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Tenant gave early notice but stayed: Can I change terms to prevent early termination?

Dear Sir/Madam,

My tenancy contract states that there is a two-month notice period and a two-month rent penalty for early termination.

After four months of the contract, the tenant gave me an email notice saying that he was opting for early termination, but then he chose to continue with the contract on the date when he was supposed to vacate.

Can I allow him to continue on the condition that the early termination clause will no longer be available to him and that he must complete every yearly contract that he renews going forward, since his words cannot be trusted anymore and his actions have upset my plans and resulted in hardship for me as the landlord?

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Dar Al Haqooq Legal Consultancy
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24 Sep 2023, 19:52

Dear Client,

Thanks for your question! I hope you are doing well. I will definitely assist you in this matter.

You can negotiate with the tenant to modify the terms of the lease going forward, such as removing the early termination clause.

Ensure any changes are documented in writing and agreed upon by both parties.

Consult with us; we can help you ensure the modification complies with UAE rental laws.

For any further legal assistance, you can WhatsApp us. We have an extensive team of knowledgeable and experienced lawyers to provide the legal assistance you need.

We will definitely be happy to help you.

Thanks & Regards,

ABDUL WAHIED

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Shamsa Albedwawi Advocates & Legal Consultants
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25 Sep 2023, 05:29

Dear Questioner,

No, you cannot impose such a condition on the tenant.

According to UAE law, the tenant is allowed to terminate the tenancy contract early, provided they give the required notice and pay the penalty.

If the tenant has chosen to continue in the contract, then you must accept that. You cannot impose any additional conditions on the tenant.

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KHE Legal Consultancy
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25 Sep 2023, 06:17

Dear Questioner,

The contract still continues with the same tenant as he has not vacated the property.

If you want, you can send him an eviction notice to evict him from the property since he has already mentioned his intention to move in proper communication. Otherwise, you can let him stay.

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