Home MIDDLE EAST ‘I was frisked by a store in a UAE mall without consent, is it allowed?’

‘I was frisked by a store in a UAE mall without consent, is it allowed?’

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‘I was  frisked by a store in a UAE mall without consent, is it allowed?’

Illegal frisking

Question: According to UAE Labour Law, is the shop management at a shopping mall allowed by law to do physical frisking without personal consent? In case the alarm at the exit door goes off, does the accused person have the right to lodge a complaint with the police or go to court to file a compensation claim for defamation? Please advise.

Answer: I would like to clarify to the questioner that such behaviour is against the law and no one is legally entitled to do a physical search on another person without consent or in circumstances other than the specific situations determined by law and by the authorities concerned only. Therefore, the questioner may file a complaint before the Public Prosecution against the shop management and the shop employee who conducted a search on him and Public Prosecution may refer the said person to the criminal court. Also, the questioner may file a case before the civil court against the shop management and its employee to claim compensation for moral damages due to such illegal action.

Grounds for eviction of tenant

Question: I would like to know the Rent Law with regard to a landlord’s right to evict the tenant from the property prior to the expiry of the tenancy contract.

Answer: I would like to clarify to the questioner that Article 25 of Law No 33 of 2008 by the amendment of some of the provisions of the Law No 26 of 2007 concerning the regulation of the relationship between landlords and tenants of properties in Dubai, states the following:

‘Landlord may demand eviction of tenant prior to the expiry of tenancy period in the following cases:

A) If the tenant fails to pay rent value, or part thereof, within thirty (30) days of landlord’s notification for payment — unless parties agreed otherwise.

B) If tenant subleases the property, or part thereof, without the landlord’s written approval, then eviction shall be applicable to the tenant and the subtenant and the subtenant’s right to refer to the tenant for compensation shall be reserved.

C) If tenant uses, or allows others to use, the property for illegal or immoral activities.

D) If the leased property is a commercial shop and the tenant leaves the same without occupation and without legal reason for 30 continual days or 90 non-continual days in one year — unless the parties agreed otherwise.

E) If the tenant causes changes that endanger the safety of the property in a way that it cannot be restored to its original condition or if he causes damage to the property intentionally or due to his gross negligence to take proper precautions or if he allows others to cause such damage.

F) If the tenant uses the property for purposes other than the purpose it was leased for or if he uses the property in a way that violates planning, building and land regulations.

G) If the property is in danger of collapse provided that the landlord must prove such condition by a technical report issued by Dubai Municipality or accredited by it.

H) If the tenant fails to observe legal obligations or tenancy contract conditions within 30 days from the date of notification by the landlord to abide by such obligations or conditions.

I) If development requirements in the emirate require demolition and reconstruction of the property in accordance with government authorities’ instructions.

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Also, for the purpose of this clause (1) of this Article, the landlord must notify the tenant through the Notary Public or by registered mail.’