The Cancellation of the tenancy contract is a legal procedure taken in the event that one of the parties wishes to terminate the current tenancy contract in the Emirate of Abu Dhabi. There can be several reasons for canceling the contract, such as a change in the circumstances of the tenant or lessor, the presence of clauses that cause the contract to be cancelled, or any other legal circumstances.
Cancellation of the lease contract in the Emirate of Abu Dhabi
The lease contract, according to the Abu Dhabi Rental Law, is one of the contracts binding on both sides, as the landlord is obligated to enable the tenant to benefit from the leased property according to what was agreed upon between them.
Or according to the purpose for which the rented property is intended, or according to what is governed by the prevailing custom in the use of that property.
The lease contract is also a compensation contract, which includes the exchange of the benefit from the property leased by the lessor, with the rent paid by the lessee.
Although the lease contract is a contract binding on both parties, it is governed by the contract rule under the Sharia of Contracting Parties, and regulated by the Abu Dhabi Rental Law. However, this contract may be invalid or voidable in accordance with the provisions of the UAE Civil Transactions Law.
Therefore, either party to the contract can demand its invalidation, if the contract is marred by a defect of consent, such as fraud, exploitation, coercion, or injustice.
Either party to the contract may also request termination of the lease contract if the other contracting party breaches its obligations under the contract and the law.
Canceling a lease contract in the Emirate of Abu Dhabi requires following specific legal procedures and adhering to specific legal requirements.
Cancellation of the lease contract by the lessor:
The landlord has the right to request cancellation of the lease contract before the Rental Disputes Settlement Committee, if the tenant breaches his contractual or legal obligations. Cancellation of the lease contract by the landlord is called eviction.
This is done by filing an eviction lawsuit before the Rental Disputes Settlement Committee, in the following cases:
If the tenant does not pay the rent due within the specified date. If the tenant waives the rent or sublets the leased property.
If the tenant occupies the leased property in excess of the usual number of residents.
If the tenant uses the leased property in a way that violates the agreed upon terms of use. Or clearly harm the leased property.
If the tenant uses the leased property in a way that violates public order and public morals.
The property owner’s need to demolish the rental property and rebuild it again, provided that he obtains the necessary licenses for that. The tenant must be given a period of six months to vacate from the date of issuance of the licenses.
If the property owner wants to occupy the rented property, he may live in it himself, and he does not own another property suitable for housing.
Cancellation of the lease contract by the tenant
The tenant has the right to request cancellation of the Abu Dhabi lease contract before the Rental Disputes Resolution Committee in Abu Dhabi, if the landlord does not fulfill his contractual and legal obligations, as he can cancel the lease contract and claim compensation.
Or keep the lease contract and reduce the rent in proportion to the decrease in benefit from the leased property. This is if the lessor does not deliver the leased property to the tenant, or delivers it to him in a way that cannot be used, or does not make the necessary repairs to the leased property.
Procedures for canceling a lease contract in the Emirate of Abu Dhabi
Canceling a lease contract in the Emirate of Abu Dhabi requires following specific legal procedures and adhering to specific legal requirements. The party wishing to cancel the contract must file a lawsuit in the competent court, document the reasons for canceling the contract, and provide the necessary evidence to support its arguments.
The case will be studied and the parties concerned will be summoned to appear before the court. After considering the evidence and arguments from both sides, the court will issue its ruling on cancellation of the contract and possible financial damages.
The Rental Law clarifies how to cancel a rental contract in Abu Dhabi, as both the landlord and the tenant can request cancellation of the contract. And a claim for compensation for termination of the lease contract.
All of this does not prejudice the cancellation of the lease contract by agreement between the two parties, as the contract is the law of the contracting parties, as the contracting parties can cancel the lease contract by mutual consent. And terminate the contractual situation between them of their own free will, if they are qualified to do so.
Cancellation of the lease contract by agreement
Both the landlord and the tenant can cancel the lease contract by agreeing to terminate the rental relationship by agreement, taking into account the conditions for terminating the new lease contract:
- Terminating the lease contract according to the form designated for this purpose by the Abu Dhabi Municipality.
- Signature and signature of the landlord on this form.
The lease contract is canceled by agreement between the two parties through a lease cancellation form signed by both parties, including all data and information related to the lease contract, and then submitted to Blade Abu Dhabi to document that cancellation.
Fill out the information required in that form, and pledge that it is correct, and it includes in particular:
The name of the landlord and tenant, details of their personal identity, and address of each.
The rental property number and the real estate area in which it is located. The lease contract number to be cancelled.
The start and end dates of the lease.
Do not modify any information in the form so that it is not canceled by the municipality. Pay the lease cancellation fee
What is the difference between expiration of a lease and cancellation of a lease?
The landlord has the right to request cancellation of the lease contract before the Rental Disputes Settlement Committee, if the tenant breaches his contractual or legal obligations. Cancellation of the lease contract by the landlord is called eviction.
As for the expiration of the lease contract: it means the expiration of the specified period for that contract according to the provisions of the agreement. As for canceling the lease contract, it can take place at any time. Whether as a result of the emergence of legal reasons that prompt one of the parties to cancel the contract, or through direct agreement between them.
The expiration of the lease contract: According to the Abu Dhabi Rental Law, it occurs at the end of the specified period, as the law stipulates that the lease contract is automatically renewed for a similar period.
Unless one of the parties notifies the other party in writing of its desire not to renew the Abu Dhabi lease contract, vacate the leased property, or amend the terms of the contract, two months before the end of the contractual period for the places rented for housing.
Three months for places rented for commercial or industrial purposes or practicing a liberal profession.
Is it permissible to terminate the lease contract before the end of the period in Abu Dhabi?
Yes, the lease contract may be terminated before the end of the term in Abu Dhabi, if one of the contracting parties breaches his fundamental obligations in accordance with the contract or the law. It is also possible to agree to terminate the lease contract in writing between the two parties.
