Q: I own an apartment in Dubai. I want to give 12 months' notice to my tenant. Can I cancel the 12 months notice to my tenant? A: You can give 12 months' notary notice to the tenant in case your brother does not move. You should inform him about it at least 90 days before the expiry of the contract…

Dubai, UAE

819

Can I take back the eviction notice I gave to the tenant if the circumstances change?

I own an apartment in Dubai. I want to give 12 months' notice to my tenant. The reason is my brother "might" move to Dubai in the next 6 months.

In case my brother decides not to move to Dubai, can I cancel the 12 months notice to my tenant?

If I am allowed to cancel the notice, is there any deadline to cancel the notice or I can cancel the notice 11 months after I have given the 12 months notice?

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Shamsa Albedwawi

Shamsa Albedwawi Advocates & Legal Consultants

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30 May 2023, 07:45

Pursuant to your query, yes, you can give 12 months' notary notice to the tenant in case your brother does not move you can inform your your tenant about the same.

You should inform him about it at least 90 days before the expiry of the contract about the cancellation of the notice.

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Moustafa Seddik

Bedaya Legal Services

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30 May 2023, 09:38

Good day,

Yes, you can cancel it. But it is the tenant's right to leave after 12 months and you cannot force him to stay or renew.

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Ahmad Amiri

Amiri Advocates & Legal Consultants

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30 May 2023, 18:33

The law does not regulate the withdrawal of an eviction notice. Negotiate with the tenant.

Just as you think about your circumstances, you have to think about the tenant's circumstances, because he will start a long journey to look for another place, and he will lose a lot if he vacates your apartment.

31 May 2023, 05:57

Thanks for your feedback.

The other lawyers have indicated that canceling the eviction notice is possible but I have never seen this anywhere based on my online reading.

I think you are the only one who has given the accurate information which is that the law does not have any regulations regarding withdrawal of an eviction notice. Appreciate it.

31 May 2023, 10:44

Advice from a brother is not to send a notice of eviction, because if the tenant evicted even though you withdrew the notice six months after sending it, because your brother changed his mind, and you rented the property to another person, the tenant may file a claim for compensation, and it will be difficult for you to prove that you did not send the notice just to evict the current tenant and rent the property to someone else for a greater value.

31 May 2023, 11:58

Understood. Thanks for the information.

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Marlen Smbatyan

Thamos Consulting

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31 May 2023, 12:17

Yes, you can cancel the notice and mention the provision in your current notice.

31 May 2023, 12:38

Hi Marlen

Thanks for responding.

Are you sure about this?

I thought the law is silent on the topic of canceling an eviction notice. Which of course does not mean I cannot cancel the eviction notice, but it also does not mean I can cancel the eviction notice.

I understand your comment that I can include a provision in the eviction notice that I am allowed to cancel this eviction notice.

31 May 2023, 13:37

Certainly, you understood well my advice, you may make it contingent with a time frame to remove any liability from you for six months.

However, if you want me to draft this notice, I can do that for you for a fee of AED 500/-.

If interested, you can send me an email directly.

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