Dubai is applying strict legal actions against several growing problems. This article deals with two important legal concerns affecting most of the UAE residents and businesses, which include bounced cheques and illegal partition flats. Both may lead to severe troubles like penalties, court cases, or even jail sentences.
This article explains the cheque bounce in Dubai, its legal implications, and talks about the violation with regard to illegal subletting of flats, emphasizing the steps landlords and tenants can take under UAE law. Therefore, whether you are a tenant, landlord, or cheque issuer, it is important to know about your rights and obligations as per the UAE legal system.
Cheque Bounce in Dubai: What Law Says
A bounced cheque in Dubai, especially due to insufficient funds, attracts serious legal consequences. The Commercial Transactions Law of UAE (Federal Decree-law No. 50 of 2022), and the UAE Civil Procedures Law (Federal Decree-law No. 42 of 2022) states that in case a cheque is dishonored, the drawee (the cheque-holder) has rights to file an execution case against the drawer (the individual who issued the cheque).
What is a Writ of Execution?
Under Article 212 of the UAE Civil Procedures Law (Federal Decree-Law No. 42 of 2022), you can file a writ of execution. This is a legal request to the court asking it to enforce payment from the person who has issued a cheque (referred to as the drawer).
The court has jurisdiction over the case, and the cheque must meet other requirements such as having a specific amount and being an unpaid cheque. Evidence consists of the bounced cheque and the bank’s return memo. If accepted by the court, it may cause an order for the drawer to pay the unsettled amount inclusive of court fees and legal costs.
Timeline and Consequences of Non-Payment
According to Article 235 of the same law, the drawer may settle the amount either partially or fully after the drawer is notified by the court. However, if the debtor refuses to make the payment within seven days of the notification, the creditor (applicant for execution) can request the court to issue an arrest warrant under Article 319. In cases where the amount is AED 10,000 or more, a travel ban may also be imposed pursuant to Article 324.
Right to Claim Compensation
Moreover, Articles 663 to Article 667 (inclusive) of the UAE Commercial Transaction Law prescribed a procedure in case of dishonor of cheques and recourse available to the bearer of a dis honored cheque to obtain compensation from a drawer, endorsers, and other obligors as long as the cheque is legally presented and proven dishonored.
It is highly recommended that you seek legal advice to handle such cases efficiently and to ensure adherence to the proper legal process.
Illegal Subletting of Apartments in Dubai: Know the Law –
Even the Dubai authorities are taking strict actions against the illegal room partitions and unauthorized subletting. This is a part of the broader operation to enhance housing safety and to reduce overcrowding.
Is Subletting Legal in Dubai?
Subleasing an apartment in Dubai without landlord approval constitutes a legal violation. Under Article 24 of Law No. 26 of 2007, tenants cannot share or sublease their rented property except when the lease permits it or when the landlord provides written approval.
According to the law, subletting a rented apartment in Dubai without the written consent of the landlord is a legal violation. Article 24 of Law No. 26 of 2007 states that “A tenant may not rent or share the leased property with another tenant unless the lease agreement provides otherwise or the landlord agrees in writing.”
If the tenant sublets without permission, the landlord can:
- Give an eviction notice by notary public or registered post;
- Evict the tenant and the subtenant;
- File a case at the Dubai Rental Dispute Centre (RDC).
Article 25(1)(b) of Law No. 33 of 2008 (the amendment to the original tenancy law) supports this provision.
Eviction Rights of the Landlord
In addition, according to the provision of Article 25(1)(b) of Law No. 33 of 2008 (the 2007 law as amended):
“A Landlord may request eviction of the Tenant from the Real Property before expiry of the Lease Contract, where the Tenant sublets the Real Property or any part thereof without obtaining the Landlord’s written approval. In such a case the eviction will apply to the Tenant and to the Subtenant, who will reserve the right to claim compensation from the Tenant.”
The Landlord must serve an eviction notice to the Tenant through a Notary Public or by registered mail. If the tenant does not comply, the landlords can approach RDC and apply for the resolution of the dispute. The RDC shall have complete authority to resolve any dispute between the landlord and tenant.
Legal Consequences of Illegal Room Partitions in Dubai
No changes can be made to a rental property without prior approvals; this is strictly regulated by Dubai law. Tenants must obtain permission from both the landlord and the relevant authorities prior to any alterations, according to Article 19 of Law No. 26 of 2007.
The Tenant is required to:
- Get written consent from the landlord.
- Follow Dubai Municipality and Civil Defense safety rules.
- All people living in the unit must be included on the Ejari contract.
Violations can lead to:
- Fines range from AED 50,000 to AED 1 million depending on the severity of the violation and whether it’s a repeat offense
- Immediate eviction
- Legal action against both tenant and landlord.
Legal Options for Tenants and Property Owners
Tenants who are served eviction notices due to illegal partitions could file a complaint with the Rental Dispute Centre if they understand the process of evictions in a manner they determine as not fair or improper.
In consultation with a legal professional, it should be possible to secure compensation or additional time for moving out, if a notice was short or there is no written lease.
Landlords facing fines or notices from the authorities can file an appeal before the Dubai Municipality or Land Department if the changes are minor or previously approved by them. In both cases, the presence of experienced legal counsel becomes vital to ensure your rights and limit potential losses.
Steps for Landlords Facing Illegal Subletting
- Review the Tenancy Agreement: Check if the lease includes clauses about subletting and the requirement for written consent.
- Communicate with the Tenant: Write to the tenant to state the unauthorized property sublease and request the removal of the sub-tenant.
- Send a Legal Notice: A notary public or registered post should be used to deliver an official eviction notice to the tenant who has not complied with the request.
- File a Case with RDC: Eviction proceedings and compensation requests should be filed at the Rental Dispute Centre if the tenant does not take any action.
Seek Legal Advice for Smooth Resolution
Understanding your legal rights and following proper procedures remains essential when handling bounced cheques or illegal subletting situations. The UAE provides specific legal solutions for financial and tenancy matters to maintain fairness and responsibility.
How HHS Dubai Lawyers Can Help You
HHS Lawyers in Dubai delivers expert legal services for both cheque bounce cases and real estate disputes.
The legal practitioners at our firm offer the following services:
- The legal team assists clients in both cheque execution filing procedures and defense processes.
- Our team represents clients through legal proceedings for bounced cheque claims and compensation disputes.
- The legal firm assists landlords in issuing correct legal documents while helping them take cases to the Rental Dispute Centre.
- The legal firm advises tenants about their rights and defends them during eviction proceedings.
Need legal support in Dubai? Contact HHS Lawyers in Dubai today
The legal support of HHS Lawyers in UAE stands available to help you resolve bounced cheque matters and disputes about partitioned flats and tenancy issues in Dubai. HHS Lawyers offer specialized legal services which deliver results according to your specific needs. Our legal team stands ready to help you resolve your matter speedily through effective means that follow UAE laws during a consultation today.
