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Dubai, UAE

Termination of a tenancy contract before its due date by a tenant

Hello,

I'm the landlord of a flat in Dubai. I have rent out it to a tenant from 01/08/2019 to 31/07/2020.

The tenant has paid all with 2 checks. On 05, February, he told me that he wants to early terminate the contract and leave the flat on 05, April. In our addendum, it is written that:

18. In the event of termination of contract prior to the mentioned date of expiry, the tenant will have to inform the landlord with a 60 days prior written notice and indemnify the landlord with an amount equivalent of 2-month rent.

I understand that for sure he has to pay normal rent until 05, April and after that, he has to indemnify me with an amount like 2 months of penalty.

He understands that he has not to pay a penalty. Only stay until 5, April and leave.

What do you think about this?

In my opinion, "indemnify" means that he has to pay a penalty for my loss (the flat is empty, etc).

Dr Amira Al Bastaki Advocates and Legal Consultants
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11 Feb 2020, 07:17

Dear Sir,

Regarding the above-mentioned subject.

I would like to give you some legal information such as (Pacta sunt servanda) which means that agreement must be kept.

Furthermore, if it is not mentioned in the contract, you as a landlord can go to the judge and ask him to put a penalty on the tenant, because the rental contract is a (time contract) which isn't accepted to get finished (ended) before its date.

Please contact us for further legal information via phone or email.

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