أسئلة وأجوبة
Enforcement of rental contract in case of its early termination
Our tenant has requested an early termination of their contract on our property in Dubai. The agreement provides for a penalty of two months on early termination. However, the real estate agent managing the property on our behalf is unwilling to pursue this with the tenant. Further, they are refusing to give us a pro-rata refund of the management fee.
How can we enforce the contract with the tenant in regards to the early termination penalty and what rights do we have to recover a proportion of the management fee?
ISSUE WITH THE TENANT: A contract cannot confer rights or impose obligations arising under it on any person or agent except the parties to it. Therefore whoever is the Landlord pertaining to the lease agreement with the tenant can enforce the obligation.
ISSUE WITH THE AGENT: You should ensure that the agent managing the property adhere to your conditions and for that, you need a proper agreement. I cannot comment on your rights unless I review your current contract with the agent.
Best regards,
Mrs. Nikhat S Khan (ACIArb)
Mob: +971 50 88 555 99 / Mail: nikhat@kochhardubai.com
