an employment contract in the UAE. This contract can effectively serve as a template for any employer who needs to execute a legally compliant employment contract with a worker.

Concurrently, both parties to the employment relationship have the right to include any terms they wish, provided that these terms do not violate the provisions of the UAE Labour Law, its Executive Regulations, or the general public order and morality in the Emirates, through the drafting of the employment contract.

The essential elements that must be present when drafting an employment contract in the UAE are:

1. Detailed information of the Employer.
2. Detailed information of the Worker.
3. The nature of the work to be performed by the worker for the employer.
4. The duration of the employment contract (if fixed-term) and the clause for its renewal.
5. A statement on the method of contract termination.
6. The agreed-upon wage for the worker, along with all allowances and compensation.
7. The worker’s rights, consistent with the rights stipulated in the UAE Labour Law, and their obligatory commitments.
8. The employer’s rights and obligations.
9. The contract’s submission to the Labour Law for matters not explicitly covered by a provision.
10. The contract must be drawn up in two original copies, one for each party.
11. Signatures of both parties on the contract.

These are the primary data that must be included when drafting an employment contract in the UAE; otherwise, the contract may be deemed void. However, there are some secondary or optional details that can be mutually agreed upon between the worker and the employer, such as placing the worker under probation and the non-compete clause.

Model Draft of an Employment Contract in the UAE

Samaha Office will assist you in providing the best model draft of an employment contract in the UAE as follows:

First Party: The Employer (Details) Second Party: The Worker (Details)

Contract Preamble:

Whereas the First Party is a Limited Liability Company operating in the field of [….] and wishes to employ a worker specialized in [….], and whereas the Second Party possesses the qualifications to fill this position, the will of both parties has converged to agree upon the following points in the drafting of this employment contract in the UAE:

1. The Contract Preamble is an integral and indivisible part of the employment contract.
2. The Second Party shall work for the First Party in the capacity of [Job Title].
3. The term of the contract is one full Gregorian year, commencing on [Date] and ending on [Date], with the possibility of renewal unless one party notifies the other of their desire not to renew at least two months prior to the expiry of the term.
4. The Second Party shall be subject to a probationary period of three months, during which either party has the right to terminate the contract without notice or compensation.
5. The First Party shall pay the Second Party a monthly wage of [Amount] AED, along with all allowances and compensation stipulated in the internal work regulation.
6. The Employer has the right to terminate the employment contract if the worker commits gross violations in accordance with the relevant provisions of the UAE Labour Law.
7. The Worker undertakes not to compete with the Employer in the commercial activity practiced by the Employer for a period of two years from the date of the termination of the employment relationship, and this restriction shall apply in the [Specify Area] region.
8. Disputes arising between the worker and the employer shall be resolved in accordance with the provisions established by the UAE Labour Law.
9. This contract has been executed in two copies, with one copy for each party.

First Party (Employer): [Signature] Second Party (Worker): [Signature]

What Types of Employment Contracts Require Drafting

A variety of contracts require the drafting of an employment contract in the UAE, including:

• Full-Time Contract
• Part-Time Contract
• Temporary Contract
• Flexible Work Contract
• Remote Work Contract
• Job Sharing Contract
• Electronic Employment Contract

Having presented all aspects related to drafting an employment contract in the UAE, ensuring its compliance with the UAE Labour Law and its Executive Regulations, and its adherence to the essential elements of the Advisory Contract issued by the Ministry of Human Resources and Emiratisationز

if you require consultation regarding drafting an employment contract in the UAE, you should contact Samaha Legal Consultants Office. We are your optimal choice for drafting an employment contract in the UAE.