# Cancelling rental contract before start date?



## Kenzie (Mar 12, 2016)

Hello, I could really use some advice here. I just signed a rental contract for a fully furnished apartment. Start date is still next week. I dealt with an agent. I gave the rent cheques and commission cheque, but not the security deposit. DEWA is now connected.

So here's the problem: one of the kitchen appliances isn't working and it's infested with insects!! There are no proper lights available in some areas (almost dark). And nothing was cleaned, just some dusting. 

Agent doesn't seem to care or want to help. Simply said it's the maintenance guy's problem. And of course the maintenance guy has no idea what the hell he's doing and can't fix anything. 

I'm trying to get in touch with the landlord. My question here is this: if they don't fix the problems and clean up, do I have any legal standing to back out and cancel the contract due to the improper conditions or is it considering breaking the contract? 

Otherwise, can I opt not to give the security deposit and fix the problems myself?


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## Gavtek (Aug 23, 2009)

Welcome to every apartment in the UAE. What you have described is what most people have to deal with when they move into a new apartment. You just need to suck it up and get on with it.

If you've got DEWA connected, just pay for pest control to come round and once they're done pay for a cleaning company to come and do a move-in deep clean. Then buy some light bulbs.


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## Kenzie (Mar 12, 2016)

Gavtek said:


> Welcome to every apartment in the UAE. What you have described is what most people have to deal with when they move into a new apartment. You just need to suck it up and get on with it.
> 
> If you've got DEWA connected, just pay for pest control to come round and once they're done pay for a cleaning company to come and do a move-in deep clean. Then buy some light bulbs.


Thanks for the input. However, I'm well aware that I can do these things myself. I just don't see why I should bear the costs AND give a security deposit. The whole point is that I get an apartment in proper condition with well-functioning appliances, so that I can return it in the same condition or otherwise get money deducted from my deposit. Not pay extra on my own then give him a better apartment back lol.

I don't know why anyone would simply "suck it up" and pay loads of money for ****ty conditions and then spend some more.


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## Gavtek (Aug 23, 2009)

Yep and the whole point of a landlord appointing a real estate agent is to find a tenant to rent out his apartment, why should you pay commission to the agent for providing the service to the landlord?


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## twowheelsgood (Feb 21, 2013)

Kenzie said:


> I don't know why anyone would simply "suck it up" and pay loads of money for ****ty conditions and then spend some more.


Nobody 'should' and you're right.

Meanwhile back in reality ..... sadly its all too common.

But your idea of deducting it from the deposit is a good one. Its worth a try and you have nothing to lose as long as you are connected and have your Ejari. The ball would be in the landlords court to dispute it.

But the chances of cancelling the contract are zero - that simple doesn't happen and in return you get a whole lot of other protects such as increase limits, non-eviction at short notice and the ability to continue as you are, even if the landlord insists on you paying more, in all but the rare exceptional circumstance.


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## UKMS (Jan 9, 2017)

Kenzie said:


> Thanks for the input. However, I'm well aware that I can do these things myself. I just don't see why I should bear the costs AND give a security deposit. The whole point is that I get an apartment in proper condition with well-functioning appliances, so that I can return it in the same condition or otherwise get money deducted from my deposit. Not pay extra on my own then give him a better apartment back lol.
> 
> I don't know why anyone would simply "suck it up" and pay loads of money for ****ty conditions and then spend some more.


It doesn't really help you now but did you get it agreed in writing/email what the faults were and what would be rectified ? ..... I had a snag list drawn up by the agent as to what would be fixed, I didn't pay their commission until the day I moved in and was happy. The agent made a snag list. I viewed many properties that were being rented 'as seen' .... how do you know your landlord is not doing the same ? Regarding pest control I'd always have that done myself .... you know it's done properly.


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## The Rascal (Aug 6, 2014)

The fact you've written a cheque (check) to them is, here, as if you gave them cash.

Unless you want to lose all the cash you've written in cheques, then you have no option but to follow what Gavtec says.

No such thing (really) as contract law here.


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## Kenzie (Mar 12, 2016)

Thanks for the input everyone. Basically I ended up telling them I won't be giving the security deposit unless the issues were dealt with. Same day the landlord sent someone to clean, fumigate and replaced the appliance with a new one. So thankfully it worked out.


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