Q: A message saying that residents will be fined Dh1,000 for parking in a disabled bay or overlapping into two parking bays has been posted on the lift in my tower. I want to know if it is legal for a landlord or building management in the UAE to impose fines on tenants. And if so, is the burden of proof on the tenant or landlord? How are the legal rights of the tenants ensured?
A: You need to review the terms of your tenancy contract and the general policy of the parking area. Only if it states in either that the landlord or building management will impose fines for those who breach stated rules can they impose the fine. Car parks are common areas that are covered by traffic law so if a landlord sees a breach, they are entitled to call the police, who could come and issue a Dh1,000 fine. The landlord also has the right to complain to police and the rental dispute court if they see a breach that may affect other tenants’ rights, even if it is not stated in the contract of the person.
Q: I signed a two-year contract that said I could not work with a competitor even after the contract has expired. I want to work for a competitor now so I want to know if it was possible that my company could put an employment ban on me?
A: As per article 127 of the Labour Law, the company can lodge a claim before the labour office against you and against your new employer to terminate your new employment contract with the competitor, and your old employer could claim compensation. The matter can also be transferred to court. It is then up to the court’s discretion whether or not your new employment contract will be terminated and whether or not a ban would be placed on you. So you would be putting yourself in a difficult position if you were to take up employment with a competitor.
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