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Dubai, UAE

Interpretation of the early termination clause in a tenancy contract

Hi,

We just received our eviction notice from our Landlord for next summer 2018. We, however, would prefer exiting earlier.

In our current lease contract, we have the following clause: "The Parties agree that there may be instances where the tenant shall need to terminate the lease early. In this event, and in accordance with the current guidelines, the tenant must provide the landlord with a written 2 months of notice. The landlord agrees to refund any outstanding rental amount."

Kindly can you confirm the below:

This means that we still get to stay in the house for the 2 month notice period and there is no penalty charge.

The date on the letter is the 1st day of the 2 month notice period (notice given 23.08.2017, out by 22.10.2017).

Do we need the written notice to be notarized or does an emailed letter suffice?

Thank you very much and best regards,

S.W

Dr. Hassan Al Marzooqi Advocates & Legal Consultants
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23 Aug 2017, 07:56

Dear,

As per legal procedure, you need to pay additional rent for 2 months if the tenant terminates the contract prior to the expiry of tenancy contract. This addition clause of 2 months notice is in conjunction with the other two months.

You have to give 2 months prior notice but also have to pay 2 months additional rent after the expiry of the notice but cannot live in the apartment after 2 months. Means you have to pay 4 months rent but can stay there for 2 months only.

Regards.

24 Aug 2017, 16:08

Dear Dr. Al Marzooqi,

To the best of my knowledge, there is no law in the UAE that regulates the early termination of a lease contract.

The clause in our contract stipulates the notice period time as well as the fact that the outstanding rent will be paid back in full by the landlord. There is no mention of a penalty.

As such could you please advise me as to what makes you say there would be a 2 month penalty. Barge.

Thank you very much and best regards.

26 Aug 2017, 12:44

It is procedure set by RERA for early termination by the tenant unless if there is a mutual understanding between the landlord and the tenant with regards to termination.

For any appropriate advice in respect of the above, we need to review your contract.

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