Questions & Answers
Questions & Answers
10 available 10 • View allInterpretation of the early termination clause in a tenancy contract
Q: Hi,
We just received our eviction notice from our Landlord for next summer 2018. We, however, would prefer exiting earlier.
In our current lease contract, we have the following clause: "The Parties agree that there may be instances where the tenant shall need to terminate the lease early. In this event, and in accordance with the current guidelines, the tenant must provide the landlord with a written 2 months of notice. The landlord agrees to refund any outstanding rental amount."
Kindly can you confirm the below:
This means that we still get to stay in the house for the 2 month notice period and there is no penalty charge.
The date on the letter is the 1st day of the 2 month notice period (notice given 23.08.2017, out by 22.10.2017).
Do we need the written notice to be notarized or does an emailed letter suffice?
Thank you very much and best regards,
S.W
Aug 23, 2017
3084
Early termination of tenancy contract in Dubai
Q: Hi,
My rental contract expires in December 2016, however, since I can't afford the rent I am giving my two months notice to vacate the place by September 2016 paying 2 months rent.
However, the landlord tells me that I can't stay in the place during my notice period and I still have to pay rent for 2 months.
Please advise.
Aug 3, 2016
51692
Penalty payable in case of early termination of tenancy contract
Q: My tenancy contract specifies that "In the event of early termination, Tenant shall have to serve two-month written notice prior to the vacating date and to pay two months rent as a penalty to the landlord and the remaining balance to be refunded".
Based on that, please advise if during the two months notice I can stay in the property and paying those two months rent (which are effectively already paid) are the penalty or if after the two months notice an additional two months rent should be paid as a penalty?
Thank you
Jul 8, 2017
12978
Application of the notice period and penalty for early exit of tenancy
Q: Dear Sir,
I am renting a house in Dubai. The yearly rent is paid with 2 cheques. I have been renting the house for 8 months. The landlord has already cashed in the 2 cheques.
My tenancy agreement includes an exit clause for early termination: "In the event of the tenancy contract being broken by the tenant, he/she will have to give the landlord 60 days' notice".
The tenancy agreement will end in 4 months. I informed the landlord that I will leave the house within 60 days. He told me that he will not refund the remaining 2 months. What should I do?
Jun 7, 2018
1116
Notice period for early termination of tenancy agreement
Q: Hi,
I am a tenant and my tenancy agreement ends in July 2019.
However, due to some reasons, I have to vacate the place and make an early exit from the contract. My contract doesn't say anything regarding pre-exit
However, the annexure says 2 months notice. Am I obliged to pay for 2 months as the landlord is being very rude and not replying to my emails/messages or calls?
Jan 9, 2019
4028
Premature termination of tenancy contract and penalty
Q: Our lease has an addendum that says we have a 2-month penalty for early termination. We are having a baby and will need to move to a bigger place.
We have asked to terminate our contract 4 months early and our management company said 'No'. Is it possible to just deny us the right to terminate our contract?
May 9, 2019
601
Demand of rent without agreement and deposit of security cheque
Q: I was a resident of Sharjah and was staying in a 2 BHK apartment.
As I was looking for a furnished apartment on rent for a short span of 6 months only, the landlord denied to make the agreement but verbally decided to accept the rent upfront each month and asked for 1-month rent as security.
I objected to giving any security deposit but promised to pay rent at the beginning of each month and gave him a cheque with 1-month rent amount if I don’t make the payment at the beginning of the month but not a security deposit.
Due to living with the family, I had to look for another option I moved to a new apartment before the new month started.
Now, the landlord is asking for rent for the month in which I’m not going to stay and threatening me to deposit the cheque of AED 1,600/- and get the cheque bounced and take legal action to put me behind the bar.
I have paid AED 1,000/- for utility in advance for which bill was generated as AED 640/- only. What are the legal ways to come out of this??
Jul 9, 2019
735
Right of the landlord to claim penalty from the tenant for early exit
Q: Hi,
My question pertains to a rental cheque bounce where the property is in Dubai and the landlord is based in Abu Dhabi.
Due to unexpected circumstances, we informed the landlord of cancelling the tenancy contract midway.
And in spite of giving 2 months notice and paying the rent for the number of days stayed, the landlord deposited the upcoming rent cheque - which bounced.
The contract has a 2-month rent penalty which the landlord is claiming.
The landlord filed a criminal case in Abu Dhabi, and I was forced to pay a fine of AED 26,000 at the Abu Dhabi police station. The bounced cheque is for AED 127,500.
Now the landlord is filing a civil case for the entire cheque value when his due is only AED 28,300 (2 months rent). The annual rent was AED 170,000.
1. Can he successfully file a civil (cheque bounce) case and get a judgement in Abu Dhabi? If so, can I appeal?
2. As this is a rental issue, should it only be heard in the Rental Dispute Committee in Dubai?
Thank you for your time,
A.
