Questions & Answers
Questions & Answers
7 available 7 • View allA tenant is refusing to vacate commercial property in Dubai - what can I do?


1
Q: Dear Sir/Madam,
I purchased a commercial property office in Al Barsha Heights Dubai in May 2023. It was rented and an eviction notice was issued on December 19, 2023. The tenancy contract/Ejari expired on April 24, 2023.
The tenant agreed and signed in the addendum terms that he would send a written request to the owner to renew the contract 45 days before the expiry date and that he would pay the rent as per the RERA review.
However, he has not sent any official email to the previous owner or the new owner to renew his contract/Ejari. One month has passed since then.
Meanwhile, the previous owner has sent emails to the tenant from her registered email stating that she will not renew the tenancy contract after it expires on April 24, 2023, and that he should vacate the office on the expiry date.
She also informed the tenant that the office has been sold. The tenant is now living in the office without renewing the contract and is saying that he can live there until December 18, 2023, as per the eviction notice.
In this situation, what action can I take as the new owner?



May 23, 2023
759
Do you have to send the tenant a new eviction notice after purchasing property?




2
Q: I purchased a villa in Jan 2023 which had a 12-month vacating notice by the previous owner for the reason of selling the property (tenant to vacate 30th June 2023).
The tenant now informs me that he is not obliged to vacate as the reason for vacating is no longer valid since the property is sold and I am the new owner.
Now the tenant is mentioning that he believes a fresh notice needs to be given with another 12 months' notice.
When I called the RDC of RERA, they mentioned that the new owner needs to give fresh notice.
I want to understand the below:
1) Do I need to give fresh notice of 12 months to my tenant?
2) Is the eviction notice sent by the previous owner still valid?





Jun 9, 2023
454
Evicting a tenant agreed to vacate the property with the previous landlord?



2
Q: Dear Sir/Madam,
As a new owner, should I send a legal eviction notice referring to the notice served by the previous owner, especially when the tenant has agreed to vacate the property in the lease renewal after the previous notice was served?
The tenant is now changing their mind and saying that the agreement to vacate the property was on the rental contract with the previous owner and that what was agreed with them does not apply to the new owner.




Jul 7, 2023
183
Is it true if I want to purchase a rented property that I need to send a new eviction notice?

0
Q: Hi,
I would like to purchase a property but there is a tenant inside. She was given an eviction notice in Feb 2023, but her tenancy contract is expiring in October 2023.
The transaction goes well, by that time I should be owning the property and my intention is to move in and live there.
However, I called Dubai Land Department and they told me that in case I make the purchase, I will need to serve a new eviction notice, which would push the tenant for another 12 months.
In that case, I will not buy this property and look for a vacant one.
The tenant seems ready to move out, but there can always be some unexpected situations, in which case she may extend.
Therefore, I am happy to risk her staying until February next year, but not for another 12 months from the moment I buy the property.
Please can you tell me what my options with this flat are, and how I can minimize the risk of the tenant staying longer?
Thank you!


Jul 31, 2023
213
Can I evict the tenant when I buy a new property with the intention to rent it for a higher price?


2
Q: Hi There,
Here is my current situation:
I have just bought a property, and the previous landlord issued an eviction due to the intention to sell, valid until 9th Nov 2023. It was sent by Dubai Courts, and the previous tenant acknowledged it.
The new tenant is refusing to leave and said that I have to serve a new 12-month notice to them.
I do not want to send a new notice, as I do not plan to live in the property, I plan to rent it (they are paying 42K AED under the market and not even covering the mortgage) for a few years before moving in.
My questions:
a) Can I send a legal letter from a notary public, referencing the previous notice which is still valid, from Dubai courts?
b) If so, can I legally evict them on the agreed date, and will RERA be in my favor?
c) If they do leave, am I able to rent the property?
I never stipulated an intention to move in on the notice, as it was the previous landlord's notice which is "intention to sell".



Aug 25, 2023
218
Is previous owner's legal notice to vacate valid for new owner?


4
Q: Dear Sir/Madam,
I bought an apartment in July, and the previous owner gave a legal notice in November, stating that he is selling the apartment.
The contract ended in September. Is the legal notice still valid for the new owner? The tenant refuses to leave, and I rejected the security deposit check because I want to move in at the end of the notice period.
Should I give him another notice?



Sep 12, 2023
642
How can I vacate a rented property bought at auction?




2
Q: Dear Lawyers,
I am buying a property from an auction house that is already rented out.
What is the process to get the property vacated?





+5
Oct 27, 2024
81
Legal blog
2 available 2 • View allProcedures of the Rental Dispute Settlement Center in Dubai 21
The relationship between tenants and landlords is regulated in Dubai by Law No. 33 of 2008 Concerning the Relationship Between Landlords and Tenants in the Emirate of Dubai. The arising rental disputes are referred to Rental Disputes Settlement Centre (“RDSC”) created by Decree No. 26 of 2013 to reconcile between the parties and reach an amicable settlement or seek a final judgment issued and enforced by the RDSC.
Oct 20, 2018
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What You Should Know While Renting a Property in the UAE 5
An interview-format article covering the topic of residential retail properties pertaining to the liability for property maintenance and the repercussions of defaulting on rent payments in the UAE. This is from the legal podcast of lawyer Ludmila Yamalova, the founder of Lawgical with LYLAW.
Feb 24, 2020
3989
Laws & Regulations
3 available 3 • View allLaw No. (26) of 2007 Regulating the Relationship between Landlords and Tenants in the Emirate of Dubai 12
The provisions of this Law apply to real property leased out in the Emirate of Dubai, including vacant and agricultural lands, but excluding hotel establishments and real property provided by natural or legal persons as accommodation to their employees at no charge.
Nov 26, 2007
24346
Law No. (33) of 2008 Amending Law No. (26) of 2007 Regulating the Relationship between Landlords and Tenants in the Emirate of Dubai 8
Provisions of this Law supersede articles (2), (3), (4), (9), (13), (14), (15), (25), (26), (29), and (36) of Law No. (26) of 2007 Regulating the Relationship between Landlords and Tenants in the Emirate of Dubai.
Dec 1, 2008
25060
Decree No. (43) of 2013 Determining Rent Increases for Real Property in the Emirate of Dubai 9
This Decree determines the maximum percentage of rent increase for real property in the Emirate of Dubai when renewing lease contracts.
Dec 18, 2013
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أعمل في شركة في العين مند ثلاث سنوات ونصف "منها سنة وعشرة أشهر إقامة تابعة للشركة" وما تبقى كنت أعمل بالإعارة من شركة أخرى. راتبي في عقد العمل 500 درهم ولكن راتبي الفعلي 2500 درهم.
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