Early termination of a tenancy is the process of terminating a rental arrangement before the end date agreed upon in the lease contract. This can happen for a variety of reasons, and it usually entails specific processes and possible outcomes.
Although the lease contract is binding on both parties, it is subject to the contract rule under the Sharia of Contracting Parties and governed by the Abu Dhabi Rental Law. However, this contract may be illegal or voidable under the rules of the UAE Civil Transactions Law.
Abu Dhabi, the capital city of the United Arab Emirates, offers a vibrant lifestyle with its modern amenities and cultural richness. For expatriates and locals alike, renting property in Abu Dhabi is common. However, circumstances sometimes necessitate the early termination of a tenancy contract. If you find yourself in this situation, it’s crucial to understand the legal framework and procedures involved.
Tenancy contracts in Abu Dhabi are controlled by Law No. 20 of 2006, often known as the "Tenancy Law". This law governs the landlord-tenant relationship and defines each party's rights and obligations. Tenancy contracts in Abu Dhabi are typically fixed-term agreements that last one year, though they can be shorter or longer depending on the deal.
Early termination of a tenancy contract can occur for a variety of reasons. Common grounds include:
• Job Relocation: When you move to another city or nation for job.
• Medical Reasons: In the event of serious health issues necessitating relocation.
• Family Matters: Examples include family emergencies or changes in family conditions.
• Property difficulties: It includes unresolved maintenance issues or conflicts with the landlord.
Before proceeding with an early termination, carefully check your tenancy contract. Most contracts include requirements for early termination. Search for:
Notice Period: Contracts normally demand a notice period of 30 to 90 days. Ensure that you send written notification in accordance with the contract requirements.
Penalties: Some contracts include penalty clauses for early termination, such as paying a portion of the remaining rent or a fixed penalty amount.
Security Deposit: Determine how early termination may effect the repayment of your security deposit.
To end the contract legally:
Provide Written Notice: Send a formal written notice to your landlord or property management firm, following the notice time stipulated in your contract.
Document Communication: Keep copies of any correspondence and evidence relating to the reason for termination. This documentation can be critical if a disagreement arises.
Seek Mediation: If you have a problem with your landlord, you should try mediation through the Abu Dhabi Rental Disputes Settlement Centre, which helps landlords and tenants resolve their differences.
Before leaving the property:
Conduct a Property Inspection: Schedule a joint inspection with your landlord to resolve any potential issues and ensure you meet the conditions for recovering your security deposit.
Clear outstanding dues: Pay any unpaid rent or utilities payments.
Return Keys and Documentation: Please return all property keys and any other items provided by the landlord.
Early termination may have legal and financial ramifications.
Penalty Fees: Prepare to pay any fines outlined in your contract.
Legal Fees: If the disagreement escalates, there may be further legal charges.
Impact on Credit: To avoid a negative influence on your credit rating, ensure that any pending issues are resolved.
If you are unsure about the legal elements of early termination, or if a dispute arises, you should get legal advice. A lawyer who understands Abu Dhabi's rental regulations can advise you and help safeguard your interests.
Early termination of a tenancy contract in Abu Dhabi requires careful consideration of the legal obligations and contract terms. By understanding your rights and following the proper procedures, you can navigate the process smoothly and minimize potential conflicts. Always ensure that you address all aspects of the termination to protect yourself from legal and financial repercussions.
UAE Lawyers offers specialized Tenant Dispute Lawyer services for tenancy dispute. Contact us today.
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