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Can I stay in the property if the landlord served me an eviction notice to sell?

My landlord sent me a notary notice to vacate the property saying he will ‘sell’ the property. He previously asked me to leave so that his family can stay there.

We are almost certain that he wants to lease the property to new tenants to take advantage of the rent hikes in the area.

We have signed a contract till the eviction date.

Do I have any option to remain in the property after the eviction date taking into account that I have been in the property for 4 years?

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Al Hajeya Alnoobi Advocates and Legal Consultants
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7 Jul 2023, 12:36

Dear questioner

Thank you for your inquiry.

Based on your question, it appears that you are a tenant and the landlord has served you an eviction notice with a 12-month period due to their intention to sell the property.

We would like to inform you that, as per the current tenancy laws in Dubai, the landlord has the right to serve a 12-month notice to the tenant expressing their desire to sell the property.

Accordingly, it is essential for you to vacate the premises by the end of the specified notice period mentioned in the eviction notice.

However, it is crucial that the eviction notice is issued by a notary public, properly announced, and the full 12-month period is observed.

Only after this period, the landlord can file a case with the Rental Disputes Settlement Center to evict you from the property.

The landlord must provide substantial evidence of their intent to sell the property, not merely a verbal claim.

Regarding your rights as a tenant, if it is proven that the landlord has re-rented the property instead of selling it, as they claimed, you have the right to file a lawsuit against the landlord to seek appropriate compensation. The court will then determine the compensatory amount in your favor.

Please do not hesitate to seek further clarification or ask any additional questions you may have.

11 Jul 2023, 09:08

Thank you for your response.

What is considered as evidence that the landlord rented out the property? How can I prove that he rented out the property after I vacate?

11 Jul 2023, 10:18

You can prove that through all legally prescribed methods of proof, such as by providing a copy of the new lease agreement or my lease with the new tenant.

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Dr. Mohamed Alhammadi Advocates and Legal Consultants
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7 Jul 2023, 13:18

No. You need to evict the apartment. However, if the owner rents it to another one, you have the right to file a case asking for compensation.

11 Jul 2023, 09:12

Thank you for your response.

What is considered an evidence that the property has been rented out after I vacate?

Secondly, the landlord does not live in the UAE nor visit the UAE. He deals with us via his wife or a friend. How would the penalty be enforced upon him or even collected?

11 Jul 2023, 13:56

Kindly text us on WhatsApp for providing you with legal advice and answer your inquiries.

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KHE Legal Consultancy
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10 Jul 2023, 05:06

You don't have to leave the property if you are confident enough that the landlord is trying to evict you to rent it again.

11 Jul 2023, 09:18

Thanks for your response.

I am pretty confident that he wishes to rent it out at a higher rent after evicting us.

Although a month is left, no agent or prospective buyer contacted us for viewing.

In this case, what would you suggest we do to stay in the property? We are willing to pay an increase in the rent in accordance with RERA rental index.

11 Jul 2023, 09:22

We will arrange a legal consultation session for a charge of 28$ if you want to discuss the possibilities.

12 Jul 2023, 09:52

Done.

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Amiri Advocates & Legal Consultants
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16 Jul 2023, 19:16

You must vacate the property on the specified date. If it is later found that he rented the property, you have the right to file a compensation case.

17 Jul 2023, 16:26

Thank you

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