أسئلة وأجوبة
Can I serve a vacating notice shorter than 12 months to my tenant if I am selling the property?
Hello,
I would like to serve a vacating notice to my tenant, as I am selling the property.
Is there any way to serve a notice shorter than 12 months?
What is the process, and what is the normal cost involved?
Hello,
According to the UAE’s Real Estate Laws, the standard notice period to terminate a lease agreement is 12 months before the end of the contract.
This is generally applicable if the lease is being terminated for reasons such as selling the property or personal use.
This means that in most cases, unless the contract is expiring, tenants have the right to stay until a full year after notice is given.
For a detailed discussion regarding the procedure, kindly share your WhatsApp number.
Thank you for reaching out with your question regarding serving a vacating notice to your tenant.
In Dubai, the standard legal requirement for a vacating notice is 12 months if you're planning to terminate a lease agreement for the purpose of selling the property.
However, there are exceptions that may apply depending on specific circumstances and the nature of the lease.
In certain cases, a shorter notice period may be negotiable, but this would need to be carefully considered within the framework of the law and the terms of your lease agreement.
The process involves:
- Serving the notice: This must be done in writing, ensuring it is delivered in accordance with legal procedures.
- Notifying the tenant: The notice should clearly state the intent to sell and the deadline for vacating, in line with the law.
- Filing with the Rent Committee: If disputes arise regarding the notice, you may need to involve the Dubai Rent Committee.
Regarding costs, these typically include legal fees for drafting and serving the notice, as well as possible filing fees if the matter goes to the Rent Committee.
I can provide a more detailed breakdown based on the specifics of your case.
If you'd like to discuss this further or get assistance with the notice, please feel free to reach out to me directly via WhatsApp or phone at [-----------], or by email at [-----------].
I’d be happy to assist you in handling this matter efficiently.
Best regards,
Suhail Rana
Dear Questioner,
Thank you for your inquiry regarding serving a vacating notice to your tenant.
You are required to provide the tenant with a 6-month notice period if you are selling the property or intend to use it for personal purposes.
This is a change from the previous requirement of a 12-month notice for such cases.
Please note that the notice must be given in writing, and it should be served to the tenant through a registered method, such as registered mail or a legally recognized service.
Costs:
Generally, there will be legal fees associated with drafting and serving the vacating notice, especially if you are using a lawyer or a legal service for the process.
If you choose to involve legal services for handling the eviction or dealing with potential disputes, these additional costs will depend on the specific circumstances of the case.
If you need further assistance in drafting the notice or any other legal support related to this process, feel free to reach out. I would be happy to assist you in ensuring that the process is compliant with the relevant laws.
Looking forward to your confirmation on how you would like to proceed.
Best regards,
Mohammed Salah
Legal Consultant
Dear Inquirer,
In Dubai, landlords must provide a 12-month notarized vacating notice if they intend to sell the property. There is generally no legal way to shorten this notice period unless the tenant agrees to vacate earlier.
1. Process & Key Steps:
- Notarized Notice: The notice must be served through a notary public and sent via registered mail or courier.
- Legal Compliance: The notice must clearly state the reason for eviction (property sale).
- Negotiation Option: If the tenant agrees, an amicable settlement can be reached for early vacating.
2. Costs Involved:
- Notary & Courier Fees: Typically AED 1000 – 2,500, depending on the service provider.
- Legal Assistance: Recommended for ensuring compliance and avoiding disputes.
For expert legal guidance and to proceed smoothly, book a consultation with us today!
Best regards,
Unfortunately, in Dubai, it's generally not possible to serve a shorter notice period than 12 months for the purpose of selling the property.
This is mandated by Dubai Rental Law (Law No. 26 of 2007, as amended by Law No. 33 of 2008). Normally it should serve through Dubai court or through registered Aramex.
The charge will be around 3500 AED including power of attorney.
If you need to proceed, kindly share your WhatsApp number.
Dear client,
As per the law, the notice period must be 12 months. We can serve the notice for you. Our fees are as follows:
- Our service fee: AED 500 + VAT
- Notary fees: AED 220
- Notification fees: AED 85
- Translation fees: AED 120
- Total: AED 950
We will process it through your UAE Pass.
Timeline: 3 working days within Dubai.
You can contact us at [-------------] for any assistance.
Thanks!
If the landlord needs the property for personal use or for the use of their immediate family members, they can serve a 3-month notice to the tenant.
This notice must be served through a notary public or registered mail.
If the tenant has violated the terms of the tenancy contract, the landlord can serve a 30-day notice for eviction.
This can include non-payment of rent, subletting the property without permission, or causing damage to the property.
In case of a sale of the property, the landlord can serve a 12-month notice to the tenant. However, if the new owner wishes to use the property for personal use, they can serve a 3-month notice to the tenant.
The cost involved in serving a notice to vacate may include notary fees, registered mail fees, and legal fees if you choose to consult with a lawyer.
Thank you for reaching out regarding your intention to serve a vacating notice to your tenant due to selling the property.
Below are the key legal points and processes:
1. Can You Serve a Shorter Notice Period than 12 Months?
No, as per Dubai Rental Law (Law No. 33 of 2008, Article 25(2)), landlords must provide a 12-month notarized eviction notice if they are selling the property.
The notice must be served via a Notary Public or registered mail, ensuring the tenant receives official communication.
2. Exceptions for a Shorter Notice:
- Mutual Agreement: If the tenant agrees to vacate earlier, a settlement can be negotiated.
- Breach of Tenancy Terms: If the tenant violates the lease (e.g., unpaid rent, subleasing without consent), you may have a legal ground for an urgent eviction case.
3. What is the Process for Serving the Eviction Notice?
Step 1: Prepare the Eviction Notice
The notice must state that the property is being sold and the tenant has 12 months to vacate.
It should be in both Arabic and English for legal clarity.
Step 2: Notarization & Official Service
The notice must be notarized by a UAE Notary Public. Serve it via registered mail or courier with proof of delivery.
Step 3: Follow Up & Compliance
After receiving the notice, the tenant is legally required to vacate at the end of the notice period.
If they refuse, you can file an eviction case with the Rental Dispute Center (RDC) for enforcement.