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My previous landlord served me a notice to vacate. Can the new landlord vacate me without a notice?

My previous landlord served me a notice to vacate, stating he intended to sell the apartment, which he later sold to a private company.

From what I understand, this notice should transfer to the new owner, who would only be allowed to either sell the unit or move in themselves and cannot ask me to vacate to re-lease for higher rent.

We are closer to the 12-month notice expiry and the new owner (a private company) is now demanding a significantly higher rent—above RERA’s allowed increase—or insisting I vacate so they can lease it again at market rates.

The demand is more than 50% of my current rent. Is this demand from the new owner valid?

I called up RERA who couldn’t help and advised me to approach a lawyer.

I am not sure if my rationale holds or if the new landlord is correct. I’ll appreciate advice from this community.

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KHE Legal Consultancy
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5 Nov 2024, 06:59

Hello dear questioner,

He is not allowed to have this increase.

In this case, we object to the warning, request an offer and deposit, and request the application for the legal increase.

But we need more details and to review the warning and the lease contract for further discussion. Please share your WhatsApp number.

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London Center for Legal Consultancy Office
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5 Nov 2024, 07:01

Welcome

According to Dubai rental law, the new owner cannot force you to vacate solely to increase the rent or lease it at market rate.

If there was a prior legal notice, it must be for personal occupancy or sale purposes. You should appoint a lawyer to handle

these procedures.

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

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Engy Nabeel Advocates & Legal Consultants
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5 Nov 2024, 07:13

An eviction notice for sale means that you must vacate the property within 12 months due to its sale to a new owner

In your case, given that the new seller agreed to rent the property to you again, but for an increased and exaggerated amount, you can send a legal notice to the new owner rejecting that increase because it does not match the increase in RERA.

So contact us by phone so we can help you.

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Al Fahad Legal Consulting
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5 Nov 2024, 07:24

Dear Questioner,

Thanks for your inquiry.

According to Article 25 of the UAE Tenancy Law, a landlord may terminate a tenancy contract if they intend to demolish the property, carry out major renovations, or sell the property.

In this case, the landlord must provide the tenant with a written notice at least 12 months before the intended termination date.

If the landlord sells the property, the new owner must honor the terms of the existing tenancy contract until its expiration date.

This means that the new owner cannot ask the tenant to vacate the property before the end of the contract or increase the rent beyond the allowed limit set by RERA.

In your situation, it seems that the new owner is not honoring the terms of the existing tenancy contract and is demanding a significantly higher rent.

This demand is not valid and you have the right to refuse it. You can also file a complaint with RERA or seek legal advice to protect your rights as a tenant.

It is important to note that the new owner may ask you to vacate the property if they intend to use it for their own personal use.

However, they must provide you with a written notice at least 12 months before the intended termination date and compensate you for any inconvenience caused.

In conclusion, the demand from the new owner for a significantly higher rent is not valid and you have the right to refuse it. You can seek legal advice to protect your rights as a tenant.

Kindly do not hesitate to contact us for further guidance.

Greetings

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RAALC Law Firm
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5 Nov 2024, 07:26

Welcome to RAALC Law Firm.

Thank you for getting in touch. This is Legal Consultant Ehab Mohamed.

In Dubai, the laws surrounding rental agreements and tenant rights are primarily governed by the Dubai Tenancy Law and the regulations established by the Real Estate Regulatory Agency (RERA).

Here’s an overview of your situation and what you should consider regarding the new landlord's demands:

Transfer of Lease and Notices:

When your previous landlord served you a notice to vacate, this notice is typically binding and should be honored by the new owner. The new owner has taken over the rights and responsibilities of the lease agreement, which includes honoring the notice period and any existing terms of the lease.

Increase in Rent:

According to RERA regulations, any increase in rent must comply with the Rental Increase Calculator provided by RERA. The law states that any increase should not exceed the permissible limits based on the existing rent and market conditions.

A rental increase exceeding 50% is likely illegal unless justified by a significant change in circumstances, which generally requires a strong rationale and evidence.

Eviction and Re-Lease:

The new landlord cannot simply ask you to vacate to re-lease the apartment at a higher rate. The only valid reasons for eviction include non-payment of rent, breach of the tenancy agreement, or if the landlord intends to occupy the property for personal use (and proper notice is given).

The landlord cannot evict you just to increase the rent; the existing lease terms must be respected.

Your Rights:

If the new landlord is insisting on a rent increase beyond RERA's permissible limits or is attempting to evict you without valid legal grounds, you have the right to refuse this demand.

You should document all communications with the new landlord regarding the rent increase and eviction notice.

We can help you follow up on all these steps and ensure you have your legal rights.

Looking forward to assisting you!

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