أسئلة وأجوبة
Is an eviction notice issued in September 2023 valid if the tenancy ends in January 2025?
Hi there,
I'm a broker and have a client who wants me to list his property.
The landlord served a 12-month notice in September 2023, but the tenancy agreement is valid until January 2025.
What happens in this case?
Dear Questioner,
You should reflect this in the MOU. The new landlord can request eviction based on the legal notice sent. We can assist you and the new landlord with the MOU review, covering your concerns.
You can reach out to us through WhatsApp for assistance.
We are more than pleased to serve both of you.
Hello,
According to the Dubai Rental Law, the landlord has the right to evict the tenant for the purpose of selling the property after giving a 12-month notice to the tenant.
This notice period must be served in writing and delivered through a notary public or registered mail.
In your client's case, since the notice was served in September 2023, the 12-month notice period will end in September 2024.
Regardless of the fact that the tenancy agreement is up until January 2025, the landlord has the legal right to proceed with the eviction once the 12-month notice period concludes.
If the tenant does not comply with the eviction notice by the end of this period, the landlord has the right to file a lawsuit to enforce the eviction.
This process allows the landlord to have the tenant removed from the property, even if the tenancy agreement has not yet expired.
Please ensure that all communications and actions are properly documented to comply with the legal requirements.
If you have any further questions or need additional assistance, feel free to reach out.
Dear Questioner,
Thank you for reaching out with your query. In Dubai, tenancy agreements and the notice period for termination are governed by specific regulations.
If the landlord served a 12-month notice in September 2023, the notice period would typically end in September 2024.
However, since the tenancy agreement extends until January 2025, there may be some implications to consider.
The key factors will include the terms outlined in the tenancy agreement and any specific clauses related to early termination or notice periods.
It's also important to ensure that the notice was served in accordance with Dubai's rental laws, including proper documentation and delivery.
To provide you with precise advice and assist you in navigating this situation, I would need to review the tenancy agreement and any related documents.
As your attorney, I can offer detailed guidance and help protect your client's interests.
Please feel free to reach out to me via WhatsApp or phone [---------], or email me to discuss this matter further and schedule a consultation.
My dear,
Through your story, the notice period must end on or after the lease term's end date. If it ends before that, it does not count. With a warning against the tenant, what matters is the date the tenant received the warning.
If anything else is required, don’t hesitate to contact us via email or call our offices in Dubai at [--------] or Sharjah at [---------].
Jasim Al Haddad Law Firm
Legal Counsel and Consultations
Dear Questioner,
According to UAE law, a landlord is required to give a tenant a minimum of 12 months' notice before terminating a tenancy agreement.
In this case, the landlord has given the required notice and the tenancy agreement will end in September 2023.
However, if the tenancy agreement is set to expire in January 2025, the tenant has the right to continue living in the property until the end of the agreement.
The landlord cannot force the tenant to vacate the property before the end of the agreement, even if the notice period has already been served.
As a broker, it is important to inform your client of their rights and obligations under the tenancy agreement and UAE law.
The landlord may choose to negotiate with the tenant to end the tenancy agreement earlier, but this must be done with the tenant's consent.
It is also important to note that the landlord cannot increase the rent during the notice period. The rent can only be increased once the tenancy agreement has expired and a new agreement is signed.
In summary, the tenant has the right to continue living in the property until the end of the tenancy agreement, even if the notice period has been served.
The landlord and tenant may negotiate to end the agreement earlier, but this must be done with the tenant's consent.
