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Landlord Holding Tenancy Contract, Case of Financial Scam, & more.

Landlord Holding Tenancy Contract, Case of Financial Scam, & more.

Drive Live

Dubai Eye 103.8

16 April 2018

Host
There’s just so much more to hear. Download our podcasts at DubaiI1038.com.

Host
Drive Live Talks Legal. Guest today is Ludmila Yamalova from Yamalova and Plewka. Ludmila, great to see you.

Ludmila Yamalova
Good to be here.

Host
Okay, we’re going to start today a little differently. We have a topic that we want to discuss. But first of all, I just want to mention, if you want to get a question to Ludmila, it gets so busy. We have 45 minutes of her precious and possibly quite expensive time. So if you want to use it, this is your opportunity. You can call us at 423 1010 or you can text 4001 or via the free messaging app.

Now, we’re going to go straight to a caller. We’ve got Mesabin on the line, and she has a question for Ludmila. Hello, first of all.

Mesabin
Hello, hi, it’s Mesabin here. How are you?

Host
Good, thank you. What’s your legal query for Ludmila?

Mesabin
Yeah, my concern here is that I have paid my rental checks to the landlord in four installments along with the Ejari fee to the landlord’s representative, which is a real estate company. However, they have not provided me with the contract yet.

Host
And Ejari—are they holding it because they are asking for an administration fee?

Mesabin
Yes. I have been a tenant in this building for the past five years, and there has not been any administration fee until now. This year, there was a change in the managerial position, and the new manager implemented this fee by giving three months’ notice. He now declines to give me the contract unless I pay the administration fee.

Host
Just for clarification purposes, you said you’ve been in this property for five years. Who had been managing this property before the current representative?

Mesabin
It was the same real estate company, but they were not charging an admin fee before.

Host
And the new manager is asking for this fee now?

Mesabin
Yes, he is adamant.

Ludmila Yamalova
Sure, so contractually, they cannot do that because legally, a contract cannot be amended unilaterally. He cannot simply add a new term to the contract on his own.

That said, in practical terms, since you’ve signed and paid the checks, they have control over registering your contract. However, this does not impact your legal position because as long as you’ve paid and previous contracts have been registered with Ejari, you have a valid rental agreement.

You can even go to Ejari yourself and try to register the contract independently. Do you at least have a countersigned copy of the contract?

Mesabin
No, I don’t have the signed copy. I signed it and gave it to them, but they haven’t signed it or returned it to me.

Ludmila Yamalova
But the checks—have they been cashed?

Mesabin
Yes, they have. I also have the receipts for the payments.

Ludmila Yamalova
In that case, you are in compliance with the law. If the Ejari is not updated, it doesn’t invalidate your contract. My recommendation would be to contact the landlord directly, bypassing the real estate company, since the landlord has already accepted the checks.

Mesabin
The landlord belongs to the royal family, so it’s hard to reach them directly. This feels more like an ego issue with the manager who implemented this fee.

Host
Is there a possibility Mesabin could go to the Rental Dispute Centre (RDC) with proof of payment to get a resolution?

Ludmila Yamalova
The RDC typically handles active disputes, and there’s not a formal dispute here yet. Since you have paid the rent, you are on solid legal ground. My advice would be to work with Ejari directly to get the registration sorted.

Also, moving forward, always make sure to keep a copy or scan of anything you sign. It’s a useful practice to avoid similar issues.

Host
Thank you, Ludmila. And Mesabin, best of luck resolving this matter.

Host
Let’s move to another interesting case about a fraud sentence making headlines—a 500+ year jail term. Ludmila, can you explain this?

Ludmila Yamalova
This case involved over 500 criminal complaints against a company running a fraudulent scheme. Each case resulted in a one-year sentence, leading to the cumulative 500+ years. However, the sentence reflects the volume of complaints rather than the severity of any single offense.

Host
Does this punishment mean victims are compensated?

Ludmila Yamalova
Not directly. Criminal cases punish the wrongdoers, but compensation for victims must be pursued through civil court. While the criminal judgment can help substantiate claims, victims need to verify whether the company has any recoverable assets.

Host
Here’s a question from a listener: “Can we start a business on the side while working full-time? Do I need employer permission?”

Ludmila Yamalova
It depends on the type of business. If you’re only developing the idea, that’s fine. However, if you’re conducting commercial activities, you’ll need proper licensing and, typically, an NOC from your employer.

Host
We’ve run out of time, but thank you for joining us, Ludmila.

Ludmila Yamalova
Always a pleasure.

Host
That’s Ludmila Yamalova from Yamalova & Plewka. Tune in next week for more legal insights.

Outro
There’s just so much more to hear. Download our podcasts at DubaiI1038.com.

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