أسئلة وأجوبة
Can the landlord evict the buyer of a business from the office if he was not informed of the sale?
Hi,
My friend purchased a business from someone this year. The seller later wrote to the landlord of the office that she was no longer the owner of the business and that she would not continue to be the tenant. She gave that in writing.
After this, a real estate agent mailed my friend that since the business was sold without getting approval from the landlord who wants to sell it, hence, they want to cancel Ejari or vacate upon the expiry of Ejari which is due 40 days from now.
So my friend who had no RERA experience gave the real estate agent a letter in the name of the landlord that they would vacate it after Ejari.
But now they r not getting the office of their needs immediately and Landlord is not ready to extend even one hour extra.
What can he do now in Ejari?
There is a clause that rental rights cannot be transferred.
Please note that Ejari is in the name of Business and not an individual.
1- Should they ask for legal notice?
2- Can he evict them due to the letter?
Please advise how to extend it?
As you mentioned, Ejari clearly states that rental rights cannot be transferred.
This means the original tenancy agreement remains with the original tenant (the previous business owner), not the current business owner.
Even though the rights cannot be transferred there are several defenses you can take. They can ask for an eviction notice regardless of the transfer of rights.
As of now, he is the business owner. And the circumstances happened all of a sudden. So proper eviction notices and a 90-day prior notification before the expiry of the contract is compulsory.
Try to negotiate with the Landlord. If he is not willing, it will be better if we file a suit to get the Ejari renewed.
We will discuss the procedures in detail. Kindly share your WhatsApp number to discuss this further.
Dear Questioner,
Good morning.
1. Transfer of Lease: The Ejari is in the business name, and as per UAE law, rental rights cannot be transferred without the landlord’s consent, especially if this is stated in the lease agreement. The landlord’s approval is essential for any changes to the lease.
2. Letter to Real Estate Agent: By sending the letter to vacate after the Ejari expires, your friend may have unintentionally agreed to leave. This can be legally binding, so it's important to clarify this in writing with the landlord.
3. Next Steps:
- Communicate with Landlord: Try to negotiate an extension or a solution directly with the landlord, as the current agreement may be enforceable.
- Review the Lease: Examine the Ejari contract for clauses related to lease transfer and termination.
For detailed assistance, contact us by phone or email.
Best regards,
Mohammad Salah
Legal Consultant
Hello,
The seller’s notice to the landlord that they are no longer the tenant is likely to be valid only if it is done correctly and in accordance with the lease terms.
The fact that your friend’s business was sold without the landlord’s consent could create complications, as many commercial leases require the landlord's approval before the lease is transferred or a new tenant takes over.
The landlord can evict your friend once the Ejari expires if your friend has agreed to vacate in writing. The landlord does not need to extend the lease if your friend has already agreed to vacate.
If the landlord refuses to extend the lease and your friend has agreed to vacate, the landlord is within their rights to demand that your friend leave at the expiration of the Ejari.
Unless there is a breach of contract by the landlord or a failure to meet agreed-upon conditions, the landlord has the right to terminate the lease once it expires.
Dear Client,
Thanks for your question! I hope you are doing well. I will assist you in this matter.
Your friend's situation involves a business sale without landlord approval, potentially violating Ejari lease terms.
The letter agreeing to vacate may be legally binding, making extension challenging. Immediate steps should include direct negotiation with the landlord and offering financial incentives for a short-term extension.
If negotiation fails, consult with us for proper guidance. Exploring alternative temporary office spaces could provide a backup solution while resolving the current lease dispute.
For any further discussion, 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
Check the registered tenancy agreement (Ejari), especially the clauses relating to the transfer of tenancy rights and an eviction notice.
If a non-transfer clause is in place and the business is transferred without the landlord’s consent, the landlord may be in a strong legal position.
If they do not receive a registered legal notice from the landlord via the Rental Dispute Resolution Centre, they cannot be legally evicted without following the correct legal procedures.
Formal notices must be notarized, signed, and sent through the Real Estate Regulatory Authority (RERA) or the court.
