Question: I’m looking for assistance to recognize the effects of the pandemic circumstance in relation to a dull I’m renting in Dubai. I lost the job of mine in March due to the Covid 19 pandemic, therefore I’m currently preparing to go to the home country of mine, Pakistan, since I won’t be able to pay for to dwell within the UAE. The tenancy shrink states which I have to provide a notice of 3 weeks minimum & a two month penalty is applicable whether the agreement is cancelled before its conclusion. I’ve issued cheques because of the rent till June nine, and also I’ve requested to go out of the apartment before the quarter cheque is due. Nevertheless, the landlord does not appear to agree since he’s not answering the request of mine.
The apartment and set up their home in Pakistan:
Nevertheless, in this tough scenario, the two month penalty is pretty large for me. I’d love to find out what I must do to stay away from the penalty, in addition to the transaction for the final cheque. I’ve the termination letter like a supporting document.
Consequently, you’ve decided to relocate in your home country Pakistan as it’s hard so that you can dwell in the UAE with no employment. You’ve paid the rent as many as June nine and you’ve requested the landlord of yours to vacate the this particular apartment before the following rent cheque is thanks on June nine. Nevertheless, your landlord isn’t answering you. Additionally, having to pay the penalty is pretty large for yourself and, Abu Dhabi Court consequently, you’d love to learn the remedies available to stay away from payment of a new rent cheque and also the penalty. Lastly, to substantiate the reason of yours for premature termination of tenancy agreement, you’ve with you the termination sales letter issued by the employer of yours.
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A tenant or a landlord won’t unilaterally end the tenancy shrink which might be terminated mutually by the tenant and the landlord during the term on the agreement. This’s in accordance with Article seven of the Dubai Tenancy Law, that states: “Where a lease agreement is valid, it might not be unilaterally terminated in the course of its phrase by the tenant or the landlord.The conditions and terms stated in the tenancy shrink is appropriate to both the tenant and the landlord.
Article nineteen of the Dubai Tenancy Law brings up
Additionally, the tenant should pay the rent on dates that are due. In words that are simple, pressure majeure means’ unforeseeable conditions that stop somebody from satisfying a contract’.
The pandemic might be viewed as being an unforeseeable circumstance and, consequently, based on this, you might be ready to terminate the tenancy shrink together with your landlord unilaterally. This’s in accordance with Article 273 (one) of Civil Transactions Law that states: “In contracts binding on equally people, in the event that pressure majeure supervenes making the functionality of the agreement impossible, the corresponding obligation shall stop, moreover the agreement shall be automatically cancelled.”
You might personally address and make a deal with the landlord of yours and explain to him it’s not easy for you paying the penalty as a result of the present situation and also supply him with the content of your respective termination letter given by your employer to substantiate the claim of yours of first termination on the tenancy shrink.