After evicting the tenant for personal use and gifting the property to my son, can he rent it out?

Greetings,

If you evicted the tenant for personal use and then gifted the property to your son, this may raise legal questions under UAE tenancy laws, particularly regarding the genuine use of the property.

While your son, as the legal owner, generally has the right to rent out the property, the former tenant could challenge the eviction if it appears the stated reason was not fulfilled. This could result in legal consequences, including potential compensation claims.

To assess your specific case and avoid legal complications, we recommend booking a consultation or issuing a legal power of attorney to us to act on your behalf.

Dear Questioner,

Thank you for your inquiry!

Under UAE law, particularly in Dubai as per Law No. 26 of 2007 (as amended), a landlord may evict a tenant for personal use or for use by first-degree relatives, provided a 12-month written notice is served through a notary public or registered mail.

Now that the property has been gifted to your son and he is the legal owner, he is entitled to exercise full ownership rights, including the right to lease the property, provided the original eviction was not found to be in bad faith.

It is important to note that if the previous tenant believes the eviction reason (personal use) was used in bad faith, they may file a case with the Rental Dispute Settlement Centre (RDSC).

However, since the ownership has changed and your son (now the owner) was not part of the original lease or eviction process, it is generally permissible for him to rent the property.

Still, we recommend keeping documentation proving the genuine intention behind the eviction and the subsequent property transfer to avoid any potential dispute.

If you would like assistance drafting a lease agreement or understanding your son's obligations as a new landlord, we would be happy to help.

Kind regards,

Mohammed Salah

Legal Consultant

Hello,

According to Dubai Law No. 26 of 2007 (as amended by Law No. 33 of 2008), if a landlord evicts a tenant for the purpose of personal use or for use by a first-degree relative, they are legally prohibited from re-letting the property to a third party for a period of two years from the date of eviction.

The law does not treat a gift (hiba) the same way it treats a sale, and therefore, the gift transfer to your son does not override the restriction imposed by Article 25(2) of the law.

The Dubai courts have consistently ruled that the purpose behind the eviction, such as claiming personal use, must be honored for the full two-year period. Otherwise, the previous tenant has the right to file a claim for compensation.

Accordingly, I strongly advise not to rent out the apartment to a new tenant under your son’s name within the two-year period.

This would be a legal risk and may expose you to liability. Instead, if necessary, you may consider using the unit in alternative ways, such as short-term holiday rentals or subletting without issuing an Ejari contract.

If you prefer to have a direct discussion, please let me know, and I will guide you on how we may proceed. Alternatively, if you require further clarification, you may kindly share your WhatsApp number here so that I can provide more detailed assistance.

As per the law, the landlord cannot re-rent the property to a third party for two years after evicting the tenant.

Since the ownership has changed, there are some possibilities. Apart from that, there are certain factors you have to consider. We will let you know them in detail.

Kindly share your WhatsApp number to discuss further.

Dear questioner,

Article 26 of the Amended Rent Law states that if a landlord evicts a tenant on the grounds of using the property for their own personal use or the use of any of their first-degree relatives, the landlord is prohibited from renting out the said property to a third party for at least two years from the date the landlord takes possession of the property.

Also, your son is a minor when considering the legal age to hold property and rent it out by himself, so a guardian's approval is required.

It should be managed with utmost care, or else there are high chances of a compensation case.

If you need further clarification, kindly share your WhatsApp number.

Yes, he can rent the property, provided it is registered in his name with the Land and Property Department and the gift is not conditional or restricted by any restrictions.

If you have any other questions, contact us at the phone number [------------].