Q: Do I need to submit an eviction notice to my tenant of the newly purchased villa while the seller has already sent him notice 2 months ago? A: All notices must be officially sent. The current owner must also send a notice with reference to the old notice. I can assist in the court issues…

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Submitting another eviction notice to a tenant by the new owner

Hi,

Do I need to submit an eviction notice to my tenant of the newly purchased villa while the seller has already sent him notice 2 months ago?

Or as my escrow agent said, it will pass to me?

Anitha Joseph

Asma Ali Almessabi Advocates and Legal Consultants

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9 May 2022, 04:17

Hi there,

Kindly let me know some more details about this issue. In which Emirate is this villa? Did the tenant send the eviction notice officially via court?

All notices must be officially sent via court. The current owner must also send a notice with reference to the old notice.

I can assist in the court issues to send the new notice and cancel any tenancy contract and if the tenant does not vacate, we must file a case immediately to evict the tenant.

9 May 2022, 05:09

Hi Anitha,

Thank you for your information. The property is in Dubai, and the vacancy notice was sent by the seller to the tenant 4 months ago officially.

I have also sent another notice in the same way. The tenant is supposed to vacate the villa 8 months from now.

I suppose that we can not do anything at this point, or take legal action until he does not vacate the villa at the end of 8 months period.

Please let me know your email address, and phone number in case we decide to take legal action.

My email address is (................)

Thanks!

9 May 2022, 06:10

Thanks for your message, H.!

You have followed the right course of action for the moment. Do you have a registered tenancy contract? And what does it state, if any, on the termination clause of the contract?

Usually, it should be 60 days and you don't have to wait for 8 months unless the termination clause says so.

10 May 2022, 04:17

Good Morning,

Yes, we do. it is the agreement between the tenant and the previous owner, they have added the following clause to the agreement:

it is agreed by both parties that the tenant shall vacate the property on or before 31/12/2022 with respect to the court order.

11 May 2022, 04:52

If both parties have already agreed on the date of vacating the property, then the only way is to request the tenant to vacate earlier as much as possible.

You have already sent the notice via the court right?

Sending an official notice via the court is the only recognized legal notice. I assume the notice you sent is that you are not renewing his contract, right?

Has the tenant defaulted on payment or caused any major damage?

Please also explain what is this court order that this is referring to "it is agreed by both parties that the tenant shall vacate the property on or before 31/12/2022 with respect to the court order."

11 May 2022, 05:38

Hi Anita,

Yes, I have sent the notice through court. I mentioned that I need the property to be vacant at the end of the tenancy agreement because I need it for my own use.

The tenant has already paid one full year's of rent and I can not say that he has made any major damage, but he says he is expanding to renovate the property.

There has been no court order yet, and I do not know why they have written this.

The tenant just called me last night and confirmed that he had received the new notice. He added that the seller's notice is invalid as he has not mentioned why he has sent the notice and asked for vacating the property at the end of the contract, is this true?

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