- Legal Articles
- Ask Elhais
April 22, 2020|
The administration of UAE is undertaking brisk activities to make consoling commotions for helping may organizations registered within UAE. Several free-zone authorities are issuing significant relief packages for companies registered within, such as relaxation in rental amount or postponement of rent for half a year.
The Supporting Law
The important question in this discussion is not whether the landlord will decrease or post pone the rental payments, however, the major concern if whether the tenant can claim reduction or postponement of rent under the UAE law due to the pandemic situation.
UAE Federal Law number 5 of 1985 regarding UAE Civil Transactions Law (the Civil Law) is the most pertinent piece of legislation that can assist the tenant in claiming relief under situation of coronavirus. Importantly, Article 249 of the Civil law states that in cases of exceptional circumstances that could not have been foreseen or is considered as a force majeure event as a result of which it prevents either party to perform its contractual obligations, the judge has the authority or discretionary power to reduce the obligation to a reasonable level.
In line with the foregoing provision and under Article 273 of the Civil Law, which states if a force majeure event persists thereby making a contract impossible to execute either partially or completely, all contractual obligations will cease to effect or the contract will be terminated. In such event, the tenant may approach the court authorities for seeking relief under rental contracts. Additionally, if the lease agreement is terminated under Article 273, the court may order to restore both the parties position as what it was prior to the agreement and/or may order for compensation to either party if it may deem relevant.
Nevertheless, the court is yet to decide whether the situation of coronavirus is to be considered as a force majeure event, as the law does not classify the type of force majeure events.
In light of present circumstances, Abu Dhabi government on 23 March 2020 issued an order for Abu Dhabi judicial Department to temporarily suspend all the eviction cases during the pandemic situation.
In this regards, if your tenancy contract is about to expire or is expired you may send the written request to your landlord seeking for extension of another 3 months on the basis of existing terms and conditions due to coronavirus situation.
Nevertheless, if the landlord still insists you on vacating the premises, you may approach either seek legal advice from Top Lawyers in Abu Dhabi or may approach the Rental Dispute Committee and register a complaint against the landlord. Similarly, the Ruler of Dubai has temporarily suspended all eviction orders for residential and commercial facilities and all imprisonment orders related to rental dispute within the Emirate.
Copyright © of this article is retained by the author and/or other copyright owners. We explicitly grant you permission to download a copy, without any alteration, of this article for personal non-commercial research or study, without prior permission or any charge. This article can be utilized on your website or for marketing, however, we grant you permission to host this article on your website and no other rights. This content should not be altered in any way or sold commercially in any format without prior permission of the copyright holder. During reference of this article, full biographic details entailing the name of the author, his designation, the institute and the publishing date of the article shall be provided.
I owe the success of my case to Dr. Hassan's diligent approach. He remained focused, put me at ease and always went the extra mile. Dr. Hassan tirelessly put my case in the best possible light and I cannot thank him enough. I would highly recommend Dr. Hassan - I am grateful to him from the bottom of my heart.
Dr. Hassan Elhais is among the best legal consultants I have ever worked with. He has an amazing ability to reduce complex issues into a simple concept that non-legal people can understand. He consistently develops innovative litigation strategies that help us to achieve our ultimate legal goals.
...the extraordinary effort that has been exerted by the staff, and we specially thank Dr. Hassan Mohsen Alhais. Wishing your continues success & excellence...
I believe everyone should recognize what a difference Dr. Hassan Elhais work has made to people's lives; and especially to our family's life, because we will remain forever grateful to each and every one of his team.
Dr. Hassan Elhais never fears cases that involve exposure and he always gives me his honest assessment of our chances of success, which is invaluable to me.
He aided us not only in providing legal advice but also in all legal issues that required a long term strategic approach to achieve most favorable and optimum outcomes he provided us with high level of professional service.
Dr. Hassan Elhais is a responsible, reputable counsel who operates to high levels of service.
Dr Hassan Elhais is responsive, thorough and creative with his advice, and is a valued advisor and legal consultant.
Regardless of the complexity of the matter I know Dr. Hassan Elhais will consider not only legal strategy but also business practicalities in providing advice and litigation options.
I recommend Dr. Hassan Elhais to anyone who says 'I'm in legal trouble'. I was extremely satisfied with the high standard of his work. He has always been there when I have needed him and I refer all my clients, family and friends to him/his firm.
Dr. Hassan Elhais was very professional and he listened to my needs. He was very prompt, efficient and always kept me informed. Dr. Hassan Elhais's service was excellent and I would definitely recommend him to friends and colleagues.
Your email address will not be published. Required fields are marked *