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جميع المدن, الإمارات العربية المتحدة

Can the new landlord rent the apartment once the tenant leaves?

Hello,

I am buying a unit that is already rented out. The previous owner sent an eviction notice for sale to the tenant. I have some questions:

1. If the tenant is served an eviction notice of 12 months, do I still need to serve a notice after buying?

2. After the transaction, when the tenant leaves after 12 months, can I rent the apartment?

I don't need to wait 2 years in this case. Is that right?

Thanks in advance!

سكلز للاستشارات القانونية
دردشة
توظيف
اجتماع
2 Jan 2024, 13:17

Hello,

If the tenant has already received a 12-month eviction notice from the previous owner, the notice generally remains valid after the change in ownership.

For more information, please contact me!

متميز
دار الحقوق للاستشارات القانونية
دردشة توظيف
اجتماع
2 Jan 2024, 13:20

Dear Client,

Thanks for your question! I hope you are doing well. I will assist you in this matter.

1. If the tenant has already served a 12-month eviction notice by the previous owner, you typically do not need to serve another notice after buying the property.

2. After the tenant vacates the apartment following the 12-month notice period, you should be able to rent the unit without waiting for an additional 2 years, as the eviction process has already been initiated by the previous owner.

For any further legal assistance, you can WhatsApp us. We have an extensive team of knowledgeable and experienced lawyers to provide the legal assistance you need.

We will be happy to help you.

Thanks & Regards,

ABDUL WAHIED

4 Jan 2024, 05:36

Thank you so much for the help

ليلى حمزة الملا محامون ومستشارون قانونيون
دردشة
توظيف
اجتماع
2 Jan 2024, 13:28

Dear Questioner,

If the former landlord sends an eviction notice, then it applies to the new landlord as well. You don't have to serve another 12-month eviction notice to evict the tenant from the property.

After the eviction, you can't rent the property to a third party, which can't be enforced and will lead to filing a compensation case by the tenant.

If you need further clarification, we will arrange a legal consultation session for a charge. Share your WhatsApp number if you want to go with the services.

متميز
كي إتش إي للاستشارات القانونية
دردشة توظيف
اجتماع
2 Jan 2024, 13:38

Dear Questioner,

According to the law, the change in real estate ownership does not impact the tenants' right to remain in the property.

The new landlord is not required to issue a new eviction notice if there is a pending notice from the previous landlord.

2 Jan 2024, 13:41

Eviction may occur for reasons such as demolition, reconstruction, real estate sale, or the owner's personal use.

If considering re-renting the property, the existing tenant should be given priority.

2 Jan 2024, 14:04

Existing tenant "should be" or "must be" given priority? I may want to select my own tenant by myself.

Plus when I rerent, I can decide to rent and not accept what she pays now. What I understand from what you wrote it is a kind of grey area.

3 Jan 2024, 04:38

The tenant may only be evicted by the landlord based on the specified reason mentioned earlier.

3 Jan 2024, 04:43

The tenant's rights persist even when there's a change in the landlord.

According to the law, the tenant may not allow the landlord to lease the property to a third party until at least two years have passed for residential premises and three years for non-residential premises from the date of the landlord's recovery of the real estate.

In case of renovation or reconstruction by the landlord, the tenant retains priority to return to the real estate.

3 Jan 2024, 04:44

You have the option to modify any terms in the lease contract, such as rental increases, in accordance with RERA regulations.

This can be done by providing the tenant with a 90-day notice prior to the contract's expiration.

3 Jan 2024, 04:44

If you require further clarification on your case, we offer paid consultations with our legal experts.

متميز
ناصر يوسف الخميس للمحاماة والاستشارات القانونية
دردشة
توظيف
اجتماع
2 Jan 2024, 14:33

Dear Questioner,

1. Yes, you need to serve a new eviction notice to the tenant stipulating the grounds for leaving the apartment.

2. You cannot rent the apartment if you mention that you will use the apartment for personal use.

Please contact us for detailed discussion and assistance.

2 Jan 2024, 14:45

I didn't understand. Where would I mention to the tenant I will use it for my personal use?

3 Jan 2024, 07:49

Dear,

Please call me to discuss this in detail.

متميز
مكتب عبداللطيف العريض للاستشارات القانونية
دردشة توظيف
اجتماع
2 Jan 2024, 15:11

Dear Questioner,

As a firm with 25 years of expertise in real estate and tenant law, we are well-acquainted with cases like the one you're facing.

In just the past two months, we have handled ten similar cases, and this week alone, we have addressed three instances of this nature due to our proficiency in the field.

Regarding your situation, once the eviction notice has been lawfully served, the requirement is typically considered fulfilled. Recent judgments, including those from this week, support this view.

As the new owner, you are entitled to rent the property immediately after the tenant's departure, with no obligatory waiting period of two years.

This is because the eviction was executed for the purpose of sale, and now that the transaction is complete, you possess full autonomy over the unit.

For detailed advice and guidance that aligns with the latest legal developments, do not hesitate to contact our office. We are committed to leveraging our extensive experience to support your new ownership and management endeavors.

Best regards,

Abdellatif Al-Areed

4 Jan 2024, 05:37

Thanks a lot for the reply. It was very useful. I will contact in case any dispute raise

متميز
مريم الياسي للمحاماة والاستشارات القانونية
دردشة توظيف
اجتماع
3 Jan 2024, 08:15

Hello,

As per your query, it is good to provide 1-year notice to evict the property.

Yes, normally you can wait, but still, there are chances that the tenant can claim compensation.

There are more legal procedures in this case. Please contact us via phone or email for further assistance.

متميز
إبراهيم البنا للمحاماة والاستشارات القانونية
دردشة توظيف
اجتماع
3 Jan 2024, 08:35

Thank you for reaching out with your inquiry about purchasing a unit with a tenant currently in residence. I understand that navigating these situations can be complex, and I'm here to provide the guidance you need.

In response to your questions:

If the tenant has been served a 12-month eviction notice by the previous owner, you typically wouldn't need to serve another eviction notice upon purchasing the property.

However, it's crucial to review the terms of the existing notice and the lease agreement to ensure compliance with local Emirate regulations. I recommend obtaining legal advice to confirm the specific requirements in this regard.

Once the tenant vacates the property after the 12-month notice period, you should be able to take possession of the unit.

Regarding renting the apartment afterward, local regulations may vary. In many cases, once the property is vacant, you should be free to rent it out without waiting an additional two years.

However, it's essential to consult with a legal professional to ensure compliance with all applicable laws and regulations.

To discuss the specifics of your situation and explore the best course of action, I recommend scheduling a consultation.

Please feel free to reach out to me via WhatsApp or phone. I am available to provide further assistance and address any additional questions you may have.

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