# Cancelling Tenancy Contract



## peterexpat

I have signed a renewal lease for my apartment in February and now I am leaving Dubai in 3 months (July). I pay my rent quarterly via pre-written cheques that the landlord has in his possession. In the contract there is no mention of cancellation.

When I re-signed the contract I had asked for the cancellation clause of 3 months as I knew this might happen. When I got there however the clause had not been added and when I asked the lady she went back to the office and came back and told me that as per UAE law I have to give 3 months notice which was what I wanted so I signed the lease renewal.

However, now I am not sure that is the law - does any know or have experience in this? Should I call RERA?

Thanks


----------



## Andy17

peterexpat said:


> I have signed a renewal lease for my apartment in February and now I am leaving Dubai in 3 months (July). I pay my rent quarterly via pre-written cheques that the landlord has in his possession. In the contract there is no mention of cancellation.
> 
> When I re-signed the contract I had asked for the cancellation clause of 3 months as I knew this might happen. When I got there however the clause had not been added and when I asked the lady she went back to the office and came back and told me that as per UAE law I have to give 3 months notice which was what I wanted so I signed the lease renewal.
> 
> However, now I am not sure that is the law - does any know or have experience in this? Should I call RERA?
> 
> Thanks


I do not know the answer to the legal question but it would seem that a cheque is due for cashing in August and November, and if you have left during July the chances are you will have closed the bank account before these cheques are presented. seems therefore you may not have a problem if the landlord is unhappy with 3 months notice just make sure the bank wll not cash the cheques early and check to make sure you will not have problems if you come back to this part of the world.


----------



## earthworm88

It is rather suspicious that a cancellation clause is not included in your contract, even a generic one that you can buy off the street has that. I don't know the exact rental law for early termination, but I would imagine at least 60-90 days notice, and one to two months penalty will be the norm. I remember reading along the lines of landlord is supposed to refund you the remaining amount (minus penalty) if she/he able to find a tenant to cover the rest of the year. 

If I were you, I would play it safe since the specifics are not mentioned in the contract, I would try to get a new tenant for your current apartment and have him/her sign a new lease with your landlord and get your post dated cheques back at the same time. Safest bet is to call the Rent Committee about the law so you can be better prepared. 

Good luck!


----------



## rsinner

1. Given that real estate laws vary between the various emirates, you should post it in the Dubai section Dubai Expat Forum for Expats Living in Dubai - Expat Forum For People Moving Overseas And Living Abroad
2. Many contracts do not have the early break clause. This was the norm pre 2009, and a lot of contracts still lack this. This means that you legally do not have a right to break mid way and get back your money. So if you give the notice, you can leave and break the contract, but you would not get the money back

3. Talk to the landlord? If they say that there would be no refund, approach RERA/ RDC


----------



## busybee2

peterexpat said:


> I have signed a renewal lease for my apartment in February and now I am leaving Dubai in 3 months (July). I pay my rent quarterly via pre-written cheques that the landlord has in his possession. In the contract there is no mention of cancellation.
> 
> When I re-signed the contract I had asked for the cancellation clause of 3 months as I knew this might happen. When I got there however the clause had not been added and when I asked the lady she went back to the office and came back and told me that as per UAE law I have to give 3 months notice which was what I wanted so I signed the lease renewal.
> 
> However, now I am not sure that is the law - does any know or have experience in this? Should I call RERA?
> 
> Thanks


yes in dxb its usual for at least 2 months as a fine etc.....


----------

