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Provisions of the notice period before the expiry of tenancy

My contract ends on 20th Feb 2020 and I have informed the landlord on the 24th of December to amend the rent or allow us to vacate on the mentioned date.

They have replied that the contract will be automatically renewed as we have not given 60 days notice (technically it is 59 days given) and that if we wish to vacate he is asking us to pay two months rent as a penalty.

Kindly advise.

Maha Bin Hendi Law Firm
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30 Dec 2019, 06:03

Hello.

First of all, the contract can not be renewed unilaterally, without the consent of all parties. Any disputes regarding lease should be referred to RDC.

30 Dec 2019, 06:18

Hi Elias,

There is a clause in the contract stating that if a notice of 60 days is not given, the contract is automatically renewed.

Is this clause enforceable?

30 Dec 2019, 06:43

Generally, if you have signed a contract with specific conditions, the contract is enforceable unless the provision of the contract violates the law.

It is better in your case to refer the dispute to RDC. RDC may decide on a mutually acceptable closure of the matter and the amount of penalty if any.

ProConsult Advocates and Legal Consultants
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30 Dec 2019, 08:17

To give you better advice, we need to know:

(i) in which Emirate you are residing?

(ii) Is there any clause in the tenancy agreement mandating such notice within 60 days?

You can also contact us by phone or email.

HPL Yamalova & Plewka DMCC
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30 Dec 2019, 08:23

I cover this topic in my legal podcast, LAWGICAL WITH LYLAW, which is a good starting point for you.

In LAWGICAL WITH LYLAW, I cover a variety of legal topics related to the UAE.

If you require further tailored substantive legal advice, contact my firm via email for options on moving forward.

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