Questions & Answers
The applicability of the existing contract between the previous owner and tenant to the new owner
Hello,
I am buying an apartment to live in. The only problem is that the apartment is currently rented, and the tenant's contract will end at the end of November. We talked with her, and she is willing to leave earlier.
The real estate agent just sent me the contract between the current owner and her, which states that: "The landlord has to submit 60 days' written notice prior to the end of the contract to the tenant to inform them of any changes in the rent or terms and conditions (including vacating notice) of the tenancy contract."
So, if I buy this apartment, will the rules stated in the contract between them apply to me as well?
In the draft of Contract F, we also wrote that upon the completion of the transfer, the seller undertakes to send a notice directly to the tenant, in accordance with Clause 4.3 of the tenancy agreement, providing a minimum of 60 days' notice.
Per Clause 4.3, the tenant is expected to agree to vacate the unit. Could this be enough?
Thank you!
Dear Questioner,
According to UAE law, the terms and conditions of the existing tenancy contract between the current owner and the tenant will still apply to you as the new owner.
This means that you will have to follow the 60-day notice period mentioned in the contract before making any changes to the rent or terms and conditions.
However, the draft of contract F that you have mentioned may be sufficient to inform the tenant of your intention to have them vacate the unit.
It is important to have this clause included in the final contract to ensure that the tenant is aware of the notice period and agrees to vacate the unit.
Please contact us via WhatsApp for further details.
Dear questioner,
You can check with the seller. As per the contractual terms with you and the seller, he is obligated to serve the notice.
Send an email to the seller regarding this. If he does not serve it from his side, serve the legal notice yourself without delay.
You can also raise a dispute against the seller for a contractual violation.
Dear Questioner,
Thanks for your inquiry!
Regarding the above, we would like to inform you that, based on the general principles of contract law, the terms and conditions stated in the contract between the current owner and the tenant will not automatically apply to you as the new owner.
As the new owner, you will need to enter into a new tenancy agreement with the tenant, and the terms and conditions of this agreement will be negotiated between you and the tenant.
It is important to ensure that the terms and conditions of the new tenancy agreement are in line with the laws and regulations of the UAE.
The clause in the draft of contract F that you have mentioned may be sufficient to inform the tenant of the change in ownership and the need for them to vacate the unit.
However, it is always advisable to seek legal assistance and have a lawyer review the contract before signing it.
Additionally, it is important to note that the landlord is responsible for providing a minimum of 60 days notice to the tenant before making any changes to the rent or terms and conditions of the tenancy agreement.
This notice period may vary depending on the specific laws and regulations in the UAE.
In summary, it is recommended that you consult with us as a legal professional to ensure that all necessary steps are taken to properly terminate the current tenancy agreement and enter into a new one with the tenant.
This will help avoid any potential legal issues in the future. Please do not hesitate to contact us via phone or email for further guidance.
Greetings,
Hello,
If your property is located in Dubai, according to the law, a landlord can only evict a tenant under certain specific circumstances, and the eviction must follow a specific procedure.
In your case, I understand that the current landlord has an agreement with the tenant to vacate the property at the end of the contract.
Court rulings have established that such an agreement is permissible as long as it is explicit and in writing.
It should not be included in the first rental contract but can be included in subsequent contracts.
As for the clause in the draft of contract F, it is an agreement between you and the current landlord and does not involve the tenant directly.
I advise you to obtain a written statement from the tenant confirming their agreement to vacate at the end of the lease term.
Dear Questioner,
As per the law, the landlord should give 12 months' notice.
Regarding the clause in the lease agreement, this must be reviewed by a lawyer to confirm the 60-day notice.
Once the documents are reviewed legally by us, we can advise you on the coming steps including filing a case for eviction.
We need also to review the legal notice to ensure compliance with the law procedures.
We guarantee you clear step-by-step legal guidance as well as eviction chances as fast as possible.
Our charges for reviewing the documents will be deducted from any legal action you decide to proceed with based on our advice.
Dear Sir,
Yes, in the UAE, the rules stated in the contract between the current owner and the tenant would typically apply to you as the new owner, as the tenancy agreement is generally tied to the property rather than the landlord.
This means that you would inherit the rights and obligations of the landlord under the existing tenancy agreement.
The draft of contract F you mentioned seems to address the issue by having the seller undertake to send a notice to the tenant under Clause 4.3 of the tenancy agreement, which requires a minimum of 60 days' notice for changes in rent or terms and conditions, including vacating notice.
However, it's important to ensure that all legal requirements are met and that the notice is properly served.
You should also verify that the tenant agrees to vacate the unit, as mentioned in the draft. It would be wise to consult with a legal professional to ensure that all steps are taken correctly and that the transition is smooth for both you and the tenant.
Remember that local laws and regulations can vary, so it's essential to get advice that is specific to your jurisdiction.
The existing tenancy contract is typically binding until it expires or is terminated. You may need to provide the tenant with the required notice period.
Negotiating an early termination with the tenant, with proper documentation, is possible.
Seek legal advice for personalized guidance based on your jurisdiction's laws and regulations.
