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Refusing to return the remaining rental cheques despite providing a proper notice

Dear sir/madam,

Can a landlord refuse to return the remaining rental cheques if the tenancy agreement has been terminated earlier with proper notice in place?

I am vacating a quarter earlier, but the landlord refuses to return the 4th quarter cheque until I vacate the premises and he makes post-inspection despite having a separate security deposit amount in place.

Arkhurst & Abdellah Solicitors
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14 Feb 2022, 16:29

Dear questioner,

Many thanks for your inquiry. The answer is no, once your landlord agrees to let you go earlier, he has a right to ask for a 2-month penalty rent if the same is written into the contract, including the rent from your last rent date until the date you actually move out.

As long as you pay this to him in cash or other means and it is received, he must return your rent cheques to you.

On the last day of your departure, he must inspect the property with you, pointing out any issues, get your agreement on it and appropriately make a deduction from your damage deposit.

If he continues to hold your rent cheques, raise a dispute with the appropriate authorities in your Emirate.

Many Thanks!

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