# Tenant Breaking Contract - Options?



## VolatileVortex (May 29, 2012)

Hi All,

I am about to sign a 1 year lease for a studio apartment, staring from 15 March. I will be giving them 4 PDC's. I haven't seen the Tenancy Contract yet but the agent says it will be standard terms and conditions. 

Now the situation is this - I am fairly certain that I will only stay in this property for a maximum of 4-5 months. I will be moving to Australia by then and therefore will break the contract, with my last day being 15 August. I am aware of the standard T&Cs and plan to pay the "penalty" of 1-2 months of rent (as per the contract). The LL or agent does not know about my plans of leaving and I have no plans of telling them right away as although it is very likely I will be moving out, I can only be sure of this by end of May 2014. 

My questions before signing the contract are:

1) How feasible is the above plan? Am I missing something or should I be careful to add or take off certain clauses from the contract? 

2) Assuming that I want to move out latest by 15 August (5 months of stay) and I will be giving them 4 PDC's, by when should I be informing them of this? 

3) Am I likely to face any other trouble or hiccups in this plan?

I will be seeing the contract in a few days time, meanwhile, I just want to prepare myself in advance with this information. 

P.S I cannot afford a short-term rental or hotel apartment...I have been through those options. 

Thanks a lot!


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## Stevesolar (Dec 21, 2012)

Hi,
The biggest issue will be the PDC's.
You will need to ensure you get the uncashed ones back - otherwise the landlord could present them in the future and if they bounce (most likely in your scenario) - open a police case.
Then if you intend to visit, work or even transit through UAE in the future - have the possibility of being arrested.
Also, dont forget that planes sometimes need to make emergency landings in UAE for technical or medical problems - so it could still cause you problems even if you did not originally intend to visit here!
Cheers
Steve


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## VolatileVortex (May 29, 2012)

Thanks Steve.

As long as I ensure that the contract has the 1-2 month exit penalty clause and I honor that penalty payment when I decide to leave, will it not be binding on the LL to return the uncashed cheques? Am I not legally allowed to demand them back? If not, how can I protect myself in the contract to prevent such a situation from occurring?


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## dizzyizzy (Mar 30, 2008)

See if you can add a clause specifically stating that in the case of early cancellation any uncashed cheques are to be returned to you when you handover the apartment and return keys. It may make the agent/landlord a bit suspicious though, but is the only way to give you some kind of protection. But be aware that some LL are ___ and they will still try to cash a cheque even if they know they shouldn't, just because they can, so your only option is to not hand over the flat unless you get your remaining cheques and deposit back.


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## Fat Bhoy Tim (Feb 28, 2013)

dizzyizzy said:


> See if you can add a clause specifically stating that in the case of early cancellation any uncashed cheques are to be returned to you when you handover the apartment and return keys. It may make the agent/landlord a bit suspicious though, but is the only way to give you some kind of protection. But be aware that some LL are ___ and they will still try to cash a cheque even if they know they shouldn't, just because they can, so your only option is to not hand over the flat unless you get your remaining cheques and deposit back.


I'd insert the clause, and just tell them to get stuffed otherwise. In any case they'll get 1-2 months of free rent out of you, and will probably be able to get a replacement tenant fairly quickly if they're not utterly daft with what they're asking for.


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## VolatileVortex (May 29, 2012)

Although the idea of inserting the clause is great, I am almost certain the LL will get all suspicious and might even change his mind on letting me the apartment!


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## Stevesolar (Dec 21, 2012)

Hi,
Have you not considered an alternative - like hotel apartment or serviced apartment?
At least you wont have to worry about Water, electricity bills, internet etc.
On the face of it serviced apartment might look more expensive - but in your original idea you will still need to provide 5% DEWA deposit as well as pay these bills.
Also - renting somewhere on a month by month basis will give you better exit flexibility and will avoid the bounced cheque issue altogether.
Cheers
Steve


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## Jumeirah Jim (Jan 24, 2011)

What Steve said about getting the PDCs back. If rents have gone up by August the landlord may be cooperative when you break the lease. If he doesn't want to cooperate you will have a battle getting back the PRCs as he is likely to "go on an trip extended to X where he cannot be contacted by phone/email/snail mail/carrier pigeon etc etc etc"

No real way around this as he's not likely to sign without all the PDCs.


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## twowheelsgood (Feb 21, 2013)

VolatileVortex said:


> If not, how can I protect myself in the contract to prevent such a situation from occurring?


You could always honour the contract and tell he truth that you don't plan to stay the duration 

Its a bit cheeky trying to worry about what a landlord does when a tenant signs in bad faith for 12 months, and then expecting him to have higher morals


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## VolatileVortex (May 29, 2012)

twowheelsgood said:


> You could always honour the contract and tell he truth that you don't plan to stay the duration
> 
> Its a bit cheeky trying to worry about what a landlord does when a tenant signs in bad faith for 12 months, and then expecting him to have higher morals


I would happily confess in advance to the LL IF I knew for sure that we are going in mid August. At the moment, it is not clear as my spouse is undergoing medical treatment and our departure depends on the treatment progress. There is a 20-30% chance that we might not leave, in which case I will not have to break the tenancy agreement as well. 

Steve - as mentioned in my first post, we went through these options but all things considered, there was still a clear saving of AED 10-15K while renting vs serviced/hotel apartment - and this is precious money that would go for my better half's treatment.


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