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Dubai, UAE

Can I withhold a security deposit until the tenant confirms lease cancellation via email?

Dear Lawyers,

I have served an eviction notice to my tenant, and he vacated the property 2 months before the eviction's maturity date, as the lease had expired.

I now wish to return his security deposit following his eviction, with the request that the tenant confirms that the lease agreement is canceled. However, he is unwilling to confirm this via e-mail.

Can I withhold the security deposit until he confirms via e-mail that he has officially vacated the apartment and that the lease is canceled with no future obligations between the landlord and tenant?

Can I ask him to return?

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KHE Legal Consultancy
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15 Nov 2024, 10:45

Dear Questioner,

You cannot legally withhold the security deposit solely because the tenant hasn't confirmed the lease termination via email, unless there are other reasons (such as damages or unpaid rent) that justify withholding part of the deposit.

The tenant's vacating the apartment, combined with the expiration of the lease, generally implies that the lease has been terminated.

You can request that the tenant confirm the termination of the lease and their vacating of the property in writing (including by email).

However, tenants are not legally obligated to confirm via email or any other medium unless there is a specific clause in the lease agreement that requires them to do so.

You could consider sending the tenant a formal letter or email requesting written confirmation that the lease is terminated and that no further obligations exist.

This way, you are formally asking them for clarification, but it doesn't imply that the tenant must reply for the deposit to be returned.

For further assistance, kindly share your WhatsApp number.

Laila Hamza Al Mulla Advocates and Legal Consultants
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15 Nov 2024, 10:47

Dear questioner,

While you may have the legal right to withhold the security deposit until the tenant confirms the cancellation of the lease and vacating the apartment, it is important to consider the potential legal implications and a practical approach.

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

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London Center for Legal Consultancy Office
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15 Nov 2024, 10:55

Greetings,

You cannot withhold the insurance amount he paid. In order to avoid any legal accountability, you can request his return if he wishes with a new contract.

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, phone, or email at: [---------].

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Rashid Khalil Obaid Advocates and Legal Consultancy
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15 Nov 2024, 10:56

Dear Questioner,

Yes, you can withhold the security deposit until the tenant confirms in writing that they have vacated the apartment and that the lease agreement is terminated.

This is a reasonable precaution to protect yourself from any potential future claims or liabilities.

A written confirmation serves as evidence of the tenant's acknowledgment of the termination of the lease agreement. So, you may wait until he responds.

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Mohamed Bakheet Advocates & Legal Consultants
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15 Nov 2024, 11:31

Dear Questioner,

According to Dubai Tenancy Law, the tenant is entitled to recover the security deposit after the expiry of the tenancy contract and the vacating of the property, provided that there are no damages or unpaid dues.

There is nothing in the law that requires the tenant to provide written confirmation of the cancellation of the tenancy contract as a condition for recovering the deposit.

If the tenant vacates the property and hands over the keys without any damages or dues, the landlord must return the security deposit without delay.

The landlord may request written confirmation from the tenant to vacate the property, but the deposit may not be withheld if the tenant refuses to provide such confirmation.

In the event of a dispute over the refund of the deposit, both parties may resort to the Dubai Rental Disputes Settlement Centre to resolve the dispute.

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Ibrahim Al Banna Advocates & Legal Consultants
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15 Nov 2024, 12:19

Thank you for reaching out and sharing the details of your situation!

Based on your description, while a tenant’s security deposit is generally meant to be returned after deducting any necessary charges for repairs or unpaid dues, it is reasonable for you to seek written confirmation to protect yourself from any future claims related to the lease.

You may request that the tenant provide an email or written confirmation that the lease agreement is canceled and that there are no outstanding obligations.

However, withholding the security deposit until this is received can be considered a delicate matter. It would be prudent to ensure your actions are in compliance with tenancy laws in Dubai, and it might be beneficial to mediate this situation amicably.

To discuss the best approach and ensure your rights as a landlord are fully protected, I recommend having a more in-depth discussion.

Please feel free to reach out to me via WhatsApp or phone to discuss this further. I’d be happy to assist you.

Best regards,

Suhail Rana

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Amiri Advocates & Legal Consultants
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17 Nov 2024, 09:14

Yes, you have the right to do so. He must confirm that he has vacated the property.

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Jassim Ali Al Haddad Lawyers and Legal Consultants
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18 Nov 2024, 08:39

Dear Sir/Madam,

According to Article 20 of Dubai's Rental Law, the landlord is obligated to return the security deposit or any remaining amount to the tenant upon the termination of the contract.

You can request the landlord to cancel the lease agreement and confirm it via email.

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