Ask the expert: can I get out of my rent contract?

I am living in a two-bedroom flat in Dubai and as per the tenancy agreement, if I leave before the expiry of the contract period, I will have to pay two months’ rent. I might soon have to leave Dubai because of reasons beyond my control. My question is: if I have to vacate the apartment because I am leaving the country, do I still have to pay two months’ rent?

Unfortunately for you, a contract is a contract and is binding on the parties. I have not seen the tenancy agreement, but from what you tell me in your letter, it appears that you agreed with your landlord to what is known as a ‘break clause’ and your landlord is entitled to ask for, and insist on, payment of rent for that period.

Depending on the state of the property market where you are located, and the availability of a replacement tenant, the landlord may be prepared to waive his entitlement. That would be a matter entirely up to him or her though. You are prima facie liable for this sum, and if you leave the UAE without paying there may be repercussions should you seek to return at a later date. Your landlord would be able to obtain a court judgment against you (in your absence) for the outstanding amount. This would be recorded against your name so that on re-entry to the UAE you would run the risk of detention. You are advised to pay the due sum if the landlord is unwilling to waive his or her entitlement.