Bora Bora wrote:bonk: Isn't there a standard rule now that you can terminate a contract if you give 3 months notice? If that was the case and he had say 6 or 9 months left on a lease, would the landlord be obligated to return the unused portion (3 months or 6 months based on the above) of the rent paid for in advance? Or is that something people are inserting in leases?
As you say, there are some - repeat SOME - reasonable landlords who will let you out of your lease if you or they can find a new tenant without lose of income.
Hmmm, that rings a vague bell. I did a bit of a search.
There was a new law governing the relationship between landlords and tenants - Law No. (26) of 2007. The RERA website says this with respect to rentals ...
Rent in advance for tenancy agreements in Dubai, is four equal installments (quarterly) paid in advance or as otherwise determined on the lease agreement.
If duration unspecified in the agreement it shall not exceed the time on which the lessee was paying his rent. When any party has an intention not to renew the tenancy agreement the party intended to do the same should send 90 days notice to the other party prior to the expiry of the rental agreement.
And I just read the law referred to, it says pretty much what I quoted from the RERA website. Which, as best as I can understand it, means if there is a period specified in the contract then the tenant owes rental for the full period unless s/he can negotiate something different with the landlord.
If there is no contract period specified, then the default period is whatever the rent payment is for. That sounds vague especially if paying 4 cheques (or similar). If I was a landlord, I would argue the period is one year but I'm allowing the tenant to make the payment in 4 installments. If I was a tenant, then I would argue that if I'm making a rent payment for 3 months rent then that's how long the contract is for (unless the contract said otherwise).
The OP could try calling RERA to see what they say.