Questions & Answers
I rented an apartment and paid to discover construction noises next door. Can I terminate the lease without penalty?
I moved to a new apartment in Dubai DIFC (paying AED 250,000 annual rent) and I paid in one cheque. There is construction next to my apartment which is quite noisy and disturbs me.
This will continue for 2 more years. They start to go higher and louder. I'm in the 60th floor. As I record Podcasts and work from home, I need a silent environment.
In my contract, it is written: "In the event of the Tenancy being terminated by the Tenant before the expiry of the Tenancy Period, the Tenant shall be liable to pay 2 months’ rent as a penalty for such termination. The Tenant shall give notice of not less than 2 months."
Would it be possible for me to get out of my lease agreement without penalty?
I can stay 2 more months and give notice, but I wouldn't like to pay the 2 months penalty (46,000 AED).
Would it be possible to force the landlord to put soundproofing on his cost?
A company that does soundproofing could add a glass layer and soundproof one room for 20,000 AED.
Many thanks for your help
A.
Dear A.,
Your situation is understandable, and noise disturbances can significantly impact your living and work environment.
However, under DIFC rental laws, breaking the lease without penalty is generally difficult unless there is a legal basis, such as a breach of contract by the landlord.
Construction noise is typically not considered a valid reason unless the lease agreement specifically addresses it.
Your Options:
Lease Termination Without Penalty:
If the lease does not mention noise conditions, you may need to negotiate with the landlord.
You can argue that the noise makes the unit uninhabitable for your work, but legal enforcement is challenging.
Forcing the Landlord to Install Soundproofing:
Unless there is a clause in the contract requiring the landlord to ensure a quiet environment, it is unlikely you can legally force them to cover the cost.
However, negotiation may be possible if you propose a fair solution.
To explore legal options, we recommend booking a consultation with Future Vision for Advocacy and Legal Consultancy.
Our team can assess your contract and advise on the best legal approach, whether negotiation or legal action.
Contact us today to discuss your case in detail.
Best regards,
You may negotiate with your landlord to either waive the penalty due to the unexpected construction noise or request them to cover soundproofing costs.
If they refuse, legal action may be an option depending on the contract terms and DIFC rental regulations.
For legal advice and assistance in resolving this matter, contact GS Advocates & Legal Consultants by phone. We're here to help!
Hello,
UAE law (specifically in Dubai) mandates that the property must be fit for habitation.
If the construction noise is so disruptive that it impacts your ability to enjoy the property or makes it unsuitable for the purpose you rented it (i.e., working from home), you might be able to argue that the landlord is not fulfilling their obligation to provide a habitable environment.
In some instances, tenants have been allowed to break leases without penalties if the conditions of the apartment significantly affect their use of the property.
You can propose soundproofing as a solution and present it as a way for the landlord to keep you as a tenant.
For a detailed discussion, kindly share your Whatsapp number.
Dear A.,
Thank you for reaching out regarding your situation.
Below is a breakdown of your options under UAE law based on your tenancy agreement and the noise disturbance issue you are facing.
1. Termination of Lease Agreement Before Expiry:
As per your tenancy contract, if you choose to terminate the lease before the end of the agreed-upon period, you are required to pay a penalty of 2 months’ rent (46,000 AED) and provide two months' notice.
However, under certain circumstances, tenants may be able to terminate the lease without penalty. These circumstances typically include:
Significant Disruption to Quiet Enjoyment: The fact that there is significant construction noise directly affecting your ability to work and live comfortably, especially considering your work requirements (such as recording podcasts), may provide a potential argument for terminating the lease early without incurring a penalty.
The key issue here is whether the noise constitutes a material disruption that breaches your right to "quiet enjoyment" of the property.
Construction or External Disruptions: If the noise is severe and persistent (particularly if it’s expected to continue for 2 more years), it may be possible to argue that this violates your basic living conditions.
While UAE tenancy law generally doesn't explicitly cover such disruptions, there may be a case to be made that the disturbance is so severe it undermines the premise of the rental agreement.
You could seek legal counsel to evaluate whether you have a strong case under this argument.
2. Requesting Soundproofing:
In terms of asking your landlord to bear the cost of soundproofing, it’s important to consider the following:
Landlord's Responsibility: The landlord is not typically responsible for mitigating noise caused by external construction or activities in the surrounding area unless there is a defect or fault in the apartment itself (such as inadequate insulation).
Soundproofing is generally considered an improvement to the property and not something a landlord is obligated to fund.
Negotiate with the Landlord: You may be able to negotiate with the landlord to address the noise issue.
Given the significant impact it is having on your work and quality of life, the landlord might be willing to consider soundproofing options (even if it means you covering some or all of the cost) as a way to maintain the tenancy and avoid you terminating the lease early.
