Since 2010, the Global Law Experts annual awards have been celebrating excellence, innovation and performance across the legal communities from around the world.
posted 8 hours ago
The early termination of a tenancy contract is a common issue for tenants in Dubai’s fast-moving rental market when tenants have to deal with job loss, relocation, family changes, or sudden financial pressure. Though fixed-term tenancy agreements give landlords and tenants certainty, a tenant cannot usually end the lease early simply by deciding to vacate. Dubai tenancy relationships are mainly governed by Law No. 26 of 2007 on the Organization of the Relationship between the Lessors and Tenants in the Emirate of Dubai, as amended by Law No. 33 of 2008, and the lease contract itself remains the starting point for determining the parties’ rights and obligations. The written tenancy contract must clearly specify key terms such as the property details, lease period, rent, and payment method.
This is why, in Dubai, early termination usually occurs through the early exit clause in the contract, a mutual written agreement between the landlord and tenant, or, in case of dispute, the Rental Disputes Center. Without a clear termination clause or mutual agreement to end the lease, the tenant risks being liable for rent, agreed penalties, or other contractual obligations if they leave before the lease expires. Anyone wishing to terminate a lease in Dubai should therefore look at the tenancy contract, which is registered with Ejari, check the notice and penalty provisions, and put in writing any settlement with the landlord.
The main law governing the lease agreements in Dubai is Law No. 26 of 2007 Regulating the Relationship between Landlords and Tenants in the Emirate of Dubai and its amendments by Law No. 33 of 2008. Article 7 of Law No. 26 of 2007 provides that if the lease contract is valid, neither the landlord nor the tenant can unilaterally terminate the contract during the contract term unless the other party agrees or the law allows such termination. This corresponds to the generally accepted rule that a tenancy agreement is binding for the agreed lease period.
Article 232 of Federal Decree-Law No. 25 of 2025 also supports this by providing that where a contract is valid and binding, neither party shall revoke, amend or rescind it except by mutual consent or a court judgment or by virtue of a provision of law.
Furthermore, in accordance with Article 4 of Law No. 26 of 2007, as amended by Law No. 33 of 2008, tenancy contracts and any amendments thereof shall be registered in the register maintained by RERA through the Dubai Land Department’s Ejari system. Registration is useful in establishing the existence of the tenancy relationship and in supporting enforceability before the competent forum of rental disputes.
Therefore, a tenant who leaves before the end of the lease term may be liable for the rent agreed or any contractual penalty for early termination, unless the lease agreement includes a clause for early termination or the landlord and tenant reach a mutual written settlement.
Parties often include an explicit early termination clause in the tenancy contract to avoid disputes. This clause may set out the notice period, the notice-giving method or any agreed compensation for early termination.
When the tenancy contract does not say anything about early termination, in such cases, the landlord is not automatically required to agree to an early termination just because the tenant wants to move out. The parties can instead agree to a settlement that might include payment of compensation, adjustment of advance rent, or treatment of the security deposit. Any deductions from the security deposit should also be considered in the light of Article 20 of Law No. 26 of 2007, which requires the landlord to refund the deposit or the balance remaining upon expiry of the lease. The tenant shall obtain the written consent of the landlord to substitute another tenant, especially since Article 24 of the law prohibits assignment or sublease without the consent of the landlord, unless otherwise provided for in the lease contract.
Dubai law limits the landlord’s right to terminate a tenancy before the end of a lease. Article 25 of Law no. 26 of 2007, amended by Law no. 33 of 2008, makes a distinction between eviction before and after the expiry of the lease.
Under Article 25(1) a landlord can only seek to evict a tenant before expiry in limited circumstances, including where the tenant has failed to pay rent after 30 days’ notice, where the property is sublet without authorisation, where the property is used for illegal purposes, where commercial premises have been left vacant for a prolonged period, where the property has been subject to damaging or unsafe alterations, where the property has been misused, where planning regulations have been breached, where the tenant has failed to meet legal or contractual obligations after notice or where the property has been certified as unsafe. Notice shall be given by registered mail or by a notary public.
Article 25(2) provides that a landlord may apply for eviction on the following grounds: demolition and reconstruction of the property; major renovation or maintenance of the property; personal use by the owner or a first-degree relative; or sale of the property. In such cases, the tenant must be notified by a notary public or by registered mail at least 12 months before.
If these statutory grounds or notice requirements are not met, the tenant may challenge the eviction before the Rental Disputes Center under Decree No. 26 of 2013 concerning the Rental Disputes Settlement Center in the Emirate of Dubai and may, where appropriate, seek compensation for unlawful eviction.
