أسئلة وأجوبة
Do I still have to vacate my apartment if I received an eviction notice from the previous landlord?
I live in Dubai. I received an eviction notice last year from the company that owned my apartment on the pretext of sale.
The apartment was subsequently sold to an individual, and I have paid him the rent once.
Does the eviction notice have any legal standing now?
Dear Questioner,
Thank you for your email.
Please note the following regarding your situation:
Eviction Notice from Previous Owner:
An eviction notice issued by the previous landlord is not automatically enforceable after the property is sold.
Since the apartment has been transferred to a new owner and you have already paid rent to the new landlord, the old notice from the previous company has no legal standing.
Current Landlord’s Rights:
Any eviction now must be initiated by the current owner.
The landlord is required to follow Dubai tenancy law, which includes serving a valid written notice (typically 12 months for non-renewal of a fixed-term lease) and, if necessary, filing a case with the Dubai Rental Dispute Settlement Centre (RDSC).
Your Position:
- Your tenancy remains valid under the new landlord.
- Keep proof of all rent payments to protect your rights.
- The old eviction notice cannot be enforced unless the new owner issues a fresh notice following legal procedures.
Please let us know if you would like assistance in drafting a formal confirmation to the new landlord to clarify your tenancy rights and avoid any future disputes.
Kind regards,
Mohammed Salah
Legal Consultant
The eviction notice issued by the previous owner does not automatically terminate your tenancy after the sale.
The new owner cannot evict you unless a proper legal notice is served (12 months in advance via the Notary Public or registered mail).
Since you have already paid rent to the new owner, you remain a lawful tenant, and he must honor the tenancy contract until its expiry or until a valid legal notice period has been completed.
For more details, please contact us via WhatsApp.
Dear questioner
Yes, if the eviction notice you received last year from the previous company was properly issued (in writing, via notary public/registered mail, and with a 12-month notice period), it is likely to be legally binding.
The original notice was for the purpose of "sale." The property was indeed sold.
However, if the new owner intends to live in the property themselves, their reason for eviction would align with the original notice's intent (which is to get a vacant property).
If you need more details, kindly share your WhatsApp number.
Your question is not clear.
When you paid him the rent, had the 12-month notice period already ended?
Did he speak with you about the eviction notice?
The eviction notice you received is still valid, and selling the property does not affect its validity. The new owner replaces the old owner with respect to legal obligations, including the eviction notice.
Contact the new owner and ask them to renew it.
Hello,
Under Dubai rental law, the current owner replaces the previous landlord in all rights and obligations. Article (28) of Law No. 26 of 2007 (as amended by Law No. 33 of 2008) provides:
"Transferring the ownership of Real Property to a new owner does not affect the Tenant's right to continue to occupy the Real Property by virtue of the Lease Contract entered into with the previous owner, provided that such Lease Contract has a fixed term."
Based on this, the current landlord has the right to rely on the eviction notice that was previously served by the former landlord, provided that the notice met the statutory requirements under Article (25)(2) of the same law, which obliges the landlord to give a 12-month notice through notary public or registered mail and only for permitted reasons such as sale or personal use.
The Rental Disputes Centre has followed this interpretation in its judgments, confirming that the new owner may use the eviction notice served by the former owner for the same purpose, as long as the conditions are satisfied and the property has not been re-let to another tenant.
The eviction deed has no current legal basis because the sale terminates the old tenancy relationship, and the new landlord must follow the correct legal procedures, which include serving a new eviction notice to the current tenant.
Written notice must be provided via a notary public or registered mail before filing an eviction lawsuit.
Contact me for clarification and assistance.
