Questions & Answers
Is a new eviction notice required due to the ownership change?
Dear Sir/Madam,
An eviction notice was served to the tenant by the old owner in June 2023. The apartment was sold in March 2024, with the tenancy contract limited by the notice passed on to the new owner.
The date of eviction is now approaching. Is there a risk that a new eviction notice is required since the owner's name changed and the tenant might not respect the old one?
Dear Questioner,
Thank you for your inquiry regarding the eviction notice!
As the new owner of the property, it is advisable to send a reminder email to the tenant, confirming the eviction date and ensuring they are aware of the requirement to vacate the premises.
If the tenant does not comply with the eviction notice after the 12-month period has elapsed, you have the right to file a case for eviction.
This legal action will compel the tenant to vacate the property, and they will be responsible for covering any fees, costs, and rent due up until the date of complete eviction.
Please let me know if you need further assistance at [------].
Dear Questioner,
In this situation, it's essential to consider the legal implications of the change in ownership and the existing tenancy contract. Here are some key points to keep in mind:
1. Effect of Change in Ownership:
When a property is sold, the existing tenancy agreements typically remain in effect unless otherwise specified in the sales contract or tenancy agreement.
Therefore, the change in ownership alone does not necessarily invalidate the existing eviction notice served by the old owner.
2. Transfer of Rights and Obligations:
In most jurisdictions, the new owner inherits the rights and obligations under the existing tenancy agreements upon acquiring the property.
This means that the new owner is bound by the terms of the existing tenancy contract, including any eviction notices served by the previous owner.
3. Validity of Eviction Notice:
Whether the eviction notice served by the old owner remains valid after the change in ownership may depend on various factors, including the terms of the tenancy agreement, local landlord-tenant laws, and any specific provisions in the eviction notice itself.
It's essential to review the terms of the eviction notice and consult with a legal advisor to determine its validity in the current circumstances.
4. Communication with Tenant:
To avoid any confusion or disputes, the new owner should communicate with the tenant promptly after acquiring the property.
This can help clarify the situation, confirm the validity of the existing tenancy agreement and eviction notice, and ensure that both parties understand their rights and obligations.
5. Legal Advice:
Given the potential complexities involved, it's advisable for both parties to seek legal advice from a qualified attorney specializing in landlord-tenant law.
To review the relevant documents, assess the legal implications, and provide guidance on the appropriate steps to take.
In summary, while the change in ownership may raise questions about the validity of the existing eviction notice, it's important to consider the specific circumstances and legal framework governing landlord-tenant relationships in your jurisdiction.
Clear communication and legal advice can help ensure that both parties understand their rights and responsibilities and avoid misunderstandings or disputes.
Dear Questioner,
There is no need to serve a new eviction notice. The new landlord may serve the title deed to the tenant to let him know the change in the title deed.
The tenant can not refuse the eviction notice served by the old landlord, moreover, the new landlord is getting into the position of the old landlord.
If you need further clarification, you may ask us.
Dear Questioner,
Thank you for your question regarding the eviction notice and the transfer of property ownership.
When an eviction notice has been served by the previous owner, and the property has since been sold, the validity of the notice typically remains intact as long as the terms of the notice are clear and the new owner inherits the tenancy agreement along with the eviction terms.
The new owner is generally not required to issue a new eviction notice if the original notice clearly stipulates the eviction date and the conditions remain unchanged.
However, there are nuances in tenancy law that might require specific action depending on the exact terms of the eviction notice and the tenancy contract.
It would be prudent to review the documentation in detail to ensure compliance with local regulations and avoid any potential disputes with the tenant.
I would be happy to review your documents and provide you with tailored legal advice to ensure a smooth and lawful eviction process.
Please feel free to reach out to me via WhatsApp or phone at [-------].
Dear Questioner,
The warning sent to the tenant by the old landlord is taken into effect, and the grace period is calculated from the date the tenant receives the warning.
Dear Questioner,
The law says that only the new owner has the right to evict the tenant but with the below process:
The old owner needs to send you a legal notice for eviction, and then the new owner needs to give another notice with the same dates as the old one to emphasize the same.
Conclusion
If you did not get any legal notice from both of them, then don't evict and in general, do not evict unless there is a court judgment.
Please contact our office manager on his mobile number [-------].
Dear questioner,
The tenant is obligated to vacate the apartment on the eviction date and there is no liablity over the new owner of the property to serve a fresh eviction notice.
If you need to send a reminder mail, you can do the same after referring to the old eviction notice and attaching the eviction notice.
Dear Questioner,
A new eviction notice is not required. However, you need to get a copy of the Notary Notice (from the notary public from Dubai courts) and proof of delivery from the old owner.
Then you can evict the tenant at the term's end. If you need assistance or have further questions, contact us at [-------] (Mobile/WhatsApp) or via email at [-------].
Dear Questioner,
Thanks for your inquiry!
Regarding the above, we would like to inform you that, according to UAE law, the eviction notice served by the previous owner is still valid and binding, even after the property has been sold to a new owner.
The new owner inherits all rights and obligations of the previous owner, including the tenancy contract and any eviction notices that were served.
Therefore, there is no need for a new eviction notice to be served by the new owner. The tenant is still obligated to vacate the property according to the terms of the original eviction notice.
However, it is always advisable for the new owner to inform the tenant of the change in ownership and provide them with a copy of the tenancy contract and any relevant documents, to avoid any confusion or disputes in the future.
It is also important to note that the new owner cannot increase the rent or change any terms of the tenancy contract until the current contract expires. Any changes to the contract must be agreed upon by both parties and documented in a new contract.
In case the tenant refuses to vacate the property after the expiry of the eviction notice, the new owner can file a case with the Rent Dispute Settlement Committee to seek eviction of the tenant. The eviction notice and tenancy contract will serve as evidence in the case.
In conclusion, the new owner does not need to serve a new eviction notice to the tenant, as the previous notice is still valid.
However, it is recommended to inform the tenant of the change in ownership and provide them with a copy of the tenancy contract to avoid any potential issues.
Kindly feel free to contact us at [-----] for further inquiry.
Greetings,
