Questions & Answers
Can a landlord break a lease early, promise a refund, and then withhold payment for renovations?
Dear Lawyers,
Is it legal for a landlord to request a tenant vacate the apartment three months before the tenancy agreement's expiry, promise to return the remaining amount, and then refuse to pay, citing the need for renovation and painting work in the unit?
In the UAE, a landlord cannot unilaterally terminate a tenancy contract before its expiration unless there are valid reasons outlined in the contract or under specific legal provisions.
If the landlord has agreed to return the remaining rent amount but then refuses to pay, citing renovation or painting work, they may be in breach of the contract.
It is advisable to consult with a legal professional to review the tenancy agreement and the applicable laws to determine the best course of action.
You can contact us via WhatsApp, phone, or email for further assistance.
Hello,
It is not legal for a landlord to request a tenant to vacate the apartment three months before the tenancy agreement's expiry and then refuse to pay the remaining amount, citing renovation and painting work needed in the unit.
Moreover, if the landlord refuses to pay the remaining amount, the tenant may have legal recourse to recover the funds.
This may involve filing a lawsuit against the landlord in the Rental Dispute Settlement Center (RDSC) or the Rental Committee.
If you need further explanation, you may ask us.
Dear Questioner,
In response to your inquiry, under UAE rental law, a landlord cannot generally request a tenant to vacate the property before the expiry of the tenancy agreement, unless there are valid grounds, such as the need for renovation or major repairs.
However, the landlord must adhere to specific legal procedures and timelines.
1. Premature Termination of Tenancy Agreement
If the tenancy agreement has a fixed term (e.g., 1 year), the landlord is not legally allowed to terminate the agreement before its expiry unless:
- The tenant has breached the contract terms.
- There is a mutual agreement between the landlord and tenant for early termination.
- The landlord follows legal protocols for eviction due to valid reasons, such as major repairs or renovations.
2. Return of Security Deposit
If the landlord has promised to return the remaining amount (likely the security deposit) after the tenant vacates, they are legally obligated to do so, unless there is damage to the property beyond normal wear and tear or other agreed-upon deductions.
3. Refusal to Pay
If the landlord is refusing to return the deposit or any amount promised, citing renovations, this could be a breach of the agreement. Renovations and painting do not typically justify withholding the tenant’s funds unless explicitly stated in the contract.
4. Next Steps
- Document everything: Ensure you have a record of the landlord's request and any promises made regarding the return of money.
- Consult with a legal expert: If the landlord is unlawfully refusing to return the amount or is wrongfully terminating the lease, you have legal recourse through the Rental Dispute Center in Dubai or the relevant authority in your emirate.
We are here to assist you in defending your rights and pursuing the return of the owed amount. Please contact us if you need further assistance.
Best regards,
Mo. Salah
Thank you for your inquiry regarding your landlord's request for early termination of your tenancy agreement and the subsequent withholding of the remaining rent under the pretext of necessary renovations.
Under Dubai's Law No. (26) of 2007, as amended by Law No. (33) of 2008, a landlord is required to provide a tenant with a 12-month written notice via registered mail or public notary if they intend to evict the tenant for reasons such as significant renovation that cannot be performed while the tenant occupies the property. This notice must clearly state the reason for eviction.
If your landlord requested you to vacate three months prior to the tenancy agreement's expiry without providing the mandated 12-month notice, this action does not align with the legal requirements.
Furthermore, the promise to return the remaining rent and then refusing to do so, citing renovation and painting work, is not justified under the law.
The landlord is obligated to return any prepaid rent for the period after you vacated the property, especially if the early termination was at their request.
To address this issue, I recommend the following steps:
- Review Your Tenancy Agreement: Examine your contract to identify any clauses related to early termination and refund policies.
- Communicate with Your Landlord: Initiate a formal written communication requesting the refund of the remaining rent, referencing the relevant legal provisions.
- Seek Legal Assistance: If the landlord remains uncooperative, consider filing a complaint with the Rent Dispute Settlement Centre (RDSC) in Dubai, which handles such disputes.
For a more detailed discussion and personalized legal advice, please feel free to reach out to me via WhatsApp or phone at [---------]. I am here to assist you in resolving this matter effectively.
Best regards,
Suhail Rana
Based on UAE tenancy laws, here's a detailed analysis of your situation:
1. Early Eviction by Landlord
Under Dubai Law No. 33 of 2008 (Regulating the Relationship Between Landlords and Tenants), eviction notice requirements are: A landlord must provide at least 12 months’ written notice via registered mail or notary public for specific reasons, such as personal use or sale of the property.
Eviction for renovations is valid only if it involves significant structural work requiring permits from relevant authorities. Cosmetic work like painting does not justify eviction.
2. Early Termination by Agreement
If both parties agree to terminate the lease early, the landlord must adhere to the agreed terms, including refunding any remaining rent or deposits.
If the landlord requested early termination and you vacated based on their promise to refund the remaining rent, they are legally obligated to honor this promise.
3. Withholding Refunds for Renovation or Painting
Renovation Costs and Tenant Obligations: Routine maintenance, such as painting or minor repairs, is typically the landlord’s responsibility unless the tenancy contract explicitly states otherwise.
Deductions for damages beyond normal wear and tear must be reasonable and substantiated.
4. Legal Position
The landlord cannot refuse to refund the remaining rent based solely on claims of renovation or painting work unless you caused substantial damage to the unit.
5. Recommended Actions
Step 1: Communicate with the Landlord
Send a formal written request (via email or registered mail) asking for a refund of the remaining rent.
Request detailed documentation if the landlord claims deductions for damages or renovations (e.g., photos, invoices).
Step 2: File a Complaint with the Rental Dispute Center (RDC)
If the landlord refuses to pay or does not respond, file a case with the Rental Dispute Center (RDC) under the Dubai Land Department.
Provide:
- A copy of the tenancy contract.
- Evidence of early termination agreement (emails, messages, or verbal agreement with witnesses).
- Proof of payments made and any communication regarding the refund.
Step 3: Seek Compensation (if applicable)
You can also claim:
- Compensation for any financial loss caused by the landlord’s refusal to refund the remaining rent.
- Reimbursement of legal fees incurred during the process.
6. Conclusion
The landlord’s refusal to refund the remaining rent after requesting early termination is not justified under UAE tenancy laws. Cosmetic renovations like painting are typically the landlord’s responsibility and do not permit withholding payments.
If the landlord remains uncooperative, filing a case with the RDC is the best course of action to protect your rights.
If you require assistance drafting the formal request or representation in the RDC, I am here to help.
Best regards,
Omar Mosaad
Senior Legal Consultant
No, it is not legal to send an eviction notice less than 3 months before your contract's expiry date.
According to Dubai law, the landlord must serve a 12-month eviction notice if they want you to vacate after this period.
Your contract is still valid as of now. Let me know if you have vacated the property or not, and I will guide you on what to do next.
