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When to Hire Property and Real Estate Lawyers in UAE

There are many cases wherein a landlord needs to hire an attorney for help in managing issues regarding property disputes. If you are one, then you most likely to have a lawyer “on retainer” (where you pay a lawyer in advance to handle routine questions and issues). Fortunately, you shouldn’t feel the need to constantly consult a lawyer or even keep one under your wing, “just in case. However, you have to be able to recognize those situations when expert help is needed — even if it’s just for some advice and coaching.

Landlords are fundamentally no different than any other business owner – they aim to make their business profitable while steering clear of liability. In certain situations, hiring (or consulting with) a lawyer to help achieve these goals is a smart move. Here are some of the most common scenarios wherein professional insight or expertise is required:

Evicting a Tenant

In UAE, an eviction lawsuit takes much less time than regular civil cases. But in exchange for expedited treatment landlords must follow highly detailed rules, from notifying the tenant of the local laws to filing the right papers of eviction in the court. In addition, because it’s the tenant’s home that’s at stake, many judges will set the bar very high when it comes to ruling in the landlord’s favor. Winning an eviction lawsuit can be difficult if not handled by expert lawyers. It is better to hire a lawyer if:

  • This is your first eviction
  • The tenant is fighting the eviction and has a lawyer
  • The tenant is an employee whom you’re firing
  • The tenant is filing for bankruptcy, or
  • Complying with the rent control or housing program rules for eviction.

Also, read this -Termination of tenancy contract (by landlord)

If the tenant fails to pay rent

Paying rent on time is a tenant’s legal obligation. In some cases, the tenant fails to pay rent for months together and recovering that amount can be a difficult task. Consulting a lawyer at this point will give your perspective on how to deal with such cases. If required, the landlord will be able to file a case in the against the tenant with the help of property lawyer and real estate

Being investigated or sued for illegal discrimination

Landlords can get accusations for discrimination from prospects they reject or tenants they evict for illegitimate business reasons. If a tenant sues you for discrimination and you are being investigated for a claim, then you will probably want to consult with a lawyer.

Sued for injury or illness

If a tenant or employee files a complaint or lawsuit for an injury or illness that you allegedly caused will most certainly want to hire a lawyer to defend you. Cases such as these are typically high stakes, and personal injury lawyers know their way through these cases much better than you do. Also, you may find it difficult to comfort a tenant who has suffered a serious loss, even though you believe you should not be held responsible.

Any lawyer you hire will be emotionally detached from the case and experienced in effectively negotiating these types of situations.

Sued for major property damages

A legal case can be filed by if they think that you have failed to maintain the rental property caused damage to their property.  In case if the claims are high you may decide to refer to a professional lawyer. When the claim is low if it’s brought in small claims court.

If the tenant causes potential damage to the premises

Most tenancy agreements have certain mandates regarding how to maintain the premises. If the tenant breaches this mandate and causes potential damage to the landlord’s property, then the landlord has every right to ask for compensation. Here the landlord can either choose to do it himself or hire a lawyer to speed up the process. Getting a lawyer is useful in such cases as they can deal with the issue of staying while emotionally detached.

If the tenant makes any improvements against landlords wishes

Government authorities often provide certification that improvements, alterations, and repairs to your property that exist at the time of the survey are not in violation of laws or other restrictions. If the tenant has made any latest improvement is or alteration and it is in violation of a local ordinance or other law then we will need a lawyer to help deal such issues.

Property Lawyers in UAE

Landlord and tenant alike experience some very specific legal issues and matters, and real property laws vary can vary from one emirate to the next. Regardless of what types of legal issues you are involved in the help of a lawyer are indispensable. Your local real estate attorney should be knowledgeable about the real estate laws and regulations and can help you navigate through the process, from filing your claim to trial, if necessary. Call us today for a initial consultation!

Hassan Humaid Al Suwaidi., LL.B. is a Senior Partner in HHS Lawyers. He has 20 years of experience dealing with high-value and complex cases. Frequently featured in local and international legal directories and commended for his ability to attain favorable outcomes for clients, Hassan has been involved in some of the largest legal settlements. A major part of his work is providing expert legal advice on UAE legislation and acting for individuals and businesses during disputes and litigation. Read more