Can the new landlord evict the tenant from property within 90 days?

Dear Questioner,

I assume the property is in the Emirate of Dubai and Law No. 26 of 2007 regulating the relationship between landlords and tenants in the emirate of Dubai (the 'Dubai Tenancy law') and Law No. (33) of 2008 Amending Law No. (26) of 2007 (the 'Amended Dubai Tenancy Law') apply in this case.

As you are aware Article 25 (2) specifically states that the landlord shall give the tenant at least 12 months notice not to renew stating the applicable reason, and the applicable reasons are as follows:-

Article 25 (2) provides that landlords can give tenants notice not to renew leases [through a Notary Public or by registered mail] in the following instances:

1. If the landlord wishes to demolish the property for reconstruction (provided the necessary licenses for such reconstruction are obtained);

2. If the landlord wishes to renovate the property (provided such renovations cannot be completed while the tenant is in occupation and this fact has been certified by the Dubai Municipality);

3. If the landlord wishes to recover the property for use by him personally or by his next of kin of first degree; or

4. If the landlord wishes to sell the property.

Even though the tenancy contract states otherwise [like in your situation states that Landlord has right not to renew the tenancy contract by writing a notice 90 days before the expiry], in most cases Article 25 overrides any such clauses in the tenancy contract.

However, the court may apply its discretion in each case under the circumstances before applying the law.

Finally, please note that all the terms and conditions signed by the previous owner will subsist as per Article 28, which states that "the transfer of title to a new landlord shall not affect tenant’s right to continue the occupation of the property in accordance with the tenancy contract signed with the previous owner, provided that the tenancy contract has a fixed date."

Regards,

Rajasree Ravivarma