I bought a property and the seller sent the tenant an eviction notice but he refuses to leave. What to do?

Dear Questioner,

Thank you for reaching out with your inquiry.

Based on the details you’ve provided, the tenant’s refusal to vacate the property after the expiration of the 12-month notice period does present a legal issue that needs to be addressed.

To summarize, the notice served by the previous landlord for the sale of the property, along with the renewal terms you included in the new lease agreement, clearly stipulate that the lease would end in accordance with the court notice and that the landlord (now yourself) would not renew the lease.

Since the tenant has been given the appropriate notice and the property was sold according to the terms of that notice, they are legally obligated to vacate the premises by the end of the notice period.

Here are the potential steps you can take to resolve this matter:

Review the Court Notice and Lease Agreement: Ensure that the 12-month notice served by the previous landlord was legally valid and that the tenant was properly notified.

The lease agreement should explicitly state that the contract ends on the date of the court notice, as well as any terms related to the non-renewal of the lease.

Tenant's Refusal to Vacate: If the tenant is refusing to vacate the property, despite the expiration of the notice period, this is a breach of the contractual terms. In such cases, the landlord is entitled to initiate legal action to enforce eviction.

Legal Action and RDC Filing: You may need to approach the Rental Dispute Center (RDC) to file for eviction. The RDC will review the case, and provided that the notice was valid, they should rule in your favor for the tenant to vacate.

Communication with the Tenant: If the tenant's refusal is due to misunderstanding or other reasons, it may be worth attempting a direct communication or negotiation to resolve the issue before taking legal action.

However, should this fail, proceeding with the RDC would be the next logical step.

Please let me know if you would like to discuss this matter further or if you require assistance with initiating the eviction process. I am happy to guide you through the next steps.

Best regards,

Mohammed Salah

Legal Consultant

Dear client,

Please note as per the law, the rights of the old landlord were transferred to you as the new owner so you can use the legal notice and file the eviction case if the 12 months have passed.

We can handle the case for you at a good price, just contact us on the phone.

Best regards

The 12-month notice served by the old landlord is valid even when the property is handed over to the new landlord.

The tenant is obligated to evict the property upon eviction. If he is not willing the landlord can file an eviction suit in the rental dispute center.

We will let you know the procedures in detail. Kindly share your WhatsApp number to discuss this further.

Dear Inquirer,

Thank you for reaching out.

Based on the details provided, it appears that the proper legal procedures were followed regarding the 12-month notice and lease terms.

However, if the tenant is now refusing to vacate, legal action may be necessary to enforce your rights as the property owner.

We recommend booking a consultation with our legal team to assess the best course of action and ensure a swift resolution.

Please visit our website or contact us directly for professional legal assistance.

Best regards,

We are happy at Future Vision Law Advocates and Legal Consultancy to assist you and provide the best legal services that meet your needs.

To contact us, you can call or WhatsApp us.

Hello,

Since the property was sold with an active eviction notice, the new landlord (buyer) should be able to enforce the eviction.

If the tenant acknowledged this notice during the lease renewal, they are legally obligated to vacate.

If the tenant refuses to vacate, you can file an eviction case with the Rental Dispute Settlement Centre (RDSC) under the Dubai Land Department (DLD).

You can go to court to file an eviction request based on the notice issued in accordance with the terms of the contract.

Make sure the court notice is legally served and documented. The notice must include the necessary procedures, such as the duration of the notice to the tenant.

If the tenant continues to refuse to comply with the notice, you may need to file a lawsuit to evict the unit under local laws regarding landlord and tenant rights.

For assistance, please contact us via phone or WhatsApp .

Dear Sir/Madam,

Thank you for sharing the details of your situation.

Based on the information provided, it appears that you have followed the proper legal procedures for evicting a tenant in Dubai due to the sale of the property.

Below is a professional assessment and guidance on how to proceed:

Legal Compliance

1. 12-Month Eviction Notice:

- The previous landlord served a 12-month notice through the court specifically for the purpose of selling the property, which complies with Dubai's tenancy laws (Law No. 26 of 2007).

- As the new owner, this notice remains valid and binding on the tenant, as per the principle of "special succession."

2. Lease Agreement Terms:

- During the renewal of the lease with you as the new landlord, it was explicitly stated in the contract that:

- The lease would not be renewed.

- The validity of the lease was tied to the date mentioned in the court-issued notice.

- This ensures that the tenant was fully aware of their obligation to vacate at the end of the 12-month period.

3. Tenant’s Refusal to Vacate:

- The tenant’s refusal to vacate despite receiving proper notice and clear contractual terms is not legally justified under Dubai tenancy laws.

Recommended Next Steps

1. Communicate Professionally with the Tenant:

- Send a formal written notice reminding them of their obligation to vacate as per:

- The court-issued 12-month eviction notice.

- The terms of their lease agreement.

2. File a Case with RDSC (Rental Disputes Settlement Centre):

- If the tenant continues to refuse, you may escalate the matter by filing an eviction case with RDSC. Provide all relevant documentation, including:

- A copy of the original 12-month eviction notice issued by the previous landlord.

- Proof of purchase (sale agreement) showing you as the new owner.

- The lease agreement signed with you as a landlord, highlighting non-renewal clauses and validity tied to the court notice.

- Any written communication with the tenant regarding their obligation to vacate.

3. Seek Legal Counsel:

- Engage a real estate lawyer experienced in UAE tenancy laws to ensure your case is presented effectively and to expedite resolution.

Important Considerations

- Ensure all communications with the tenant remain professional and documented for use in legal proceedings if required.

- Dubai law protects landlords’ rights in cases where proper eviction procedures have been followed, particularly when a property is sold or needed for personal use.

By taking these steps, you can proceed confidently while adhering to Dubai’s tenancy regulations.

If you need any additional help or clarification, please feel free to ask.

Yours sincerely,

ABDUL WAHIED