Questions & Answers
Questions & Answers
7 available 7 • View allPenalty 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
Should I pay two-month rent penalty in case of early termination of my tenancy?
Q: Hi.
I am a tenant and gave notice to my landlord on 3rd July 2017.
The contract was for 12 months starting March 2017 but had the following provisions:
"The Parties agree that there may be instances where the Tenant shall need to terminate the lease early, and in accordance with current guidelines the Tenant will give a two-month notice and two-month rent penalty in the case of immediate vacation."
The landlord did not come to the pre-agreed date of vacating the premises on the 7th of September because I refused to pay him the two-month penalty, although I had already given him over 2 months notice.
He is saying I have to pay him the additional 2 months even though I read it as only payable if I vacated immediately.
Sep 15, 2017
44458
Interpretation 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
Penalty for early termination of the lease contract
Q: I have a studio in discovery gardens. I have taken it on 4 cheques. My 3rd cheque is from this month, mid of April until mid of July.
I have been transferred to Amsterdam and need to report on duty from June. I have informed the real estate for early termination.
They told me that beside this cheque, I need to pay 2 months rent plus 1000 penalty.
Can you advise how much do I have to pay for early termination as per the law?
Apr 10, 2019
563
Consequences of terminating a lease contract after releasing first payment
Q: Hi,
I signed a lease contract for a villa in Dubai with start date Nov 1st. Paid 5% deposit to the landlord and a 5% fee to the real estate agent.
Now, as we start discussing details about the move, we are not happy with how the landlord is discussing some small terms.
They are not major issues that would allow us to legally terminate the contract but small things that do not give us the confidence that our life would be easy with them in the future.
Therefore, we would like to cancel such lease contract with start date Nov 1st.
Question is what would be the consequences of such termination? Considering that the contract has not yet started, could we just cancel it now without any penalty and getting our deposit back?
Oct 6, 2020
301
Canceling a one-year tenancy contract before its due date
Q: I want to do early cancellation of my tenancy contract in Sharjah. When I approached my real estate, they said that as per the rules, the contract is valid for one year so it cannot be canceled.
Please advise how to approach the real estate team for cancellation.
Nov 23, 2021
293
هل يعتبر عقد الإيجار عقدًا مضافًا لأجل؟
س: السلام عليكم،
هل يعتبر الإيجار عقدًا مضافًا لأجل؟
وشكرًا!
May 12, 2022
203
Legal blog
1 available 1 • View allWhat You Should Know While Renting a Property in the UAE
An interview-format article covering the topic of residential retail properties pertaining to the liability for property maintenance and the repercussions of defaulting on rent payments in the UAE. This is from the legal podcast of lawyer Ludmila Yamalova, the founder of Lawgical with LYLAW.
Feb 24, 2020
3932
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
24287
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
675
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
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