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Dubai, UAE

Can we vacate the tenant after purchasing a new flat in Dubai?

Hi,

I bought a flat in April in Dubai with my husband. The flat has a tenant with a rental contract from the previous owner.

The tenancy contract expires in June. The tenant has previously committed to leave and now wants to stay.

1. Can we force the tenant to leave as per previous confirmations?

2. If we can't make the tenant leave, can we modify the contract (rent, number of cheques, etc) because we did not sign the original contract?

Hamdan Al Kaabi Advocates & Legal Consultancy
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11 May 2023, 11:49

If the previous communication was with you and in written form, then we can force the tenant to leave.

If he cannot leave, you may change the tenancy contract and increase the rent that is allowable by RERA.

Rashid Saif Advocates & Legal Consultancy
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11 May 2023, 12:34

The seller was supposed to send a notice to the tenant to vacate the apartment because of the sale.

If not, you have no choice but to send a notice to the tenant to vacate the apartment after 12 months because you need it for personal use, provided that you have no alternative.

Therefore, I advise you to send the notice as soon as possible, and there is no need for delay, with the possibility of requesting an increase in the rent for that year.

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Amiri Advocates & Legal Consultants
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12 May 2023, 10:19

1) You can force a tenant to leave the flat if the previous landlord has sent them a notice of eviction by registered mail or notary.

2) You can amend the terms of the contract, and increase the rent. For example, if you send the notice of rent increase 90 days before the expiration date of the current contract.

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