Questions & Answers
Can we re-rent our villa after a gift deed transfer, and will the old tenant have any claim?
Dear Lawyers,
My wife is the owner of a villa in Dubai, and in September 2023, she issued an eviction notice to the tenant on the grounds of self-use.
In August 2024, the tenant vacated after serving the notice, and the tenancy contract has ended. Now, our situation has changed, and we would like to re-rent the villa to a new tenant.
If my wife transfers the villa to my name via a gift deed, will I be able to rent the villa after the transfer of ownership is completed?
Can the old tenant still fight a case through the Rental Dispute Center if I am the new owner?
Greetings,
After transferring ownership, you can rent it again, because it is considered that the parties to the contract have changed.
For further inquiries about your topic, you can come to our office or contact us via WhatsApp, phone, or email.
Hello,
There is a certain complication regarding the transfer of property via a gift deed. If the eviction was for the purpose of self-use, you can only re-rent the property after the expiry of 2 years, and the previous tenant has the right of priority.
Dear Inquirer,
1. Re-Renting the Villa After Ownership Transfer:
If the villa is transferred to your name via a gift deed and ownership is officially transferred, you can legally rent out the villa to a new tenant.
However, under Dubai rental law, the new owner (you) must wait 2 years from the date of eviction notice for self-use before re-renting the property. This applies even after ownership transfer to prevent misuse of the eviction law.
2. Potential Legal Action by the Old Tenant:
The old tenant may still file a case with the Rental Dispute Center (RDC) if they believe the eviction notice was issued in bad faith or to circumvent the law.
Even if ownership is transferred, the RDC might investigate the intent behind the eviction. It is best to have a lawyer present to prevent any risks that may occur.
If you need further clarification, you can contact us.
Yes, he can.
You need to demonstrate that the transfer of ownership of the villa was not a legal maneuver aimed at vacating the villa and then re-renting it at a higher price.
The judge will then decide which party has the right.
Re-renting the villa (after the transfer of ownership) at a higher price would be clear evidence of legal manipulation on your part.
