Questions & Answers
Questions & Answers
9 available 9 • View allInterpretation of the early termination clause in a tenancy contract
5
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
Penalty payable in case of early termination of tenancy contract
9
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
12979
Reducing rent or terminating the contract without penalty because of force majeure



1
Q: Dear lawyers,
We need your help.
I and my home mate are working in the same airline company as air hostesses and we are renting an apartment together.
We are not flying as it used to be before, because of the coronavirus crisis which means that we are not paid for flying hours and in addition to that, our basic salary is officially deducted by 40%, effective from 1st April. We are now in a critical situation.
We are not able to afford our rent due to force majeure and an unexpected situation. We shared this situation with our landlord, however, he is not showing any goodwill; either for reducing the rental fee or letting us check out from the apartment without penalty (he is basically asking for 1-month notice + 2 months early check out penalty).
I can prove that the latest salary that I will get will be evidence of our situation. Can you help us with legal advice if we can check out without paying any penalty?
Your support will be appreciated.
Our kind regards,




Mar 24, 2020
793
The landlord right to keep security deposit for early exit from tenancy

0
Q: I closed a rent contract with my new tenant on 7 December and after 2 weeks she changed her mind and asked me to refund her the security deposit.
She broke the contract and she is threatening me that she is going to make a complaint to RERA. She said that she couldn't open the Ejari even though I provided her with all the necessary documents.
I am not living in Dubai and couldn't do it in my person. So I would like to know if I am entitled to any compensation because she broke the contract?
I refuse to give her the security deposit which was even not fully paid (only 3k). I lost the rent for a month and refused other clients as I already had a contract signed.
Thank you


Feb 13, 2021
513
الخطوات التالية لقبول الاستشكال
2
س: السلام عليكم،
سؤال في قضية إيجارية:
سكنت لمدة ستة أشهر في أبوظبي كمستأجر بعقد موثَّق، وكانت الكهرباء والمياه على المؤجِّر. دفعت نقدًا قبل السكن ومعي الإيصالات.
في أول شهر من الإيجار أخطرت الشركة المؤجِّرة بعدم التجديد (إيميل) نظرًا لسوء حالة الوحدة، وأخليت العين بشهادة شاهدين قبل انتهاء العقد ب 3 أيام، وسلَّمت المفتاح لمدير الشركة في مقر عملي أمام الكاميرات وبشهادة زميل لي.
انتقلت بعدها لسكن آخر موثَّق أيضًا على بُعد ناصيتين وهذه المرة بحساب مياه وكهرباء منفصل. بعد مضي 4 أشهر على انتهاء العقد، قامت الشركة بتقديم طلب لدائرة القضاء في أبو ظبى مطالبة بإرفاق العقد الموثق بالصيغة التنفيذية و"مطالبتي بالإخلاء والقيمة الإيجارية عن 6 أشهر أخرى وبراءة ذمة المياه والكهرباء"، وهو ما أيدته لجنة الإيجارات، وبعدها بيوم أحالت الطلب للتنفيذ.
قدمنا استشكالاً في اليوم التالي لـ"القضية التنفيذية"، وكان الرد بعد عشرة أيام بالقبول.
هل هذا يعني إسقاط القضية أم لا؟
وإن لا، فما الخطوة التي يمكننا إثبات موقفنا بها (بعد 21 يومًا من الطلب)؟

Sep 5, 2021
363
Rights of the tenant in case of early exit from rent
1
Q: Hi,
I've rented an apartment in Dubai from 01.02.21 - 31.01.22. I've paid in advance as well as a deposit of 5%. Then, due to a job-related change, we agreed I can move out early on 07.10.21.
I've handed over the apartment, but now the landlord doesn't want to refund me the rent for the remaining 4 months or deposit paid (total value of AED 45,000).
I've chased him since move-out. Then he reached out asking me to pay service charges that the developer has charged him (for this he sent me to account details to HIS own account with the developer - in his account are outstanding charges that go back to 2019).
I told him I'll pay the services charges pro-rata if he pays me what he owes me. As I didn't hear back, I sent a legal notice.
Now he sent me an email detailing 20 items of fees he expects me to pay (many are made up such as 5 lost keys with a cost of 500 each, and huge renovation charges, etc.).
Please get back to me via email.
Thanks,
A. K.

Nov 1, 2021
314
A tenant vacates an apartment without a notice. What to do?


2
Q: Hi,
I am based in the UK and have an apartment in Dubai. It was left to a Russian/Moldovan who has not paid the rent when due on 24th May.
He gave notice on 8th June and handed the keys back afterwards. He is currently abroad.
There is a full contract and Ejari in place. Can I pursue him for the rent? The agreement also states 2 months' notice and 2 months' penalty if terminated early, so it is a considerable amount.



Jul 17, 2022
516
هل توجد مهلة قانونية للمستأجر للبقاء بالعين المؤجرة لمدة بعد انتهاء مدة عقد الإيجار؟
12
س: السلام عليكم،
هل توجد مهلة قانونية للمستأجر للبقاء بالعين المؤجرة لمدة بعد انتهاء مدة عقد الإيجار المذكورة بالعقد؟
لا يوجد اتفاق بين المؤجر والمستأجر على قيمة الأجرة الجديدة ويرغب المستأجر في البحث عن سكن آخر.

Jul 21, 2022
7580
Tenant gave early notice but stayed: Can I change terms to prevent early termination?


1
Q: Dear Sir/Madam,
My tenancy contract states that there is a two-month notice period and a two-month rent penalty for early termination.
After four months of the contract, the tenant gave me an email notice saying that he was opting for early termination, but then he chose to continue with the contract on the date when he was supposed to vacate.
Can I allow him to continue on the condition that the early termination clause will no longer be available to him and that he must complete every yearly contract that he renews going forward, since his words cannot be trusted anymore and his actions have upset my plans and resulted in hardship for me as the landlord?



Sep 25, 2023
146
Laws & Regulations
2 available 2 • View allLaw No. (26) of 2007 Regulating the Relationship between Landlords and Tenants in the Emirate of Dubai 12
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
24290
Law No. (33) of 2008 Amending Law No. (26) of 2007 Regulating the Relationship between Landlords and Tenants in the Emirate of Dubai 8
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
24954

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