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Can a shop owner issue a 12-month notice to a tenant before selling the property?

Dear Lawyers,

A real estate shop owner would like to sell their shop, which is currently rented.

Can the owner serve the tenant a 12-month legal notice for the purpose of sale?

متميز
الفهد للاستشارات القانونية
دردشة توظيف
اجتماع
24 Dec 2024, 08:06

Dear Questioner,

Thank you for your inquiry regarding the termination of the lease due to the sale of the real estate shop.

Under UAE rental laws, it is indeed possible for a property owner to serve a legal notice to the tenant if they intend to sell the property.

However, there are a few important legal requirements to be aware of:

1. 12-Month Notice Period:

As per the UAE Rental Law, the property owner must serve the tenant with a written notice of at least 12 months before the intended date of termination of the lease.

The notice should clearly state that the termination is due to the owner’s intention to sell the property. This ensures the tenant has sufficient time to vacate the premises.

2. Procedure for Serving the Notice:

The notice must be delivered in writing and can be sent by registered mail or handed over in person to ensure proof of receipt.

It is important that this notice complies with all the legal formalities, including the proper timeframe and delivery method.

3. Good Faith Sale:

The owner must genuinely intend to sell the property. If the tenant suspects that the owner is using the sale as a pretext for eviction without actual intent to sell, the tenant may challenge the termination in court.

4. Tenant’s Right to Contest:

If the tenant does not vacate the property within the notice period, the owner may seek legal action to obtain an eviction order through the courts.

However, the tenant has the right to challenge the notice if they believe it does not meet the legal requirements or if there are valid reasons for contesting the eviction.

Please ensure that the notice is drafted carefully and delivered according to the law's requirements.

If you would like assistance with preparing the notice or have further questions regarding the next steps, please feel free to contact me.

Best regards,

Mohammed Salah

Legal Consultant

24 Dec 2024, 10:08

Dear Mohammed Salah,

Thank you for your answer!

Kindly clarify the conditions under which the judge can question the good faith of the 12-month legal sale notice.

For example, if the shop owner has paid for advertising (which is not cheap), signed a viewing contract, and received viewing requests from agents, but the tenant intentionally disrupts all the viewings.

24 Dec 2024, 10:25

You are always welcome!

Given that the shop owner has taken reasonable steps to advertise the property, signed a viewing contract, and arranged viewings, if the tenant is intentionally blocking those viewings, this behavior may be deemed as acting in bad faith.

The judge will consider all evidence presented, including the tenant's actions regarding viewings, to determine if the sale notice and the landlord’s actions are in good faith.

If the tenant is intentionally obstructing viewings, this could support the shop owner’s claim that the sale notice is genuine and that the tenant is not fulfilling their obligations.

If the situation escalates, it would be advisable for the shop owner to take legal action and seek the court’s intervention to resolve the issue.

متميز
مركز لندن للاستشارات القانونية
دردشة توظيف
اجتماع
24 Dec 2024, 08:15

Hello,

Under UAE law, a property owner can serve the tenant a legal notice of 12 months if they wish to sell the property, provided the terms outlined in the lease agreement and the law are followed.

If the lease is long-term, the landlord can terminate the lease by giving the tenant the required notice period as stated in the contract or according to legal requirements.

We specialize in real estate and leasing matters and can provide you with the necessary legal advice on how to proceed correctly.

Contact us for full support in this matter.

24 Dec 2024, 10:10

Dear Sir,

Thank you for your answer!

The lease is for only 1 year and is not long-term. Kindly clarify the conditions for serving a 12-month legal sale notice correctly.

For example, if the shop owner has paid for advertising (which is not cheap), signed a viewing contract, and received viewing requests from agents, but the tenant intentionally disrupts all the viewings.

24 Dec 2024, 10:54

You can contact us via WhatsApp for further questions, assistance, or detailed legal advice.

We are here to help you.

متميز
راشد خليل عبيد للمحاماة والاستشارات القانونية
دردشة توظيف
اجتماع
24 Dec 2024, 08:42

Yes, in the UAE, a real estate shop owner can generally serve a 12-month legal notice to a tenant for the reason of sale.

The 12-month notice period is a common practice in Dubai for terminating tenancy agreements, especially for commercial properties.

This provides sufficient time for the tenant to find alternative arrangements. There are certain mandatory requirements to be followed while serving a 12-month eviction notice.

We will let you know them in detail. Kindly share your WhatsApp number so we can discuss this further.

24 Dec 2024, 10:11

Dear Rashid Obaid,

Thank you for your answer!

Kindly clarify the mandatory requirements for serving the 12-month legal sale notice.

If the shop owner has paid for advertising (which is not cheap), signed a viewing contract, and received viewing requests from agents, but the tenant intentionally disrupts all the viewings, what steps should the owner take?

24 Dec 2024, 10:34

The notice must be in writing and clearly state the landlord's intention to sell the property.

The notice period must be at least 12 months, giving the tenant sufficient time to find alternative arrangements.

Sending the notice via registered mail with proof of delivery.

The notice is served through a notary public, which provides official documentation and evidence of service.

Hand-delivering the notice to the tenant with a signed acknowledgment of receipt.

The notice should be written in clear and unambiguous language, stating the reason for termination (sale of the property) and the effective date of termination.

It will be better if you serve it through a lawyer.

متميز
جاسم علي الحداد للمحاماة والاستشارات القانونية
دردشة توظيف
اجتماع
24 Dec 2024, 09:06

Hi,

The landlord must notify the tenant of his desire to vacate due to the sale of the property at least (12) months before the eviction date.

متميز
إنجي نبيل للمحاماة والاستشارات القانونية
دردشة
توظيف
اجتماع
24 Dec 2024, 09:08

Yes, the landlord can send a legal notice to the tenant for the purpose of selling.

If you have any other inquiries, contact us on phone number [--------].

متميز
الحجية النوبي للمحاماة والاستشارات القانونية
دردشة
توظيف
اجتماع
24 Dec 2024, 11:00

Hello,

It is indeed possible for either the current owner or the new owner of the property to serve the tenant with a 12-month legal notice.

According to established rulings in Dubai, the new owner inherits all the rights and obligations of the previous owner, including the right to issue such a notice.

If you require any clarification or legal assistance, please do not hesitate to contact me via phone, WhatsApp, or email at [---------]. I would be happy to assist you further.

متميز
دار الحقوق للاستشارات القانونية
دردشة توظيف
اجتماع
24 Dec 2024, 13:48

Dear Client,

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

Yes, the shop owner can serve the tenant a 12-month legal notice for eviction due to the intention to sell the property.

According to Dubai law, specifically Article 25 of Law No. 33 of 2008, a landlord must provide a minimum of 12 months' notice before eviction, and this notice must be served through a notary public or registered mail to ensure its validity.

The notice should clearly state the reason for eviction, which in this case is the intention to sell the shop.

It is essential that the notice is properly documented to avoid any disputes or challenges from the tenant.

Thanks & Regards,

ABDUL WAHIED

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