Mar 11, 2020
1034
Early exit of rent and penalty payable to the landlord
Q: Hi
I am a tenant in Abu Dhabi. I have been staying in the same apartment, for the last 6 years.
I had given 2 months notice to vacate the apartment in case the rent is not reduced. But the landlord did not reduce my rent. Unfortunately, I am not able to move to another apartment, within the notice period.
So I asked him for an extension of 10 days, or for 4 months since I will be moving to Dubai within 4 months as my husband is working in Dubai. But he refused to give any extension.
Now, what are my rights in case of early termination, he is telling that I am supposed to give him 2 months notice, and after completion of 2 months notice, I am liable to pay him another 2 months rent.
Please advise what are my rights under this.
Dec 19, 2019
821
Is the tenant obliged to pay paint cost and penalty for early exit from rent?
Q: I have been asked to pay AED 1000 for paint while early exiting the flat. The flat is very neat and is like 5% painting needed which is almost in every case it would be.
I stay in Abu Dhabi. Also, I paid Approx AED 10,000 as a penalty for 2 months. I completed 4 months out of 6 months contract. I am not sure what to do in this case.
Am I liable to pay for the paint at least?
I can't find anything on the contract. The refundable deposit fee is AED 2500.
I saw on Tawtheeq, that there is nothing mentioned about bearing costs of painting or even a penalty for exiting early.
Jun 29, 2022
586
Laws & Regulations
2 available 2 • View allLaw No. (26) of 2007 Regulating the Relationship between Landlords and Tenants in the Emirate of Dubai
The provisions of this Law apply to real property leased out in the Emirate of Dubai, including vacant and agricultural lands, but excluding hotel establishments and real property provided by natural or legal persons as accommodation to their employees at no charge.
Nov 26, 2007
24288
Law No. (33) of 2008 Amending Law No. (26) of 2007 Regulating the Relationship between Landlords and Tenants in the Emirate of Dubai
Provisions of this Law supersede articles (2), (3), (4), (9), (13), (14), (15), (25), (26), (29), and (36) of Law No. (26) of 2007 Regulating the Relationship between Landlords and Tenants in the Emirate of Dubai.
Dec 1, 2008
24950
Premium
Other answers by
342 342 answers •
View allHow can I vacate my tenant if the rental agreement ends before the eviction notice deadline?
My Dubai tenant's rental agreement is ending by the end of September 2024 and the completion of 12 months of legally served Eviction Notice is the end of December 2024.
I have two questions:
(a) Can I send a rent increase notice 3 months before as the rent has increased as per the RERA rent calculator?
(b) The second question is, do I have to renew the rental agreement for 3 months (until December 2024) or not?
Thank you.
May 1, 2024
269
How can I reach a settlement with the bank for a mortgage of a jointly owned property?
I have a jointly owned property in Abu Dhabi. The mortgage was defaulted on as I had to leave the property with my children following an assault by my ex-husband. He left the country in 2018 and never paid the mortgage.
As I was in the country, the bank filed a criminal case against me, and I was sentenced to 3 years. I won the appeal against the bank and then filed another criminal case a few months later in Dubai. Again, I won and paid a fine.
In 2019, the bank started a civil case against me and my ex-husband to have the property repossessed. However, at the time of the purchase of the property, there were no Title Deeds, the bank requires this.
I cannot give them the Title Deeds to sell the property and pay back the amount owed to them as my ex-husband refuses to provide a POA. The bank has filed another criminal case against me only for our jointly owned property.
I wish to resolve this and pay off the bank and receive any money left from the sale. How can I resolve this issue of the Title Deeds?
Oct 4, 2022
285
The procedures for filing for divorce on mutual consent
Dear sir/madam,
I am separated from my wife due to compatibility reasons. We got married in the Indian consulate in Dubai on December, 23rd.
We would like to file a divorce on mutual consent as soon as possible. May I get some advice here on the procedures?
Sep 13, 2022
676
My previous employer failed to pay my gratuity. Can I file a case 6 months after resignation?
My previous employer failed to pay my gratuity six months past now since I resigned, Is it possible to file a case against him after a 6 months period?
May 31, 2022
1275
Can a real estate agency hold a percentage of a property sale until transfer is done?
A real estate agency has signed an MOU stating that a 10% security deposit from the buyer and the seller will be kept in the real estate agency and will be released upon transferring the property.
The transfer of the property was blocked due to the court order.
According to my colleagues, the real estate agency is not a trustee and they are not allowed to have taken my security check in the first place, is this correct?
Jun 28, 2021
1264
Get quotes from lawyers
Find the right lawyer for your legal needs.
Submit your request and get multiple
competitive offers from
qualified lawyers.
Popular Q&A
View all Looking for something else?
Ask for advice from a lawyer