Questions & Answers
The rental agreement and Ejari have expired. Is the tenant occupying illegally?
Dear Sir/Madam,
I have just purchased a property with a tenant inside. It turns out that the rental agreement and Ejari expired in March 2024 (2 months ago).
Is the tenant, therefore, occupying illegally? What are my options to get the tenant out?
Obviously, I don’t want to put anyone out on the street, but ideally, I would like the tenant out in the next 5 months so I can move in myself.
Dear Questioner,
You can submit a legal notice to him to vacate if you do not want to enter into a rental relationship with him.
For further inquiries about your topic, you can reach our office or contact us on WhatsApp at [------].
Dear Questioner,
If you wish to evict the tenant, you must notify him that you are the new owner of the property and wish to return the property for personal use.
The warning must be issued by a notary public, and you must wait for (12) months after receiving the warning.
If anything else is required, don’t hesitate to contact us via email at [------] or call our offices in Dubai at [------] or Sharjah at [------].
Jasim Al Haddad Law Firm
Legal Counsel and Consultations
Dear questioner,
Either you are required to negotiate with the tenant to vacate the property for your personal use, or if they are not willing to move, you can raise a dispute with RDC.
However, it was the seller who needed to ensure the eviction of the tenant before transferring the title deed or compensate you.
Dear Questioner,
If the tenant's rental agreement and Ejari expired in March 2024, and they have not renewed or vacated the property, they are technically occupying the premises illegally.
However, as the new property owner, you have certain legal options to address this situation.
Here are some steps you can consider:
1. Review the Lease Agreement:
Carefully review the terms of the existing lease agreement to understand the rights and obligations of both parties. Pay attention to any clauses related to termination, renewal, and eviction.
2. Attempt to Negotiate:
Contact the tenant and try to negotiate a mutually agreeable solution. This could involve offering incentives for the tenant to vacate voluntarily or discussing the possibility of signing a new lease agreement with updated terms.
3. Serve a Notice to Vacate:
If negotiations fail, you may need to formally serve the tenant with a notice to vacate the property. The notice period required will depend on the terms of the lease agreement and the applicable landlord-tenant laws in the jurisdiction.
4. File for Eviction:
If the tenant fails to vacate the property after the notice period expires, you may need to file for eviction through the relevant legal channels. This typically involves submitting a case to the appropriate rental dispute settlement committee or court.
5. Seek Legal Advice:
Consider consulting with a qualified real estate attorney or legal advisor who is familiar with landlord-tenant laws in your jurisdiction. They can provide guidance on the eviction process, ensure that you follow all legal requirements, and represent your interests in any legal proceedings.
6. Comply with Legal Requirements:
Ensure that you comply with all legal requirements and procedures related to eviction. Attempting to force a tenant out or taking unlawful actions can lead to legal complications and potential liability.
7. Document Everything:
Keep detailed records of all communication with the tenant, including notices served, responses received, and any agreements reached. Documentation will be important if legal action becomes necessary.
It's essential to approach the situation with sensitivity and respect for the tenant's rights while also protecting your own interests as the property owner.
Depending on the specific circumstances and applicable laws in your jurisdiction, the eviction process may take time, so it's important to start addressing the issue promptly and follow proper legal procedures.
Dear Questioner,
The tenancy agreement is renewed automatically with the same terms unless terminated by the tenant or landlord.
Further, you can file an eviction case against the tenant if he did not make payments.
If you intend to occupy the premises for yourself, you need to serve a 12-month notarized notice to the tenant.
Please contact us on [--------] for detailed discussion and assistance.
Dear Questioner,
Thanks for your inquiry!
Regarding the above, we would like to inform you that, according to UAE law, a tenant is considered to be occupying the property illegally if their rental agreement and Ejari are expired.
In this case, you have the right to terminate the tenancy and ask the tenant to vacate the property.
Your options to get the tenant out are as follows:
1. Negotiate with the tenant:
You can try to negotiate with the tenant and ask them to vacate the property voluntarily. You can offer them a reasonable amount of time to find a new place and assist them with the relocation process.