However, this is not a legal obligation for the landlord.
Proposed Soundproofing Solution: If the cost of soundproofing one room is around 20,000 AED, you could discuss sharing this cost with the landlord.
While they are unlikely to cover the full cost, they may offer a contribution or other solutions (such as providing a rent reduction).
3. What to Do Next:
Given the circumstances, you may consider the following options:
Attempt Negotiation with the Landlord: Before making any decisions, it is advisable to communicate with your landlord and request a reduction in rent or a solution to mitigate the noise issue.
If they are unwilling to assist, you may have a stronger argument to terminate the lease early, especially if it is significantly affecting your work and well-being.
Consult with a Lawyer: Since the situation is complex, consult with us as a UAE-based lawyer.
We will help you assess your legal rights in more detail and determine if you have a valid case for terminating the lease early due to the noise disturbance.
Provide Notice and Evaluate the Penalty: If you do decide to go ahead with terminating the lease, you’ll need to provide at least two months' notice as per the contract.
Conclusion:
While it may be difficult to force the landlord to pay for soundproofing, negotiating for a reduction in rent or discussing the issue with them directly might be a viable solution.
In terms of terminating the lease early, there are some potential arguments you could raise regarding the noise and disruption to your living and working conditions, but this will depend on your ability to substantiate the claim.
Consulting with us would provide you with the best path forward.
Please don’t hesitate to reach out if you need further assistance or clarification.
Best regards,
Mohammed Salah
Legal Consultant
Hello!
While the lease agreement in your case states a penalty for early termination, you may have grounds to challenge this due to the material disturbance caused by the construction resulting in some serious personnel losses and breach of peace.
It would be helpful to have a discussion to determine the best course of action.
Kindly share your contact details or you can reach out by phone.
Your contract clearly stipulates a 2-month rent penalty for early termination. This is a standard clause in many UAE tenancy agreements.
Therefore, strictly speaking, if you break the contract, the landlord is within their right to impose that penalty.
While not always explicitly stated, a tenant has the right to "quiet enjoyment" of their property.
Excessive noise that disrupts your ability to live and work peacefully could be seen as a violation of this right.
You may leave the premises upon expiry of the contract by sending 90 days prior notification before expiry in order to avoid the penalty.
Otherwise, you may try to negotiate with the landlord regarding the quiet enjoyment.
If you need further clarification, we will discuss more. Kindly share your WhatsApp number to proceed.
Dear A.,
Thank you for reaching out regarding your situation in Dubai DIFC. I understand your concerns about the construction noise affecting your work and living environment.
Let me address your questions and provide some guidance based on the information available.
Lease Agreement and Penalties
Unfortunately, based on the terms you've described in your lease agreement, it would be challenging to exit the lease without incurring the penalty.
The contract explicitly states that terminating the tenancy before the expiry of the period would result in a 2-month rent penalty. This is a standard clause in many Dubai rental agreements.
Construction Noise Complaints
However, you do have options to address the construction noise issue:
1. File a complaint: You can report loud construction noise to the Dubai Municipality if it occurs between 8 pm and 6 am on weekdays or 8 pm to 7 am on weekends. This complaint is typically resolved within one working day.
2. Noise limits: Construction noise should not exceed 55 decibels during the day, which is lower than the sound of an air conditioner or normal conversation. If the noise exceeds this level, you can file a complaint.
3. Reporting process: Use the Dubai Municipality app to file a complaint. Download the app, tap on "Services," and select "Report Construction Noise". Provide details about the noise issue and location, and upload any relevant media.
Potential Solutions
1. Negotiate with the landlord: Given the significant impact on your work, you could try negotiating with your landlord for an early termination without penalty. While not guaranteed, explaining your situation might lead to a mutually agreeable solution.
2. Soundproofing: Your suggestion of soundproofing one room is a practical approach. While it's unlikely you can force the landlord to pay for this, you could propose sharing the cost as it would be a permanent improvement to the property.
3. Legal consultation: Consider consulting with a legal professional specializing in Dubai real estate law. They might identify clauses in your contract or local regulations that could support your case for early termination without penalty.
4. Mediation: If direct negotiation fails, you could explore mediation services offered by Dubai's Rental Dispute Centre to reach an agreement with your landlord.
While the construction noise is undoubtedly disruptive, it's important to note that Dubai's rapid development means such situations are not uncommon.
The authorities have established processes to manage these issues, but they also generally support ongoing construction projects.
I recommend starting by filing an official noise complaint if the construction violates permitted hours or noise levels.
Then, approach your landlord with this information to discuss potential solutions, including the possibility of early termination or soundproofing options.
If you need further assistance or have more questions, please don't hesitate to ask.
