Questions & Answers
Questions & Answers
8 available 8 • View allEarly termination of a tenancy contract with a notice period


1
Q: Dear sir/madam,
My tenancy contract expires on 17.07. 2020. On 22.12.2019, I emailed the owner with a termination of the contract to be on 31.03.2020.
The contract says:
The Lessee may terminate Contract and vacate Premises following the Labor's written consent and upon Lessee agreeing the following:
(a) Provide at least two months written notice to the Lessor prior to the expiry of the Term of its intention to vacate the Premises where such notice once served cannot be retracted unless the Lessor provides its written consent;
(b) Settlement of the Lessors administration fee currently in force for breaking the Contract prior to the expiry of the Term, subject to the Lessor's approval. The Lessor is not obliged to refund to the Lessee any difference in rent in case of an early break of the Contract.
The owner says that this notice period is applicable only to non-renewal, not early termination so either to pay penalty or complete till 16.07.2020.
Is this true? Is there a limit to the penalty to 2 or 3 months or can they ask for more?



Dec 24, 2019
846
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
802
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
12985
Is a non-renewable residential tenancy contract legal in Dubai?

1
Q: Is a non-renewable residential tenancy contract legal in Dubai?
My landlord is insisting on putting a new line in the addendum stating that the contract is not renewable.
Thank you.


Jan 21, 2022
956
Can the landlord change tenancy contract terms without consent of the tenant?
1
Q: My rent agreement includes 2 parking spaces (the landlord owns multiple units in the apartment complex).
Now that it has come time for renewal, the landlord is saying only 1 parking space is assigned to the unit per the title deed and I will not have access to the other parking space, i.e. the contract will be amended when renewed to be now just 1 parking allocation.
Does not seem legally right to me but if the landlord has found a legal loophole fair play to them - seems the clear black or white answer.
Kindly advise if the landlord can do it or not.
Many thanks.

Jan 25, 2022
915
How to clear a rental case raised by the landlord for renewing rent unilaterally?
0
Q: I just found out I have a rental case in Dubai.
In the flat where I stayed, I have informed the landlord that I will not renew the contract before I went on vacation.
I had canceled the water and electricity and got a clearance certificate but did not complete the closing process and the landlord wants me to hand over it personally while I informed them that I’m out of the country.
I have paid an authorized person to process the handover while I’m out of the country but still they don’t accept it.
They automatically renewed the contract as per the old agreement and went legal. There is a judgment also from RDC court to pay rent of 22k and evacuate.
1. There are no pending cheques. Is this a criminal case or a civil case?
2. Can I make an appeal?
3. Can I also make a request to bargain the amount to be paid as I don’t have a job right now.
4. What will happen if I will not pay?

Mar 6, 2022
263
The landlord renewed my tenancy contract without my knowledge or signature, what to do?

1
Q: Assalamu Alaikum,
In 2019, I rented a studio in Al Ain for a short term with a fixed monthly rent payment. I was paying every month by 4 months.
In the middle of the 4th month, due to problems with the owner of the studio, I informed him that I was moving out of his studio. On December 20, 2019, I left his studio and handed over the keys to his office.
On 24 January 2020, the owner, without my knowledge, registered a rental contract with me for a year at Municipality. On this rental agreement, in place of my signature, there is a signature scan from my Emirates ID which was placed without my knowledge.
The landlord took me to Enforcement Court where I was ordered to pay 39,000 as rent. The Court of enforcement blocked my bank account.
What should I do, how can I legally claim my rights?
Can I appeal against the judge's decision?
How can I prove my innocence legally and try to extort money in my opinion?
What are the court fees and fees for the possible assistance of a lawyer through his services?


Mar 23, 2022
338
The enforceability of a non-renewable clause in a tenancy agreement
6
Q: Dear sir/madam,
"This contract is non-renewable".
Kindly clarify on the enforceability of this clause in the tenancy agreement if we are forced to sign this as a tenant. Further, we would like to know if this clause can be challenged if the landlord file for eviction at RERA.

Dec 14, 2022
900
Laws & Regulations
3 available 3 • 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
24303
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
24984
Decree No. (26) of 2013 Concerning the Rent Disputes Settlement Centre in the Emirate of Dubai 0
This Decree establishes a specialised judicial system to hear rent disputes and develops the procedure for determination of such disputes through an expeditious and simple process for the purpose of realising social and economic stability for all persons involved with the real property rental and other related sectors.
Sep 18, 2013
7299

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Max deduction for severance pay due to damage/negligence in UAE 0
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Canceling my MoU and getting my deposit back due to a low bank valuation and overpriced property 0
Hi,
I wanted to purchase a 2-bedroom apartment in JVC Dubai. I gave a 10% security deposit cheque to the seller. The price mentioned in the MoU is very high compared to other similar apartments in the same building.
The bank’s valuation also came in very low. Since the valuation is much lower, how can I terminate the MoU and get my cheque back? The MoU ends on 1st October 2024.
One of the articles in the MoU states:
In the event that the Buyer fails to make the payments as agreed or fails to complete the transfer on the agreed date due to his own acts or omissions, the Seller has the right to terminate this agreement and retain the deposit, provided that the termination is due to a violation of the agreed terms, unless both parties agree amicably to different dates.
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Sep 16, 2024
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ما الطُرق المتاحة للإنذار بأمر الأداء قبل إقامة الدعوى؟ 0
صباح الخير،
ما الطُرق المتاحة للإنذار بأمر الأداء قبل إقامة الدعوى في حال كون المدَّعِي (فرد) والمدَّعَى عليه (شركة) في الإمارات؟
شكرًا!
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استحقاق المحامي نسبة من الفائدة القانونية رغم إبرام عقد سنوي بمبلغ مقطوع 0
السلام عليكم،
اتفقت الشركة مع مكتب محاماة على عقد سنوي بمبلغ مقطوع بالإضافة إلى نسبة من المبلغ الذي يتم تحصيله من القضايا.
هل يستحق المحامي نسبة من الفائدة القانونية المقضي بها حكمًا؟
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