Can I terminate the tenancy contract is the tenant did not pay on the agreed time?

Dear Questioner,

Thanks for your inquiry.

I am very sorry for your situation. Can you please tell me:

1) What does the contract state about the payment date? Does it state that it must be received by a certain time?

2) What does the contract state about late payments?

3) Does the contract state that if the payment is not received by a certain time, the contract is void?

a) What does the contract state about the payment date? Does it state that it must be received by a certain time?

The contract states that the payment must be received by the 12 September.

b) What does the contract state about late payments?

The contract states that if the payment is not received by the 12 September then the contract is void.

c) Does the contract state that if the payment is not received by a certain time, the contract is void?

Yes

If the contract states that the payment must be received by the 12th, and it was not, then the contract is void. This means that you can pull out of the contract without any penalty.

The other party may try to sue for the deposit back, but they would not be successful. The contract is void, and the deposit is forfeit.

I hope this helps and clarifies. Kindly do not hesitate to contact us at ms@alfahadlegal.com for further assistance.

Good luck.

Greetings,

Dear questioner

Yes, you can potentially pull out of the rental agreement, however, you might need to send a formal notice pointing out the breach of contract terms as well as the loss incurred for you.

Dear Inquirer

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If the payment was not received on the due date, then it will be a breach of contract.

The tenant will be responsible for this breach. Moreover, there is no Ejari registered. We will let you know all those possibilities to exit from this transaction without any penalty.

In order to be sure about that, we need to review the contract as well.

Kindly share your WhatsApp number to discuss this further.

Yes, you can still pull out, however, you need to justify our actions visibly by serving a legal notice in which we can ask for penalty or compensation for the delay and then we can hold the deposit if he does not respond positively.

Even in case the tenant raises a dispute, we should show the authority that we have tried to settle the matter amicably.

Dear Questioner,

You may be able to pull out without penalty if the contract provides for cancellation due to non-payment or late payment.

The tenant’s deposit may be forfeited if the contract specifies that failure to make timely payments results in the loss of the deposit.

We need to review the contract to advise you properly. Please send us a copy of the contract by email for review and you can also call us for detailed discussion and assistance.

If you have both signed the lease agreement, neither party has the right to withdraw.

Greetings.

As long as you have not concluded a contract yet, you can withdraw without any legal consequences except for returning the deposit you took from the contract value.

We are honored to provide you with legal support, For further inquiries about your topic, You can come to our office or contact us on WhatsApp.

If he pays the first installment of rent, you cannot cancel the contract

If you have any other inquiries, please contact us by phone.

Dear Inquirer

If the tenant has not met the payment terms as agreed in the contract, and you wish to pull out of the rental agreement, here’s what you need to consider under Dubai rental laws:

Check Contract Terms: Review the rental contract for any clauses related to late payments or non-compliance. The contract may specify consequences for failing to deliver payment as agreed.

Legal Grounds for Termination: Since the tenant did not provide the cheques on the agreed date and there was no Ejari registered yet, you may have grounds to terminate the agreement. Ensure you document all communications and evidence regarding the payment issues.

Return of Deposit: If you decide to terminate the contract, you may be entitled to keep the deposit if the contract specifies that the deposit is non-refundable in cases of default. However, you should review the contract terms or consult a legal professional to confirm this.

Potential Claims: The tenant might claim damages or losses if they believe the termination was unjust. This could involve filing a claim for breach of contract, but if you can demonstrate that the tenant breached the payment terms, you should be in a strong position. It is best to have a lawyer present to prevent any risks that may occur.

If you need further clarification, you can contact us.

Thank you for your inquiry regarding the rental agreement and the tenant’s failure to provide the cheques on time.

Since both parties have signed the contract, it is legally binding, and you may face certain challenges if you pull out without following proper legal procedures.

However, the tenant's failure to provide the cheques on the agreed date can be seen as a breach of contract.

You are entitled to enforce the terms of the contract, including any provisions related to the forfeiture of the deposit or penalties for late payments.

To terminate the contract without penalties, it would be advisable to review the specific terms in the contract regarding default or delayed payments.

If the contract allows for termination under these circumstances, you may proceed, but it is always safer to send a legal notice to the tenant explaining the breach and your intention to terminate.

Regarding potential claims from the tenant, he could claim that you did not provide a reasonable opportunity to remedy the delay, especially since he attempted to make payment late.

His legal action might focus on claiming the validity of the contract or demanding compensation, but your defense would be that he breached the agreed-upon payment terms.

I recommend a thorough review of the contract and possibly sending a legal notice to ensure your rights are protected.

Please feel free to reach out to me directly via WhatsApp or phone to discuss the matter in more detail and ensure the best legal approach moving forward.

Best regards,

Suhail Rana