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Can landlords reconsider renting after issuing an evacuation notice?

Dear Sir/Madam,

In terms of sending notice to tenants to vacate an apartment, as a landlord, we need to send a 12-month notice with the reason being either:

- Wanting to move in ourselves (or our family members).

- Selling the unit

But what if, as landlords, after evacuation and a few days of evaluating the market or finding no customers to buy our property, we change our minds and want to rent the apartment again to someone else?

Is this against the law? What if, for any reason, the landlord changes his/her mind to sell the apartment after evacuation?

What do the regulations say?

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Ahmad Amiri

Amiri Advocates & Legal Consultants

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6 Dec 2023, 10:32

Dear Sir/Madam,

Renting the apartment again is not against the law, but it gives the previous tenant the right to seek compensation.

If he does so, you must prove that a good price was not found to sell the property and that the intention of the eviction was not to rent the property again at a higher price.

6 Dec 2023, 10:40

How can I prove that a good price was not found? And do you know how much is the compensation?

Thank you so much for your answer!

6 Dec 2023, 10:45

Proof, for example, that you published as an advertisement for the sale of the property; there were negotiations with someone but he did not accept the price; things like that.

As for compensation, it depends on several things, including the price difference between the old rent and the new rent.

This difference may be ruled as compensation.

6 Dec 2023, 10:46

Thanks!

This is very helpful.

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Khaled Ebid

KHE Legal Consultancy

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6 Dec 2023, 10:44

Dear Questioner,

If you are unable to sell the apartment, the previous tenant should be notified and shall be given priority to re-renting the apartment.

If he is not interested in taking the apartment, then you can rent it to other people.

6 Dec 2023, 10:44

If you need further clarification, we can arrange a consultation for a charge.

6 Dec 2023, 10:45

Thanks!

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Khalifa Bin Huwaidan Al Ketbi

Khalifa Bin Huwaidan Advocates & Legal Consultants

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6 Dec 2023, 11:05

Dear Questioner,

If you fail to sell the unit, you have to re-offer it to the original tenant.

If you re-rent it to someone else, they have the right to file for compensation.

6 Dec 2023, 11:08

Can I increase my price for a re-rent by more than 20% to the last tenant if I can’t sell it?

Thanks for your reply!

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Abdul Wahied Mohammad Sharief

Dar Al Haqooq Legal Consultancy

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6 Dec 2023, 12:12

Dear Client,

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

In the UAE, if a landlord sends a 12-month eviction notice with a specific reason, such as wanting to move in themselves or selling the unit, they should have a genuine intention to do so.

Changing their mind afterward may lead to legal issues, so landlords should act in good faith and explore legal options if circumstances change.

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 be happy to help you.

Thanks & Regards,

ABDUL WAHIED

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Mahmoud Khashaba

Al Hajeya Alnoobi Advocates and Legal Consultants

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7 Dec 2023, 08:52

In accordance with Article 26 of the Rent Law, if eviction occurs based on an official notary notice or a judicial ruling, the landlord is not allowed to lease the property to another party until at least two years have passed, specifically for residential properties.

Otherwise, the tenant has the right to request fair compensation through a court judgment.

7 Dec 2023, 08:53

You can avoid this matter before the end of the 12-month notice period by sending a new notice that cancels the old one to prevent any harm and discuss the possibility of renewing the lease with the tenant.

In this way, you may avoid a judgment against you for compensation.

7 Dec 2023, 09:04

Thanks for your response.

But this doesn’t sound fair to the landlord. After the evacuation of the tenant what if I decide to live in my own apartment for one month for whatever reason and then I decide to put it up for sale?

Or what if after one month of advertising it for selling again for whatever reason I decide that I actually don’t want to sell it and I want to rent it again?

It seems like tenants are becoming like bosses and I can’t do anything without their approval.

7 Dec 2023, 10:16

The matter is not like that. The legislator aims to balance between the rights of the landlord and the tenant.

You have the right to sell your property or use it for personal purposes. However, if you intend to release it, the tenant has priority in returning to rent the property.

You can also request a rent increase 90 days before the end of the lease. As the owner, you have several options, but it should not adversely affect the tenant's stability.

7 Dec 2023, 16:41

Thanks for your response.

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Farsana K. Aliyar

Laila Hamza Al Mulla Advocates and Legal Consultants

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10 Dec 2023, 04:05

As per Dubai rental law, if the tenant moved out from the apartment based on the eviction notice and the landlord wants to re-rent the property the priority has to be given to the old tenant.

Otherwise, he can file a compensation case against you. If you need further clarification we will arrange a legal consultation session for a charge.

Share your WhatsApp number if you want to go with the services.

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