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Tenant wants to leave apartment early after eviction notice: Is he entitled to a refund?

Dear Sir/Madam,

I am in the process of selling an apartment that is tenanted until February 2024. In April 2023, I served the tenant with an eviction notice due to my plan to sell, which means he has until April 2024 to leave the apartment.

The contract stipulates that he is liable for two months' rent for early termination.

The tenant has informed me that he wishes to leave immediately and is demanding a refund of rent paid for the entire remaining period of the contract.

He claims that, according to the DLD, he can leave with no notice and without any penalty due to the eviction notice. Is he correct?

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Amiri Advocates & Legal Consultants
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1 Jul 2023, 09:54

Dear Questioner,

You are entitled to a deduction of 2 months' rent.

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Mohamed Bakheet Advocates & Legal Consultants
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1 Jul 2023, 19:45

Dear Questioner,

Because you sent him an eviction notice but he still has to implement the contract terms and conditions.

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Maryam Hayyaz & Wejdan Bushahab Advocates
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2 Jul 2023, 18:57

Dear Questioner,

The eviction notice does not change the terms and conditions of the present tenancy agreement. So both parties should follow the terms.

Thank you!

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KHE Legal Consultancy
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3 Jul 2023, 11:54

There is no clause stating no need to serve the notice if the tenant wants to leave the apartment during the period of eviction notice.

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Maryam Alyassi Advocates and Legal Consultants
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4 Jul 2023, 06:55

Hello,

As per your query, please note that the tenant is liable to pay 2 months' rent as per the early termination.

Please email us for any query.

4 Jul 2023, 06:55

Thank you

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