Bought a tenanted property, but the tenant vanished. What legal action can I take?

Hello,

If the previous landlord failed to properly hand over the property and the tenant absconded without informing you, you may have legal grounds to take action against the seller for misrepresentation or breach of contract.

You could also pursue claims related to financial losses and non-disclosure. Additionally, verifying the tenancy contract and official handover records will be crucial in determining liability.

To assess your case and explore the best legal course of action, book a consultation with us today.

We can help you file a case. We can review your sales agreement and tenancy records (e.g., Ejari) and file a formal complaint with RERA or the Dubai Land Department (DLD).

We can prepare and submit the necessary legal documents to pursue compensation for your financial losses and represent you in negotiations or court proceedings to resolve the matter effectively.

Kindly contact us for further support.

Good evening,

We must review the contract and its terms in order to provide the correct advice

The previous owner (landlord) had a duty to provide you with vacant possession of the property or at least fully inform you of the tenancy status. If they failed to do so, they may be in breach of the sale and purchase agreement.

If the tenant handed over the property to the previous owner, that owner was obligated to inform you. We can pursue legal action against the landlord for breach and misrepresentation. We will discuss the possibilities in detail.

Kindly share your WhatsApp number to discuss this further.

Dear Questioner,

Thank you for reaching out!

Based on your situation, you may have legal grounds to take action against the previous owner for misrepresentation and failure to disclose material facts regarding the tenancy.

Here are the possible legal steps you can take:

1. Action Against the Seller (Previous Owner):

If the seller failed to disclose that the tenant had already absconded before the sale, this could amount to fraudulent misrepresentation.

You may have grounds to file a civil case for compensation due to financial losses incurred as a result of the misleading transaction.

If the sale agreement included a clause confirming that the property was tenanted, you can claim breach of contract and seek damages.

2. Action Regarding the Tenant:

If the tenant claims to have handed over the property to the previous owner but failed to formally vacate through legal procedures, you may still have a case against them for abandoning the property without notice.

You can file a police complaint if the tenant left unpaid utility bills or damages that impact the property’s condition.

3. Filing a Case with the Rental Dispute Center (RDC):

Since this is a rental-related dispute, you may file a case with the Dubai Rental Dispute Center (RDC) to seek compensation or clarify your legal standing regarding the lease and financial losses.

4. Next Steps:

- Review Your Sale and Purchase Agreement (SPA) to check if there are any clauses regarding tenancy status and seller’s obligations.

- Gather evidence, including communication with the seller, any agreements, and proof of the tenant’s claim.

- File a complaint with the RDC or pursue a civil claim against the seller for misrepresentation.

I’d be happy to assist you with the legal procedures and help you seek compensation for your losses. Let me know how you’d like to proceed.

Best regards,

Mohammed Salah

Legal Consultant

Based on the details you provided and in line with the applicable laws in the UAE, it appears that you have a strong legal position.

Here is the proposed legal approach to address this matter:

1. Legal Issues & Your Rights:

a. Seller’s Failure to Disclose the Tenant’s Absconding

If the seller knowingly failed to disclose that the tenant had already vacated, this could be considered fraudulent misrepresentation or bad faith under UAE law.

The UAE Civil Code mandates that contracts must be performed in good faith, and non-disclosure of critical facts may entitle you to claim compensation.

b. Potential Contractual Violation:

If your Sales & Purchase Agreement (SPA) states that the property was sold with an active tenancy contract, but the tenant had already absconded, this may constitute a breach of contract.

Remedies: You may seek financial compensation for lost rental income and damages.

c. Possible Rental Fraud:

If the seller misled you about the rental yield and tenant status, you may have grounds for a civil fraud claim.

Penalties: The court could order compensation or contract rescission (cancellation).

2. Legal Actions You Can Take:

a. Serve a Legal Notice to the Seller:

Demand compensation for losses caused by the misrepresentation. Warn of potential legal proceedings if the issue is not resolved.

b. File a Case for Financial Compensation:

If no resolution is reached, you can file a civil lawsuit against the seller for:

- Lost rental income,

- Legal & administrative costs, and

- Any additional damages caused by their misrepresentation

c. Register a Rental Dispute (If Needed):

If there’s a dispute regarding the rental contract, you may approach the Dubai Rental Dispute Settlement Centre (RDC) to confirm the property’s rental history and claim any outstanding amounts.

3. How I Can Assist You:

- Review Your SPA & Contract Terms to assess the best legal claim.

- Draft & Send a Legal Notice to the seller demanding financial compensation.

- File a Civil Case (If Needed) to recover losses from misrepresentation.

- Assist in Rental Dispute Filing to confirm rental history & entitlements.

4. Next Steps:

Given the complexity of your case, I recommend acting quickly to protect your rights. Let’s set up a consultation to review your documents and determine the strongest legal approach.

Looking forward to assisting you!

Best regards,

Omar Mosaad

Senior Legal Consultant

Dear Sir/Madam,

Thank you for bringing this complex property matter to our attention!

Based on the information you've provided regarding your recent property purchase and the subsequent issues with the absconded tenant, I can offer the following professional advice:

1. Document Review:

Thoroughly examine your purchase agreement and any related documentation for clauses pertaining to existing tenancies or handover procedures.

2. Communication with Previous Owner:

Initiate formal communication with the previous owner to obtain clarification on the alleged handover process with the tenant. Request all relevant documentation related to this matter.

3. Regulatory Complaint:

Consider filing a formal complaint with the Real Estate Regulatory Authority (RERA) in Dubai. RERA oversees property transactions and may be able to mediate or provide guidance on your situation.

4. Legal Action Consideration:

If it's determined that the previous owner failed to disclose material information about the property or tenant, you may have grounds for legal action based on misrepresentation or breach of contract.

5. Tenant Tracing:

Engage the services of a legal professional to assist in tracing the absconded tenant, as they may be liable for unpaid rent or property damages.

6. Property Assessment:

Conduct and document a comprehensive inspection of the property to assess its current condition and any potential damages left by the tenant.

7. Civil Proceedings:

As a last resort, you may consider initiating civil proceedings in Dubai courts against the relevant parties for any financial losses incurred.

Given the complexity of your situation, I strongly recommend consulting with us. We can provide tailored advice and guide you through the most appropriate course of action for your specific circumstances.

If you require any further clarification or assistance, please don't hesitate to ask.

Yours sincerely,