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Can a tenant claim compensation if they leave early and I re-lease the apartment?

Dear Lawyers,

My Dubai tenant's rental agreement is ending at the end of November 2024, and the completion of the 12-month legally served eviction notice (for reasons of personal use or sale) is at the end of March 2025.

The tenant still has 9 months until the eviction notice date. However, the tenant has sent a notice stating that as per the above-mentioned eviction notice, he wants to vacate the property by giving one month's notice, as per the tenancy agreement.

I don't have any problem with the tenant leaving as it is as per the tenancy agreement, but my question is, once the tenant leaves, can he still file a case and claim compensation if I lease the apartment to someone else within the next two years or not?

Thanks in advance!

متميز
هند حميد النعيمي للمحاماة والاستشارات القانونية
دردشة توظيف
اجتماع
2 Jul 2024, 07:17

Dear Questioner,

Based on the information provided, if the tenant has given notice as per the terms of the tenancy agreement and is vacating the property in accordance with the eviction notice, they may not have grounds to file a case or claim compensation for you leasing the apartment to another person within the next two years.

However, it is always recommended to seek legal assistance and review the specific terms of your tenancy agreement and the laws in Dubai to ensure you understand your rights and responsibilities as a landlord.

It is also important to maintain clear communication with the tenant throughout the process to avoid any misunderstandings or disputes.

متميز
ناصر يوسف الخميس للمحاماة والاستشارات القانونية
دردشة
توظيف
اجتماع
2 Jul 2024, 07:22

Yes, the tenant can file a compensation case if you lease it within 2 years.

Please contact me on [-------] for detailed discussion and assistance.

متميز
كي إتش إي للاستشارات القانونية
دردشة توظيف
اجتماع
2 Jul 2024, 07:30

Hello,

Your tenant can vacate with one month's notice as per the agreement. However, since you served an eviction notice for personal use or sale, there is a potential complication.

If you lease a property within two years, there might be a possibility for your tenant to argue that they were unfairly evicted and claim compensation.

Otherwise, while you are renting the apartment within two years, the previous tenant will have to get priority.

For further clarification, kindly share your WhatsApp number.

متميز
الحجية النوبي للمحاماة والاستشارات القانونية
دردشة
توظيف
اجتماع
2 Jul 2024, 07:33

Hello,

Since you have issued an official eviction notice and the tenant has confirmed their intention to vacate the property based on this notice, the tenant has the right to claim compensation if you do not use the property for personal use or sell it as stated in your notice.

The court will decide if the eviction was mutual at the end of the contract or based on the eviction notice.

Your position may be weak unless you obtain an explicit written statement from the tenant confirming that they will vacate the property at the end of the contract term amicably and not based on the eviction notice and that they will not file a case for compensation against you.

متميز
علوي الجابري للمحاماة والاستشارات القانونية
دردشة توظيف
اجتماع
2 Jul 2024, 08:57

No, he can't if he leaves of his own choice, and you must have legal proof that he left.

متميز
الفهد للاستشارات القانونية
دردشة توظيف
اجتماع
2 Jul 2024, 11:44

Dear Questioner,

Thanks for your inquiry!

Regarding the above, we would like to inform you that, according to Article 25 of the UAE Tenancy Law, if a tenant terminates the tenancy contract before the end of the contract period, they are required to pay compensation to the landlord.

This compensation is equivalent to the rent for the remaining period of the contract or for three months, whichever is less.

In your case, since the tenant has given one month's notice and is leaving before the end of the contract period, they are required to pay compensation for the remaining 9 months of the contract.

This means that if you lease the apartment to another person within the next two years, the previous tenant can file a case and claim compensation for the remaining 9 months of the contract.

However, if the tenant leaves after the end of the contract period (March 2025 in your case), they will not be entitled to any compensation if you lease the apartment to another person.

It is important to note that the tenant can only file a case for compensation if they have fulfilled all their obligations under the tenancy contract, such as paying rent and maintaining the property in good condition.

If they have not fulfilled these obligations, they may not be entitled to compensation.

It is recommended to consult with us at [-------] as a legal professional for specific advice on your situation.

Greetings,

متميز
جاسم علي الحداد للمحاماة والاستشارات القانونية
دردشة توظيف
اجتماع
2 Jul 2024, 12:24

Dear Questioner,

If the tenant wants to leave the apartment after a month, there is no problem provided that an agreement is made on that.

If anything else is required, don’t hesitate to contact us via email or call our offices in Dubai at [-------] or Sharjah at [-------].

Jasim Al Haddad Law Firm

Legal Counsel and Consultations

متميز
أميري محامون ومستشارون قانونيون
دردشة توظيف
اجتماع
2 Jul 2024, 19:41

The law does not cover every scenario, and there is no specific provision for the situation being discussed.

However, when the law determines that the landlord issues an eviction notice to a tenant and then rents the property to another person at a higher price, the original tenant has the right to claim compensation.

The law does this to prevent landlords from exploiting the law, pressuring tenants, and manipulating them to increase rent.

In your case, if you rented the property to another tenant after the original tenant vacated before the agreed-upon time, you have not manipulated the original tenant.

There is a wasted period of eight months, and you have the right to rent the property for eight months.

Since rental contracts are for one year, it becomes your right to rent it for one year. The tenant is the one who changed your plans.

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