أسئلة وأجوبة
I purchased an apartment, but the previous landlord refuses to vacate. What to do?
Hello,
I bought an apartment, but the previous landlord is refusing to vacate it. The contract clearly states that the landlord should hand over the apartment on the day of the transfer.
Out of courtesy, I gave him three days to vacate so he could find a new place to stay, but the time has passed, and he is still refusing to vacate and hand it over.
What should I do in this case?
Wishing you a pleasant day ahead!
According to UAE law, the landlord is obligated to hand over the apartment on the day of transfer as stated in the contract.
If the previous landlord fails to do so, the new landlord has the right to file a complaint with the Rent Dispute Settlement Committee.
The committee will then investigate the matter and issue a decision within 15 days. If the landlord still refuses to vacate the apartment, the committee can issue an eviction order and the new landlord can request the assistance of the police to enforce the order.
It is important to note that the new landlord should not take any action on their own, such as changing the locks or forcefully removing the landlord, as this can lead to legal consequences.
It is best to follow the proper legal procedures and seek the assistance of the Rent Dispute Settlement Committee.
Greetings of the day,
Since the previous owner (landlord) is refusing to vacate despite the contract stating that the apartment should be handed over upon transfer, you have strong legal grounds to take action.
1. You can send a formal legal notice through a lawyer or a registered notary to demand immediate handover.
Mention the contract terms and the delay in vacating.
2. Since this is a property handover issue, you can file a complaint with the Dubai Land Department (DLD) – Rental Dispute Center (RDC).
The RDC can issue an eviction order if the seller is unlawfully occupying the property.
3. If you already have a legal ownership certificate and the seller is refusing to vacate, you can visit the local Dubai Police station with your property transfer documents.
They may intervene if the person is trespassing.
4. If the seller still refuses, you can escalate the matter by filing an eviction case in court.
The court will issue an order to forcibly remove the previous owner.
Best Regards,
Sara Al Saedi Advocates and Legal Consultants
Dear Client,
Thanks for your question! I hope you are doing well. I will assist you in this matter.
As the new property owner facing the previous owner who refuses to vacate, you should take immediate legal action.
First, serve a formal eviction notice through a notary public or registered mail. If he doesn't respond, file a case with the Rental Dispute Settlement Center (RDSC) in Dubai.
Gather all relevant documents, including the property transfer agreement and any communication with him, as evidence.
It's advisable to consult with us to ensure you're following the correct procedures. Avoid any self-help eviction measures, as they're illegal.
While you've shown courtesy by giving extra time, it's now crucial to act promptly through official channels to resolve this issue legally and efficiently.
You can contact us via WhatsApp for further clarification or additional support. We are dedicated to providing professional, timely, and comprehensive assistance tailored to your situation.
Thank you!
ABDUL WAHIED
Hello,
1. Send a legal notice (official notice).
2. Send an official notice to the previous owner through a notary public, asking him to vacate the apartment immediately within a specified period.
3. You must make it clear in the notice that his continued residence is illegal and that you will take legal action if he does not vacate.
4. File a complaint with the Rental Disputes Settlement Center (RDC).
5. If the previous owner does not respond to the notice, you can file an immediate eviction case with the Rental Disputes Settlement Center at the Dubai Land Department (RDC).
6. You must provide the sales contract as proof that you are the new owner, along with a copy of the notice sent to him.
For assistance with eviction, please contact us via phone or WhatsApp number [------------].
Under UAE law, if the contract states that the apartment should be handed over on the transfer day and the previous landlord refuses to vacate after the given deadline, you can file a complaint with the Real Estate Registration Department or take legal action to evict the landlord.
We specialize in these cases, and you can contact us via WhatsApp for a detailed legal consultation.
Dear questioner,
You can file a complaint with the DLD for the eviction of the person.
Currently, you have possessory and title rights, and if the person is staying without your permission, it is necessary to file a complaint to evict him.
If you need further assistance, kindly share your WhatsApp number.
Dear Questioner,
Thank you for your inquiry!
Regarding your situation where the previous landlord is refusing to vacate the apartment after the transfer of ownership, here’s my guidance on how to proceed:
1. Review the Sale Agreement
The first step is to ensure that the sale agreement clearly stipulates the landlord’s obligation to vacate the apartment on the day of the transfer.
Since you mentioned that this is explicitly mentioned in the contract, the landlord is legally bound to hand over possession to you at that time.
2. Issue a Formal Notice
Since the 3-day courtesy period has passed and the landlord has not vacated, I recommend sending a formal written notice to the previous landlord, requesting them to vacate the property immediately. The notice should:
- Cite the terms of the sale agreement and the date of transfer.
- Politely but firmly request the landlord to vacate and hand over the keys.
- Set a final deadline for vacating the apartment.
Make sure to send this notice by a trackable means (email, registered mail, etc.) to maintain a record of communication.
3. Contact the Authorities
If the landlord continues to refuse to vacate the apartment after the notice period, you have the right to file a complaint with the Rental Disputes Center or the Dubai Land Department, depending on the location of the property. The authorities can issue an eviction order and enforce it if necessary.
4. Legal Action
If the landlord does not comply with the eviction order, you may need to initiate legal action for breach of contract. The court can enforce your right to take possession of the property.
5. Consider Mediation
Before pursuing formal legal action, you might want to consider mediation through the Dubai Land Department. This could be a quicker and less costly option for resolving the dispute.
6. Recommended Next Steps:
- Send a formal notice requesting immediate vacation of the property.
- If no response or refusal, file a complaint with the Rental Disputes Center.
- Consider legal action if the issue remains unresolved.
Please let me know how you would like to proceed or if you need assistance with drafting the formal notice or initiating any legal procedures.
Best regards,
Mohammed Salah
Legal Consultant
You've mentioned that the contract clearly states handover on the day of transfer. This is crucial.
Send a formal, written notice to the previous landlord demanding immediate possession of the apartment.
Clearly state that the handover date has passed, and his continued occupancy is a breach of contract. Set a very short deadline (e.g., 24-48 hours) for him to vacate.
If he is not willing to cooperate, we have to file a dispute for eviction. We will discuss the procedures in detail.
Kindly share your WhatsApp number so we can proceed.
Thank you for reaching out and sharing the details of your situation!
I understand how frustrating it must be to deal with a landlord who is refusing to vacate the apartment despite the clear terms in your contract.
Given that your contract stipulates the apartment should be handed over on the day of transfer, and considering that you have already offered a 3-day extension out of courtesy, the landlord is in breach of the agreement.
In this case, you have the right to take legal action to enforce the terms of the contract and regain possession of the property.
To resolve this matter effectively, I recommend the following steps:
- Formal Notice:
Send a formal written notice to the landlord, demanding the immediate vacation of the property and reminding them of the contractual obligations.
- Legal Action:
If the landlord fails to comply, I can assist you in filing a case before the relevant court to obtain an eviction order, ensuring that the landlord vacates the property.
As your attorney, I can guide you through the process and handle all the legal aspects to ensure that you regain possession of your property promptly.
Please don’t hesitate to reach out to me via WhatsApp, phone, or email to discuss the next steps. I am available to help you resolve this issue as soon as possible.
Best regards,
Suhail Rana
- Send a Formal Notice: Remind the landlord of the contract terms and request immediate vacation of the apartment.
- Mediation: Contact the relevant real estate authority (e.g., RDC in the UAE) for assistance.
- Legal Action: If still refused, file a case with the rental dispute center for an eviction order.
- Enforce Eviction: If necessary, authorities can assist in removing the landlord.
- Consulting with a lawyer may be helpful for more guidance.
