Questions & Answers
I recently bought a house, and the tenant abandoned it without notice. What should I do?
Hello,
I recently bought a house. In the sale contract, it was mentioned that the house was rented; however, upon the sale, the owner had returned the deposit to the tenant, and the tenant had abandoned the property without informing me.
When I checked with the owner, he said he returned the deposit to the tenant so the tenant could pay it to me and start a new tenancy contract.
I would like to know the following:
1. Is the tenant or the landlord at fault?
2. How can I pursue legal action against the landlord if he is liable?
3. What are the total fees (including all legal expenses) to pursue litigation?
Thank you!
Dear Questioner,
Based on the information you provided, it appears that the tenant abandoned the property without informing you, which is a breach of the standard tenancy agreement terms.
Tenants are usually required to inform the landlord or new property owner about their intention to vacate the property before leaving.
Additionally, tenants are also required to return the property in good condition, and the security deposit should generally be used to cover any damages or outstanding rent.
The previous owner of the house (the seller) should have ensured that all the details regarding the tenancy were properly handed over to you.
In your case, if the tenant had abandoned the property and left without informing you and the security deposit was returned to them, then the former landlord should have clarified the situation with you and ensured the tenant paid the security deposit for a new contract.
The landlord should not have returned the tenant's deposit without verifying that the tenant was vacating the property.
It seems that the landlord may bear some responsibility for not properly notifying you about the tenant's departure or coordinating the payment of the security deposit for a new tenancy agreement.
If you cannot resolve the issue directly with the previous owner, you can file a complaint with the Rent Disputes Center (RDC) in Dubai.
Kindly share your WhatsApp number for further discussion.
Dear questioner,
It is generally the responsibility of the previous landlord to ensure that the terms and conditions of the sales contract are complied with and that the property is handed over to the new owner in the agreed-upon condition.
If the landlord failed to inform you about the tenant vacating the property and returning the deposit, this could be considered a breach of contract.
We can file a complaint against both the tenant and the previous landlord for breach of contract as well as for rental compensation.
Kindly share your WhatsApp number to discuss this further.
Dear Questioner,
File a lawsuit against both of them. The tenant must notify the landlord (regardless of who the landlord is) that they will not renew the contract at least 90 days before its expiration, and they do not have the right to leave the property like this.
And because the tenant may have sent that notice to the previous landlord, include the previous landlord in the case as well.
Also, refer to the villa purchase contract and examine any clauses related to renting or the tenant.
Dear Questioner,
In the event of selling a rented property in Dubai, the lease agreement remains valid between the new owner and the tenant, with all rights and obligations being transferred to the new owner.
If the previous owner returns the deposit to the tenant without your knowledge, resulting in the tenant vacating the property, the previous owner may be liable for this action.
1. Suggested steps:
- Review the contract: Check the terms of the sale contract to see if there are any conditions related to current tenants or the return of the deposit.
- Communicate with the previous owner: Try to resolve the matter amicably with the previous owner.
2. Filing a lawsuit:
- Competent authority: You can file an initial lawsuit at the Rental Disputes Settlement Center at the Dubai Land Department.
- Required documents: A copy of the sale contract, any correspondence or agreements with the previous owner, and any other documents that support your case.
3. Legal fees:
Court fees: The filing fee for a lawsuit is 3.5% of the annual rent value, with a minimum of AED 250.
For assistance, please contact us via phone or WhatsApp at [----------].
Dear Questioner,
Thanks for your question!
Regarding the above, we would like to inform you that:
1. It is the responsibility of the landlord to ensure that the property is vacant and ready for possession at the time of sale. If the tenant has abandoned the property without informing the landlord, it is the landlord's responsibility to take the necessary steps to evict the tenant and hand over the property to the new owner.
2. If the landlord has failed to fulfill his responsibilities, you can pursue legal action against him for breach of contract. You can file a complaint with the Real Estate Regulatory Agency (RERA) or the Dubai Land Department (DLD) to resolve the issue.
3. The total fees for pursuing legal action will depend on the complexity of the case and the lawyer's fees. It is advisable to consult with us directly to get an estimate of the total expenses involved in pursuing the litigation.
Kindly do not hesitate to contact us via phone or email to represent you in court and seek compensation for any losses or damages incurred due to the landlord's actions.
Greetings,
Dear Questioner,
While the tenant should have informed you about the vacancy, the primary responsibility lies with the landlord.
They should have ensured a smooth handover and informed you about the situation before the sale was finalized.
You can potentially pursue legal action against the landlord for breach of contract. This would involve filing a civil lawsuit to recover any losses incurred due to the tenant's early departure and the subsequent vacancy.
And you can file a suit against the tenant for not providing a notice of termination.
We will discuss the procedures in detail.
Kindly share your WhatsApp number to discuss this further.
Thank you for reaching out regarding the situation with your recently purchased property!
I understand your concerns and will address each of your questions:
1. Responsibility of the Tenant and Landlord:
In Dubai, when a property is sold with an existing tenant, the tenancy agreement typically transfers to the new owner, including the security deposit.
The previous landlord should have transferred the tenant's security deposit to you upon the sale. By returning the deposit directly to the tenant without your consent, the previous landlord may have breached his obligations.
Additionally, the tenant vacating the property without proper notice could be considered a violation of the tenancy agreement.
2. Pursuing Legal Action Against the Landlord:
To address this issue, you can file a complaint with the Rental Dispute Settlement Centre (RDC) in Dubai. The RDC handles disputes between landlords and tenants, as well as issues arising from property sales involving tenanted properties.
You will need to provide all relevant documentation, including the sale agreement, tenancy contract, and any correspondence with the previous landlord and tenant.
3. Legal Expenses for Litigation:
The total legal expenses can vary based on the complexity of the case and the duration of the proceedings. Costs may include RDC filing fees, legal representation fees, and any additional administrative expenses.
It's advisable to consult with a legal professional to obtain a detailed estimate tailored to your specific situation.
I would be glad to assist you further in this matter. Please feel free to contact me via WhatsApp or phone at [---------] to discuss your case in more detail and explore the best course of action.
Best regards,
Suhail Rana
