We are a five-member family living in Dubai. Our tenancy contract expires on February 28. We sent an email to the landlord about vacating the apartment precisely 31 days before the expiry of our contract.
However, the landlord says they will charge us a penalty of two months’ rent for not notifying them 60 days prior to the expiry of the tenancy contract. The terms and conditions of our contract state that the tenant has to pay two months’ worth of rent if they fail to inform the landlord about vacating the premises 60 days prior to contract expiry.
We have been living in this building for the past three years without any lapse and have never defaulted on our rent payment. Even when we served notice to vacate, we were in ongoing verbal negotiations with the landlord about renting one of their properties for a reduced amount. We are even ready to move out of the apartment as early as on February 25 before the lease ends. What can we do in this situation? SH, Dubai
I have previously written about the notice required to be served by tenants who are not renewing their contracts. Law 33 of 2008 amended into Law 26 of 2007 is the law that governs the relationship between landlords and tenants. In the amended law, it did away with the need for a tenant to give the previously required notice to a landlord when not renewing.
I do stress, however, that if you signed a rental contract that states you require to give 60 days’ notice prior to the expiry of the contract for non-renewal, then you are legally bound by this clause and, therefore, if you do not give the required notice, you are liable for the two-month rent as penalty (in your case).
If you disagree with this penalty amount, you are at liberty to file a case at the Rental Dispute Settlement Committee in Deira, Dubai. I cannot confirm which way the judge will decide, as the law in the UAE is not set on precedent but on a case-by-case basis. The judge may rule in your favour, citing the amended Law 33 of 2008, or may decide that your rental contract (which you signed) will take precedent. Only the judge can rule on this.
I understand that you are trying to find a better apartment by negotiating with the landlord’s team, however, the two are separated.
If you disagree with this penalty amount, you are at liberty to file a case at the Rental Dispute Settlement Committee in Deira
The choice is now yours, either pay the penalty and move on or if you don’t and decide to fight the case, there are costs and time involved. In the event you win, you are likely to be awarded costs.
Perhaps, a better solution would be to try and negotiate with the landlord in order to pay only one month’s rent as penalty given you have served a one-month notice. This way, you are at least attempting to remain cordial with your landlord rather than taking him to court.
Mario Volpi is the sales and leasing manager at Engel & Volkers. He has worked in the property sector for more than 35 years in London and Dubai. The opinions expressed do not constitute legal advice and are provided for information only. Please send any questions to mario.volpi@engelvoelkers.com
UAE currency: the story behind the money in your pockets
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Ovo's tips to find extra heat
- Open your curtains when it’s sunny
- Keep your oven open after cooking
- Have a cuddle with pets and loved ones to help stay cosy
- Eat ginger but avoid chilli as it makes you sweat
- Put on extra layers
- Do a few star jumps
- Avoid alcohol
The Voice of Hind Rajab
Starring: Saja Kilani, Clara Khoury, Motaz Malhees
Director: Kaouther Ben Hania
Rating: 4/5
The National's picks
4.35pm: Tilal Al Khalediah
5.10pm: Continous
5.45pm: Raging Torrent
6.20pm: West Acre
7pm: Flood Zone
7.40pm: Straight No Chaser
8.15pm: Romantic Warrior
8.50pm: Calandogan
9.30pm: Forever Young
What sanctions would be reimposed?
Under ‘snapback’, measures imposed on Iran by the UN Security Council in six resolutions would be restored, including:
- An arms embargo
- A ban on uranium enrichment and reprocessing
- A ban on launches and other activities with ballistic missiles capable of delivering nuclear weapons, as well as ballistic missile technology transfer and technical assistance
- A targeted global asset freeze and travel ban on Iranian individuals and entities
- Authorisation for countries to inspect Iran Air Cargo and Islamic Republic of Iran Shipping Lines cargoes for banned goods
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Specs
Engine: Electric motor generating 54.2kWh (Cooper SE and Aceman SE), 64.6kW (Countryman All4 SE)
Power: 218hp (Cooper and Aceman), 313hp (Countryman)
Torque: 330Nm (Cooper and Aceman), 494Nm (Countryman)
On sale: Now
Price: From Dh158,000 (Cooper), Dh168,000 (Aceman), Dh190,000 (Countryman)
Volvo ES90 Specs
Engine: Electric single motor (96kW), twin motor (106kW) and twin motor performance (106kW)
Power: 333hp, 449hp, 680hp
Torque: 480Nm, 670Nm, 870Nm
On sale: Later in 2025 or early 2026, depending on region
Price: Exact regional pricing TBA
Our family matters legal consultant
Name: Hassan Mohsen Elhais
Position: legal consultant with Al Rowaad Advocates and Legal Consultants.
About Housecall
Date started: July 2020
Founders: Omar and Humaid Alzaabi
Based: Abu Dhabi
Sector: HealthTech
# of staff: 10
Funding to date: Self-funded
UAE currency: the story behind the money in your pockets
Sholto Byrnes on Myanmar politics
OPINIONS ON PALESTINE & ISRAEL
Info
What: 11th edition of the Mubadala World Tennis Championship
When: December 27-29, 2018
Confirmed: men: Novak Djokovic, Rafael Nadal, Kevin Anderson, Dominic Thiem, Hyeon Chung, Karen Khachanov; women: Venus Williams
Tickets: www.ticketmaster.ae, Virgin megastores or call 800 86 823
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Key findings of Jenkins report
- Founder of the Muslim Brotherhood, Hassan al Banna, "accepted the political utility of violence"
- Views of key Muslim Brotherhood ideologue, Sayyid Qutb, have “consistently been understood” as permitting “the use of extreme violence in the pursuit of the perfect Islamic society” and “never been institutionally disowned” by the movement.
- Muslim Brotherhood at all levels has repeatedly defended Hamas attacks against Israel, including the use of suicide bombers and the killing of civilians.
- Laying out the report in the House of Commons, David Cameron told MPs: "The main findings of the review support the conclusion that membership of, association with, or influence by the Muslim Brotherhood should be considered as a possible indicator of extremism."