2. Serve a notice to vacate:
If the tenant refuses to vacate the property voluntarily, you can serve them a notice to vacate. The notice period will depend on the terms mentioned in the rental agreement.
If there is no mention of the notice period, then it will be 30 days for residential properties and 90 days for commercial properties.
3. File a case with the Rental Dispute Settlement Center (RDSC):
If the tenant still refuses to vacate the property, you can file a case with the RDSC. They will mediate between you and the tenant and try to reach a settlement. If the tenant still does not vacate the property, the RDSC can issue an eviction order.
Kindly feel free to contact us at [------] for further inquiry.
Greetings,
Hello,
Thank you for reaching out with your query and congratulations on your recent property purchase!
Firstly, you should notify the tenant, along with the previous landlord, that the ownership of the property has been transferred to you.
Inform the tenant that rent payments should now be made to you, and invite them to renew the tenancy contract with you.
According to Dubai's rental laws, a tenancy contract remains in force as long as the tenant continues to pay the rent on time, regardless of the transfer of property ownership.
The expiration of the tenancy contract and Ejari does not automatically make the tenant's occupancy illegal if they are still paying rent.
Regarding your desire to move into the property yourself within the next five months, the law requires you to follow a specific procedure.
You must send an official notice to the tenant, indicating your intention to use the property for personal use. This notice must be given at least 12 months in advance.
If the previous owner has already sent such a notice to the tenant, you may be able to use that notice to proceed with the eviction once the 12-month period expires.
Additionally, if the tenant fails to pay the rent, you have the right to issue a 30-day notice demanding payment. If the tenant does not pay within this period, you can proceed with the eviction process.
For any further clarifications or assistance, please feel free to contact me at [-------].
Dear Questioner,
Without an eviction notice sent by a notary public 12 months prior, the tenant agreement is presumed to be renewed.
For your benefit, you could work amicably with the current tenant to see if they are willing to move within 5 months.
If you have any questions regarding this, please contact us at [------] (Mobile/WhatsApp) or via email at [--------].
Dear Questioner,
According to the law, if the lease expires and the tenant remains in the premises without objection from the landlord, the lease renews under the same terms regarding duration and amount.
In your case, the lease renews until March 2025 because the tenant remained in the place, and the (former) landlord did not object.
Dear Questioner,
According to UAE law, a tenant is considered to be occupying the property illegally if their rental agreement and Ejari are expired. In this case, you have the right to terminate the tenancy and ask the tenant to vacate the property.
Your options to get the tenant out include:
1. Negotiation
2. Legal notice.
3. Eviction through the Rental Dispute Settlement Center (RDSC)
It is important to note that the eviction process can take some time and may involve legal fees.
We can provide you with a proper way to handle this issue.
Please reach out to our senior legal consultant Mr. Muhammad Abdullah at [------] for further details.
Dear Questioner,
Thank you for reaching out with your query regarding the property you have purchased. The situation with the tenant occupying the property without a current rental agreement and Ejari can indeed be challenging.
Under Dubai law, a tenant without a valid rental agreement and Ejari is technically not in compliance with rental regulations. However, removing a tenant requires following legal procedures to ensure everything is handled correctly and fairly.
Given your desire to move in yourself within the next five months, here are your options:
- Renewal Negotiation:
You could negotiate a short-term renewal with the tenant, clearly stating that the tenancy will not be extended beyond the agreed period. This would give the tenant time to find alternative accommodation while ensuring you have a valid lease agreement in place.
- Legal Notice:
You can serve a formal notice to vacate, providing a reasonable timeframe for the tenant to find new accommodation. Typically, a 12-month notice is required if the landlord wants to take possession of the property for personal use, but since there is no current lease, different rules may apply.
- Mediation:
Engaging in mediation through the Dubai Rental Dispute Settlement Centre (RDSC) to amicably resolve the issue could be a less confrontational route and might expedite the process.
To discuss your specific case in detail and ensure all legal requirements are met while considering the tenant's situation, I recommend we have a consultation.
Please feel free to reach out to me via WhatsApp or phone at [------].
