Questions & Answers

Ask a lawyer
All cities, UAE

Property seller sent an eviction notice to the tenant before sale. Should the new owner send a new one?

Good morning

I would like to know if one buys a tenanted house with an already served notice of eviction to the tenant, does the new owner have to re-serve a new 12 months notice, or does the first notice remain in force?

I read that if the sales contract mentioned that a notice has already been served, the new owner does not have to serve a new notice.

Could you please advise?

What should the sales contract say exactly?

Also, since the current owner already served notice, can he also ask for a rent increase if he does so before 90 days of the contract renewal?

Thanks in advance

Premium
Al Hajeya Alnoobi Advocates and Legal Consultants
Chat
Hire
Meet
19 Jun 2023, 08:19

According to the provisions of the Dubai Rental Disputes Center's Court of Appeal, which established the principle that the new landlord is entitled to benefit from the notice sent by the previous landlord to the tenant, the new landlord does not need to resend a new eviction notice for the purpose of sale or personal use.

11 Aug 2023, 13:18

I can provide you with many judgments regarding the current owner's utilization of the notice presented by the previous owner.

Premium
Amiri Advocates & Legal Consultants
Chat Hire
Meet
19 Jun 2023, 08:24

The notice of eviction is in effect with the new owner.

The new owner can ask for a rent increase.

Premium
Mohamed Bakheet Advocates & Legal Consultants
Chat Hire
Meet
19 Jun 2023, 08:33

Submit a legal notice confirming the previous date.

Premium
Shamsa Albedwawi Advocates & Legal Consultants
Chat
Hire
Meet
19 Jun 2023, 11:55

Hi,

The SPA shall mention the terms which have been agreed between the buyer and the seller.

The landlord can ask for the rental increase 90 days prior to the expiry of the contract.

Premium
KHE Legal Consultancy
Chat Hire
Meet
21 Jun 2023, 06:05

If the eviction notice is a valid one, then the new owner needs not to send a new eviction notice.

He has to serve only the notice regarding the transfer of the title deed.

We can discuss more regarding your queries in a legal consultation session for a charge of 28$.

Fixed-fee services
3 3 available services •  View all
Get quotes from lawyers
Find the right lawyer for your legal needs. Submit your request and get multiple competitive offers from qualified lawyers.
Looking for something else?
Ask for advice from a lawyer
It’s free and anonymous
No registration needed
Ask a lawyer