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Dubai, UAE

I bought a property and the seller sent an eviction notice to the tenant. How to ensure eviction?

Hi

I bought a residential property on 31-Oct-2023. It has already been on lease to tenants by the seller. The seller has already served a 1-year legal eviction notice from Dubai Courts on 25 August 2023.

The tenancy contract expiry will be the 30th of June 2024, and the new owner/buyer wants to stay in the said apartment after the expiry of the contract and ensure that the property is vacated on time and does not get extended beyond 24 August 2024.

(Q1) Kindly confirm if it is required by law that a new 1-year legal notice has to be issued by the buyer or if the old legal notice issued by the seller is still valid.

(Q2) The tenant company has kept 6 bachelor boys from their company in the flat, which I heard was illegal for the JLT area to have bachelors and even more than 4 boys. Please confirm if anything can be done about that.

(Q3) Due to 6 bachelor boys, the 5-year-old flat is not being well maintained and the condition worsening.

Kindly advise on the action to take.

Thanks

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Ibrahim Al Banna Advocates & Legal Consultants
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2 Nov 2023, 07:23

Ans to Q1: It is not required by law that a new 1-year legal notice has to be issued by the buyer. The old legal notice issued by the seller is still valid.

Ans to Q2: It is illegal for the JLT area to have a bachelors and even more than 4 boys. You should contact the local authorities to report the violation and take appropriate action.

Ans to Q3: You should contact the local authorities to report the violation and take appropriate action. You may also consider filing a civil lawsuit against the tenant for damages caused by their negligence in maintaining the property.

For further assistance, feel free to reach out either through WhatsApp or Phone.

2 Nov 2023, 08:14

Can you advise which regulations it violates?

Can I report to the relevant authorities like Dubai Municipality or RERA?

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Dar Al Haqooq Legal Consultancy
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2 Nov 2023, 07:45

Dear Client,

Thanks for your question, I hope you are doing well. I will definitely assist you in this matter.

(Q1) A new legal notice is advisable for the buyer to clarify possession after the existing tenancy contract expires.

(Q2) Report the issue of multiple bachelor occupants to relevant authorities like Dubai Municipality or RERA if it violates regulations.

(Q3) Document damages, notify the tenant and deduct repair costs from the security deposit as per the contract.

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

2 Nov 2023, 08:04

1) Will a new legal notice by the Buyer further delay the 1 year eviction period to the 1st of Nov. 2024?

2)

Can you advise which regulations it violates? Can I report to the relevant authorities like Dubai Municipality or RERA?

2 Nov 2023, 08:42

You can reach us via WhatsApp or Email.

Note: Please contact us during office hours only timings for the office are 10:00 AM - 6:00 PM (Monday to Saturday).

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Al Hajeya Alnoobi Advocates and Legal Consultants
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2 Nov 2023, 08:43

Dear buyer,

Regarding your first question, the answer is yes. As a buyer and current owner, you can benefit from the notices sent by the previous owner and proceed with evicting the tenant upon the expiration of the 12-month notice period mentioned in the notices, as long as the notices meet the legal requirements.

2 Nov 2023, 08:44

As for your second question, the tenant can utilize the property as they see fit for the designated purpose. There is no prohibition on allowing one of their dependents to reside in the property.

According to Article 19 of the law, the tenant is obligated to use the property for its designated purpose, pay the rent on time, and make changes to it only with the landlord's permission.

2 Nov 2023, 08:45

As for your third question, as the owner, after the end of the lease period and the eviction of the tenant, you can request the appointment of a specialized expert from the Land Department to inspect the property, assess the necessary repairs, and then file a lawsuit to demand payment of these expenses from the tenant.

2 Nov 2023, 08:47

If you have any further inquiries or need additional assistance, feel free to ask via email.

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KHE Legal Consultancy
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2 Nov 2023, 13:33

Q1. They can only stay up to the notice period and the new landlord does not need to serve a new notice to the tenant.

Q2. You can file a complaint on RDC Dubai or if it is a JLT Free Zone area, complain to the Free Zone authority.

Q3. Yes, you can recover the maintenance cost from the tenant. If you need further clarification, we can arrange a consultation for a charge.

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