If a tenant is unable to reach an amicable settlement, they can try to invoke the force majeure and exceptional hardship clauses under the UAE Civil Transactions Law. But these clauses are strictly applied and don’t automatically give a tenant the right to terminate a tenancy contract in Dubai.
Law No. 26 of 2007 Regulating the Relationship of Tenancy in Dubai (as amended by Law No. 33 of 2008). Where more general contract principles are applicable, the applicable federal framework as of 1 June 2026 is Federal Decree-Law No. 25 of 2025 on the Civil Transactions Law, in which the concept of exceptional hardship is addressed in Article 224 and force majeure or impossibility of performance in Article 236.
Art. 236 allows for the dissolution of a contract if, due to a force majeure, the performance becomes impossible. It’s rarely just financial trouble, a lost job, a slowing business, or a move. The event must make performance legally or practically impossible.
Article 224 applies in the case of unforeseeable and exceptional general circumstances which make performance excessively burdensome and threaten serious loss. In such cases the court will, after balancing the parties’ interests, either reduce the obligation to a reasonable level or rescind the contract.
Any relief depends on the specific facts, the tenancy agreement, the evidence available, and the discretion of the competent rental dispute forum.
In Dubai, tenants often seek early termination of the tenancy due to changes in employment, redundancy, visa cancellation, or moving outside the UAE. That doesn’t mean that a tenant can just terminate a lease without consequences under these circumstances.
Article 738 of Federal Decree-Law No. 25 of 2025 allows a party to terminate a lease agreement for an intervening reason. The party seeking termination shall be liable to the other party for any losses incurred within the ordinary limitations.
Unlike the hardship provisions in Article 224 that apply to exceptional and unforeseen circumstances that make performance excessively burdensome, Article 738 applies specifically to lease contracts and may be relevant in situations such as job loss, relocation, or changes in residency status.
Relief under Article 738 is not automatic. Tenants should submit supporting evidence such as documents of employment termination or visa cancellation. In deciding an appropriate resolution, the Rental Disputes Center may take into account the circumstances, the terms of the lease, notice given, and any loss suffered by the landlord.
To properly handle early termination, tenants must adhere to the tenancy agreement, notify the landlord in writing, observe any notice period or penalties specified, and settle any outstanding rent, utilities, and other charges. They must do a final inspection and have a written handover record to avoid future disputes about damage, deductions from the deposit, or late payment.
After the handover, the parties are required to complete the Ejari cancellation via Dubai Land Department or Dubai REST channels. Failing to cancel the Ejari may lead to practical and registration difficulties, such as registering a new tenancy for the same property. But the final decision on any outstanding legal or financial responsibility will depend mainly on the tenancy contract, the handover record, any written agreement between the parties and, where appropriate, any ruling from the Rental Disputes Center.
In case of refusal of early termination by the landlord, retention of the deposit or an excessive penalty, the dispute can be filed before the Rental Disputes Center, established under Decree No. 26 of 2013, subject to the jurisdiction and exclusions set out in the Decree. The party should provide the tenancy contract, Ejari certificate, payment records, correspondence, identity documents, and any proof for the early termination, such as redundancy, relocation, or cancellation of visa documents.
RDC cases may begin with an amicable settlement stage. If no settlement is reached, the matter may proceed before the competent rental dispute committee.
The key factors for early tenancy termination in Dubai are the tenancy contract, mutual consent, and the relevant Dubai rental laws. Normally, a tenant cannot end a fixed-term lease just by moving out. If the contract doesn’t say anything about this, the most practical way is usually to negotiate. Serious personal circumstances such as losing a job, moving, or losing a visa might be taken into account, depending on the evidence.
Landlords and tenants must document any settlement in writing, complete the handover and Ejari cancellation properly, and approach the Rental Disputes Center if the dispute cannot be resolved amicably.
Author
No results available
posted 24 minutes ago
posted 5 hours ago
posted 6 hours ago
posted 8 hours ago
No results available
Find the right Legal Expert for your business
Sign up for the latest advisor briefings and news within Global Advisory Experts’ community, as well as a whole host of features, editorial and conference updates direct to your email inbox.
Naturally you can unsubscribe at any time.
Global Advisory Experts is dedicated to providing exceptional advisory services to clients around the world. With a vast network of highly skilled and experienced advisors, we are committed to delivering innovative and tailored solutions to meet the diverse needs of our clients in various jurisdictions.