I evicted my tenant to move in, but my plans have changed. Can I sell the property?

Dear Questioner,

They can file a claim for compensation if the tenant proves to the court that your intention was to evict the unit to re-rent it.

We advise you to send another notice for selling the unit, and we can assist you with the rest of the process as needed.

For more information, you can WhatsApp me directly.

Dear Questioner,

Thanks for your inquiry!

Regarding the above, we would like to inform you that, according to UAE law, if you have evicted your tenant with a valid reason such as moving in yourself, you are not allowed to sell the property until the eviction period has ended.

This means that you cannot sell the property until October when the eviction period ends.

If you do decide to sell the property before the eviction period ends, the new owner will have to honor the remaining months of the eviction period and cannot evict the tenant until it has ended.

It is important to note that if you do sell the property, you will still be responsible for any legal obligations towards the tenant, such as returning their security deposit or any outstanding rent payments.

If you have changed your plans and no longer wish to move into the property, you can discuss the situation with your tenant and come to a mutual agreement to terminate the tenancy contract early.

This would require the tenant's consent and a written agreement between both parties.

Kindly do not hesitate to contact us at [-----] for further inquiry.

Greetings,

You can sell the property if the tenant's eviction is legal.

Yes, you can, but don't rent it again.

For more information, please contact us.

Hello dear questioner,

Yes, you can sell the property, whether it is rented or not.

You must send a notice to the tenant explaining that you intend to sell the property to a new owner or that you do not have the desire to renew the contract term.

For further clarification, please share your WhatsApp number.

Dear Questioner,

According to Article 26 of the law, you are prohibited from re-renting the unit again for a period of two years.

You can go to court and explain your reasons and the court may reduce the period, but if you want to sell the unit, there is likely no problem, because you did not re-rent it again.

To obtain free legal advice that includes all the details, kindly contact us.

Dr. Mohamed Allam

Doctorate in Public Law

Head of the Litigation and Arbitration Department at Wafaa Al Hosani Advocates and Legal Consultations

Certified legal advisor in the Dubai Government Legal Affairs Department

Yes, no issue. Since you will not rent it again, you can use or sell it.

Dear Questioner,

Thank you for reaching out with your question regarding the property situation!

In Dubai, once you have evicted a tenant with the intention to move in, it is generally expected that the landlord or a first-degree relative will occupy the property for at least 12 months.

However, circumstances do change, and you may have options available.

You can proceed with selling the property, but it's important to handle the situation correctly to avoid any potential legal complications with your former tenant.

I can provide you with detailed advice on how to navigate this process and ensure compliance with Dubai's rental laws.

To discuss your specific case and explore your options further, please reach out to me via WhatsApp or phone at [------].

If you have served a tenant with an eviction notice, and they have vacated, you are free to use, sell, or leave the property unused or unsold.

The important thing about eviction is not to exploit the law to evict the tenant and then re-rent the property at a higher rent.

Since you do not intend to re-rent the property, you can sell it normally without any issue.

The key is not to re-rent it.

Dear Questioner,

In Dubai, if you have evicted your tenant for the purpose of moving in yourself but circumstances have changed, and you now wish to sell the property instead, here are some important points to consider:

1. Contract and Legal Obligations:

Review the tenancy contract and eviction notice you provided to the tenant. Ensure that you have complied with all legal requirements and timelines for evicting the tenant based on the move-in reason.

If the eviction process is ongoing and the tenant is expected to vacate by October, you may need to proceed as per the terms of the eviction notice.

2. Communication with Tenant:

It's important to communicate openly with the tenant about the change in plans. Discuss the situation, share your decision to sell the property, and agree on the next steps in a respectful and transparent manner.

3. Buyout Option:

You may consider offering the tenant a buyout option where you compensate them for the inconvenience of the eviction and the early termination of the tenancy. This can be negotiated and mutually agreed upon to facilitate the sale of the property.

4. Legal Consultation:

Consult with a real estate lawyer in Dubai to understand the legal implications of selling the property before the eviction period ends. To provide guidance on your rights, the tenant's rights, and the proper procedures to follow in this situation.

5. Property Sale Process:

If you decide to sell the property while the tenant is in the eviction period, ensure that the sale process complies with the applicable laws and regulations in Dubai. Consider engaging a real estate agent or property consultant to assist with the sale.

6. Timeline Consideration:

Keep in mind the timeline for selling the property and coordinate with the tenant to facilitate a smooth transition and handover process once the property is sold.

7. Fair Treatment:

Throughout this process, prioritize fair treatment of the tenant, adhere to the terms of the eviction notice, and handle the property sale with integrity and transparency.

It's crucial to handle the situation with care, respect the rights of the tenant, and seek legal advice to navigate the process effectively.

By communicating openly, following legal guidelines, and addressing any potential challenges proactively, you can work towards a successful sale of the property while ensuring a fair outcome for all parties involved.

If you require further clarification or assistance, feel free to ask.