Can a former tenant take legal action after re-leasing a property 9 months post-vacancy?

Yes, he can file a compensation claim against you.

If you have any other inquiries, contact us on phone number [----------].

Dear Questioner,

In Dubai, a landlord has the right to ask a tenant to vacate the property if they intend to live there personally, but the laws require that this reason be adhered to.

If you are unable to move into the property and it remains vacant and then is rented out again, the old tenant may be entitled to file a claim for compensation or damages resulting from the eviction, especially if they feel that the reason you provided for the eviction was not adhered to.

To more accurately assess your situation, here is what you can do:

- Review the tenancy agreement and notice:

Make sure that the notice sent complies with the laws of the Dubai Land Department, especially in terms of the reason provided for the eviction.

- Legal advice:

It is preferable to consult a lawyer specializing in Dubai tenancy law. For assistance, please contact us by phone or WhatsApp on [---------].

- Preparing justification documents:

It may be useful to provide justification for your failure to move for personal reasons as a supporting document if a claim is filed against you.

Typically, the tenant has the right to file a lawsuit within a specified period (usually 12 months) from the date of eviction, and the court's decision depends on the evidence presented by both parties.

Yes, the tenant can file a compensation claim against you for re-renting to another tenant.

Please call me on [---------] for detailed discussion and assistance.

Dear Questioner,

Thank you for getting in touch!

Unfortunately, if the previous tenant got to know that you rented the property, he shall file a case asking for rental difference or compensation.

To better understand your needs and provide you with tailored advice, could you kindly share your contact details?

If you'd like, we can also schedule a phone call or a meeting to discuss your matter in more detail at a time that works best for you.

Please let me know your availability, and I’ll be happy to arrange a convenient appointment.

Looking forward to assisting you!

Dear questioner,

Yes, there are chances he may find out about the re-renting, but we can take appropriate measures and defenses against the compensation case.

If you need further clarification, kindly share your WhatsApp number.

Dear Questioner,

Yes, if you re-rent the property to a third party, the old tenant can file a case against you for illegal eviction.

However, to avoid the loss, there are some other options. We will explain them to you in detail.

Kindly share your WhatsApp number to discuss this further.

Greetings,

If the property is re-rented within six months from the date of eviction, the tenant can file a lawsuit against you, but in this case, he cannot.

We are honored to provide you with legal support. For further inquiries about your topic, you can come to our office or contact us via phone, WhatsApp, or email.

Hi,

Good morning!

As a landlord in the UAE, you have the right to evict a tenant with proper notice, as long as you comply with the terms of the lease agreement and applicable laws.

You also have the right to re-rent the property after the tenant vacates. Your former tenant may have grounds for a claim against you if they believe you violated the terms of the lease agreement or the UAE's tenancy laws.

However, the potential for a successful claim depends on the specific circumstances of your situation. You mentioned giving a one-year notice to vacate. If this was done in accordance with the lease agreement and UAE tenancy laws, it would be a strong defense against any claims from your former tenant.

Renting the property to another tenant after a brief vacancy is generally permissible. However, if you re-rented the property at a significantly higher rent, your former tenant might argue that you acted in bad faith.

For further assistance, kindly share your contact details.

Maideid Al Mansoory Advocates and Legal Consultant

Hello,

That is correct. You are not permitted to re-rent the property before the completion of a two-year period, in accordance with Dubai Rental Law No. (33) of 2008, which amends certain provisions of Law No. (26) of 2007 regulating the relationship between landlords and tenants in the Emirate of Dubai.

Article (26) states that if the Committee grants the landlord the right to repossess the property for personal use or for the use of a first-degree relative, in line with subparagraph (c) of clause (2) of Article (25) of this law, the landlord is prohibited from releasing it to another party for at least two years for residential properties, and three years for non-residential properties, starting from the date the landlord repossessed the property.

This is unless the Committee allows a shorter period for reasons it deems appropriate. Otherwise, the tenant has the right to request the Committee to award fair compensation.

Accordingly, my advice to you is to send an email to the former tenant, inviting them to return to the property or, alternatively, obtain a written waiver from them confirming their consent to lease the property to others and agreeing not to file a compensation claim against you.

You also retain the right to sell the property.

You have to email your old tenant first to offer him the property for re-renting. If he refuses, then you can rent it to another tenant; it’s the safer option.

Thank you for reaching out regarding your property situation in Dubai!

Based on the information you provided, since your previous tenant vacated the property more than nine months ago, the likelihood of them successfully filing a case against you is significantly reduced.

Typically, tenants may have limited grounds for legal action after vacating, especially if they received proper notice to vacate and the lease agreement has ended.

However, it’s essential to consider any specific terms in your lease agreement and any communications that took place during and after the tenancy.

If there were no unresolved issues or claims at the time of their departure, it’s unlikely they would have a valid case now.

I recommend scheduling a consultation to review your lease documents and any correspondence related to this matter to ensure you are fully protected.

Please feel free to reach out to me via WhatsApp, phone, or email. I would be happy to assist you further.

Best regards,

Suhail Rana

Greeting,

According to the provisions of Sec (26), if the property owner wishes to occupy the leased property for residential purposes for themselves, provided that they do not own another suitable property for residence in the municipality where the leased property is located, then they must:

- Notify the tenant before 90 days before the lease contract expires.

- The lessor must actually occupy the leased property after it is vacated by the tenant for a duration of one year without interruption if the committee made a decision.

If the owner does not actually occupy the leased property without an acceptable excuse within three months from the date of eviction, or occupies it for less than a year, or if they rent it to another tenant after it has been vacated, the tenant may be granted the right to compensation.

We always look forward to serving you and we are happy to stay in touch with you.

Best Regards,

Dear Questioner,

Thanks for your inquiry!

In the UAE, once a tenant vacates a property, their rights generally end with the termination of the tenancy agreement, especially if proper notice is given.

Here are some points to consider regarding your situation:

- Legal Notice: Since you provided a legal notice to the tenant one year prior to their required vacating date, this should help establish that you followed the proper procedure.

- Time Limit for Claims: Typically, in the UAE, claims related to tenancy disputes must be made within a specific period. If it has been more than 9 months since the tenant vacated, it’s unlikely they would have a strong case against you unless there are extenuating circumstances.

- Reason for Leaving: If the tenant has no valid claim or reason to dispute the notice or your actions post-vacancy, they are unlikely to succeed in any legal action.

In summary, it’s unlikely that your former tenant can file a successful case against you after so much time has passed, especially with proper notice given. However, legal advice will give you peace of mind.

Kindly do not hesitate to contact us at [----------] so we can provide specific guidance based on the details of your case.

Greetings,

Yes, he has that right, and the court does not accept any excuses presented by the landlord if they re-rent before two years from the eviction of the previous tenant.