Questions & Answers
Can I evict the tenant when I buy a new property with the intention to rent it for a higher price?
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".
According to the provisions issued by the RDC, the current owner benefits from the legal notice sent by the previous owner and assumes all rights and obligations arising from the tenancy relationship.
Therefore, you can utilize the notice you mentioned, but under the same conditions. This means that if it was a notice for eviction due to a sale, it must be used for the same purpose.
However, if you intend to evict the tenant for the purpose of re-leasing the property, this notice would not be valid, nor would the new notice you intend to send.
The law has specified certain exclusive cases for eviction, which do not include rent increases. If you wish to increase the rent, you must notify the tenant at least 90 days before the contract's expiration.
The court's estimation will be based on the RERA rental calculator and the prevailing rents in the same area.
Dear Client,
Thanks for your question, I hope you are doing well. I will definitely assist you in this matter.
a) Sending a legal letter from a notary public referencing the valid notice from Dubai Courts might strengthen your position
b) If the tenant refuses to leave despite a valid eviction notice, consider involving the Rental Disputes Center (RDC) for a formal resolution.
c) Renting the property after the tenant leaves might be possible, but ensure you follow legal procedures and comply with applicable laws. Seek legal advice from us to ensure proper steps are taken.
For any further legal assistance, you can WhatsApp us. We have an extensive team of knowledgeable and experienced lawyers to provide the legal assistance you need.
We will definitely be happy to help you.
Thanks & Regards
ABDUL WAHIED
