Landlord refuses to accept the vacating notice period, what should I do?

Question:

My client rents an office space in Deira. He recently got a new office elsewhere in Dubai and gave 30 days vacating notice (tenancy ends in 30 days) to Landlord to vacate the premises. The landlord refuses to accept the vacating notice and say tenancy contract mentions 90 days notice otherwise contract to be renewed for one year. Please advise what shall the tenant do? Does the Landlord have the right to demand renewal for one year? The tenant has also offered 2 months penalty but still landlord refuses. Please advise.

Answer:

It is both parties’ responsibility to inform each other of any changes to a contract, giving 90 days notice of the same.  However, in this case, the tenant can effectively break the contract by normally giving a 2 months penalty.  A compromise has to be reached.  The landlord is correct that not enough notice has been given but as this is the case the tenant is also correct by offering the 2 months as compensation.

In my opinion, it would not be worth the landlords while to open a case at the Rental Committee as they would most likely agree to accept the penalty term of 2 months’ rent from the tenant which he is happy to offer now.  The key is to convince the landlord to accept the penalty clause of 2 months’ rent.

I hope this has helped.

The above answer has been brought to you by Mario Volpi who is the Managing Director of Ocean View Real Estate in Dubai. Mario has 30 years of property industry experience in Dubai and London.

The advice provided in our columns does not constitute legal advice and is provided for information only. Readers are encouraged to seek appropriate independent legal advice.

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2 thoughts on “Landlord refuses to accept the vacating notice period, what should I do?

  1. Please give us advice,
    I have property in Badra, its’ a 3 bedroom villa we deal and negotiate with the Real Estate Co, but unfortunately the Real Estate is not existing now, and we don’t have any contact details of the tenant, even in the Tenancy contract is not showing as well their contact details. The same with the Tenant.

    Now when I check the Tenancy contract the tenancy will expired on 26 May 2016, and because we don’t have the tenant details, I try to get their number in Google coz they give as a Trade License before, then I spoke to the Tenant and she said that we are trying to contact as well since 2 months ago, due that we will inform us that they will not renew the Tenancy and vacate the Villa on 25 May.

    Please give us advice for this situation,

    Thank you and waiting for your response.

  2. A 14-day notice to quit means your tenancy is terminated 14 days after you get the notice. This is the first step in an eviction. If you have a lease, any clause in the lease saying that the landlord can end your tenancy for non-payment of rent without giving you a 14-day notice is illegal.

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