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كيف يستطيع المستأجر تجنب أي نزاعات في حالة نقل العقار إلى مالك جديد؟

مرحبًا جينيفر،

يرجى تقديم المشورة لي لفهم وضعي القانوني.

تلقيت مؤخرًا مكالمة من مساعد المالك يطلب مني دفع شيك الربع الأخير نقدًا حيث سيغلق المالك حساباته المصرفية هنا. أيضًا، يريد مني السماح له بالحضور مع مشترٍ لمعاينة العقار.

المشكلة هي أنني انتقلت للتو منذ سبعة أشهر ولأننا كنا نخطط للبقاء لفترة طويلة، اشترينا أثاثًا جديدًا والذي كلفنا الكثير. الآن أنا بحاجة إلى فهم وضعي.

في حالة تغيير المؤجر، هل يحق له زيادة الإيجار؟

وما هي المدة المحددة التي يجب عليه أن يخطرني خلالها لإخلاء الشقة؟

شكرًا لكِ مقدمًا.

Arkhurst & Abdellah Solicitors
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21 Nov 2021, 06:36

Dear Sir/Madam,

As per landlord and tenant laws, a landlord can sell his property at any time. If he wishes to do so from the start of the tenancy, he must give 12 months' advance notice to the tenant. Most landlords prefer not to do this as it will put prospective tenants off.

If the landlord wishes to sell during the term of your tenancy, your tenancy by law is unaffected. The new owner is obliged to sign a new tenancy agreement with you for the balance of the term at least, with the same rent, terms, and conditions.

In this instance, you are fortunate as you have a few months to run on your tenancy contract. As a tenancy contract cannot be less than one year, the new landlord will have to sign a new 12 months tenancy with you for the same rent as before.

The procedure typically with property sales by landlords is for the property ownership to be transferred to the new owner, then the old landlord must write to you to advise you of this, that your tenancy continues as normal under a new tenancy contract with the new landlord.

With regards to rent payment, please seek written clarification as to whether the current landlord has sold his property. Ask for a copy of the current title deed and check this against records held in the government offices - Lands Department.

The reason why I ask you to do this is that, if your landlord has already sold the property, then he is legally not entitled to the last rent, that last quarter rent must go to the new landlord to protect yourself and avoid having to pay twice or get involved in any disputes with the two owners.

Many thanks!

Jennifer Arkhurst

21 Nov 2021, 06:43

Thanks a lot for your professional answer!

Just wanted also to know does he has any right to ask me to leave before 3 months as he was telling me that he has the right to inform me before 3 months, not 12?

21 Nov 2021, 07:27

No, your landlord has no right to ask you to leave.

Even at the end of the tenancy, assuming the property has not been sold. You have a legal right to stay there as long as you pay the rent and abide by the tenancy terms.

If the landlord wants to change anything, he must inform you in writing 3 months before the tenancy finishes.

If you agree to the new terms, he must give you a new contract with the new terms. If you disagree, the matter goes for rents dispute resolution.

3 Dec 2021, 11:56

Hello Jennifer

I hope you are fine. Can I please ask for your advice?

To tell me if the owner asked me to pay the last cheque in cash, do I have to accept or reject it?

And as per Dubai law, is it right that he cannot raise the rent for the first 3 years?

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