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Can a tenant end a lease early because of a job transfer or an emergency?

Short answer

A tenant cannot end a lease documented on Ejar on their own just because of a job transfer or an emergency, and moving out does not end it: the lease binds both parties for its full term. The simplest route is to agree with the landlord, then either party files a termination request on Ejar and the other approves it; the service is free. If the landlord refuses, Article 442 of the Civil Transactions Law lets the tenant seek termination for an urgent excuse relating to them, provided they compensate the landlord for the harm the termination causes.

Is a job transfer an urgent excuse?

Article 442(1) gives each party the right to seek termination of a lease “if an urgent excuse relating to them arises”, and requires them to compensate the other party for the harm the termination causes. The article gives no examples of an excuse and sets no amount of compensation or notice period, so it does not treat a job transfer, or anything else, as an accepted excuse in itself; in a dispute, the General Court decides on the excuse and the compensation via Najiz. This rule applies throughout the Kingdom.

If you want to leave because the landlord has breached his obligations, that is a different route: the unified residential lease lets the injured party seek termination by court judgment if the other party does not perform or remove the harm within 30 days of the breach, after notice sent through Ejar.

Ending by agreement or assigning the lease

In a reply on X on 14 February 2019, Ejar said neither the landlord nor the tenant can cancel a unified lease before it ends except with the other party’s consent or for the reasons set out in the lease, so check your lease terms first. If you agree, the party filing on Ejar states the reason, the end date and the financial settlement.

The alternative is Ejar’s change of tenant (lease assignment) service, started from the tenant’s account, whose Ejar wallet must be topped up: a new tenant takes over your rights and obligations once the landlord and both tenants approve, for a fee of SAR 250 for a residential lease and SAR 400 for a commercial one. A tenant may not assign the lease or sublet without the landlord’s permission or later approval (Article 437).

Remaining rent and the deposit

While the lease is in force, rent stays due on its agreed dates (Article 429), even if the tenant has moved out. Termination of a lease has no retroactive effect (Article 111), so what fell due before it remains owed; instalments after the end date are settled by the parties’ agreement in the termination request or, in a dispute, by the court along with any compensation.

A deposit held by Ejar is returned or reduced according to the receipt and handover form, and the unified residential lease requires it to be returned within 30 days of moving out, minus damage the tenant caused.

Steps

  1. Open the lease in your Ejar account and check its term and clauses.
  2. Tell the landlord why you want to leave and agree on the move-out date and the financial settlement.
  3. File a termination request on Ejar with the reason, date and settlement, and wait for the landlord’s approval.
  4. For a residential lease, complete Ejar’s receipt and handover form with the landlord within 7 days after the lease ends.
  5. If the landlord refuses, you can seek termination for an urgent excuse at the General Court via Najiz, compensating the landlord for the harm.

Follow-up questions

What if I move out and stop paying without ending the lease?

The lease stays in force and rent remains due on its dates; moving out does not end it. The unified residential lease lets the landlord terminate it through Ejar if the tenant is still late for the period the lease sets after the payment grace period ends, and the overdue rent remains owed to the landlord after termination.

Is a non-renewal notice enough if the transfer is close to the end of the lease?

Yes, if it is given in time: the lease does not renew automatically if either party notifies the other at least 60 days before it ends, and this rule applies throughout the Kingdom.

What happens if the tenant dies?

A lease does not end on the death of either party (Article 441), but the tenant’s heirs may seek termination within a reasonable time if they prove that, because of the death, its burdens have become too heavy for their resources from the estate, that it exceeds their needs, or that it was made for reasons tied to the deceased personally.

Official sources

General information for guidance, not legal advice; the governing regulations and official bodies are the final reference.

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