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Can I leave the flat before the contract ends without paying compensation?

Hello,

I am living in a flat with a contract ending in November, and my landlord sent me an eviction notice last March. I now wish to leave the flat in August.

Can I leave the flat before the end of the contract based on the eviction notice, or do I need to give 3 months' notice?

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Al Fahad Legal Consulting
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27 Jun 2024, 12:36

Dear Questioner,

Thanks for your inquiry!

Regarding the above, we would like to inform you that, in the UAE, tenancy laws can vary slightly between emirates, but there are general principles that apply across the country.

Here's how to handle your situation regarding early termination of your lease in light of an eviction notice:

Key Points to Consider:

1. Eviction Notice:

- Validity: Ensure the eviction notice adheres to legal requirements, such as a 12-month notice period and a valid reason (e.g., landlord’s personal use or selling the property).

- End of Contract: Even with an eviction notice, you are generally bound by the lease terms until it expires.

2. Early Termination:

- Lease Terms: Check your lease agreement for clauses related to early termination, including penalties or conditions.

- Mutual Agreement: Discuss with your landlord the possibility of leaving early. They may agree to waive penalties if they have planned for eviction.

3. Notice Period:

- Standard Notice: Typically, tenants must provide a 3-month notice for early termination. Verify this requirement in your lease agreement and local tenancy laws.

- Eviction Context: You might negotiate a shorter notice period due to the eviction notice.

Steps to Take:

1. Review Lease Agreement: Check terms for early termination and notice periods.

2. Communicate with Landlord:

- Explain your situation and request to leave early.

- Propose a mutually agreeable solution, potentially waiving the remaining rent or notice period.

3. Provide Notice:

- If your landlord agrees, provide written notice of your intention to leave.

- If no agreement is reached, adhere to the standard notice period specified in your lease (usually 3 months).

If there is any dispute or if you're unsure of your rights, consult with us as legal professionals specializing in UAE tenancy law for specific guidance.

By following these steps, you can address the situation effectively and potentially leave your flat before the end of the contract in a legally compliant manner.

Kindly do not hesitate to contact us via phone or email for further guidance.

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Hend Humaid Alnuaimi Advocates & Legal Consultants
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28 Jun 2024, 06:01

It depends on the terms of your lease and the laws in your jurisdiction. In some cases, a valid eviction notice may allow you to terminate the lease early without penalty.

However, it is important to review your lease agreement to understand your rights and obligations in this situation.

Additionally, giving the landlord 3 months' notice may be required in order to avoid any potential consequences.

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Lex Resolvo Consultancy
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28 Jun 2024, 08:10

Hi,

You will need to negotiate with the landlord. You would most likely have to pay a penalty amount for ending the contract early. Even so, you would have to provide a notice to your landlord.

Hope this helps!

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Amiri Advocates & Legal Consultants
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28 Jun 2024, 21:27

If the lease contract stipulates an early termination penalty, you have to pay that penalty.

The eviction notice does not exempt you from the early termination penalty.

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KHE Legal Consultancy
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2 Jul 2024, 07:22

Even though the landlord served you an eviction notice, you have to comply with the tenancy contract.

Under Dubai rental law, both these documents have different perspectives. If you want to terminate the contract before expiry, you have to serve the notice required by the contract.

If you need further clarification, kindly share your WhatsApp number.

2 Jul 2024, 07:22

If you need further clarification, kindly share your WhatsApp number.

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