Can I upgrade and gift an apartment to my husband after evicting a tenant?

Thank you for reaching out with your inquiry!

Since the tenant has vacated the property following the proper legal procedures, they no longer hold any rights or claims over the apartment. You are free to proceed with upgrading and refurbishing the property as you see fit.

Regarding gifting the property to your husband, Dubai's property laws allow for such transfers between first-degree relatives, including spouses.

This process, known as a "gift transfer," involves a reduced transfer fee of 0.125% of the property's value, significantly lower than the standard 4% fee applicable to regular sales.

To ensure a smooth transfer, you'll need to:

- Obtain a No Objection Certificate (NOC) from the property developer.

- Secure a property valuation from the Dubai Land Department.

- Provide official proof of your marital relationship, such as a marriage certificate.

Please note that all documents must be notarized and, if necessary, translated into Arabic.

I would be happy to assist you with the legal aspects of this process to ensure compliance with all regulations.

Please feel free to reach out to me via WhatsApp or phone at [---------] to discuss this further.

Best regards,

Suhail Rana

According to Dubai Tenancy Law, the landlord has the right to request the eviction of the tenant upon the expiry of the tenancy contract in specific cases, including:

- The landlord’s desire to demolish the property to rebuild it or carry out comprehensive renovations.

- The landlord or a first-degree relative needs to use the property for personal residence.

In these cases, the landlord must notify the tenant via notary public or registered mail 12 months prior to the eviction date.

Since you have submitted an official, notarized eviction notice for a year, and the tenant has vacated the apartment accordingly, you have complied with the required legal procedures.

After the tenant has been evicted, you have the right to upgrade the apartment and gift it to your husband.

However, it should be noted that the law stipulates that if the landlord requests the tenant’s eviction to use the property for personal residence or for a first-degree relative, he may not rent the property to others or use it for any other purpose before a full year has passed from the eviction date.

Accordingly, if the reason for the eviction is personal use or for a relative, you must wait a year before gifting the apartment to your husband.

However, if the eviction is for other reasons, such as renovation or reconstruction, there is nothing preventing you from gifting the apartment to your husband after the upgrade.

For assistance, please contact us via phone or WhatsApp number [---------].

Dear Questioner,

Thank you for your inquiry!

Based on the details you have shared, here is our professional legal advice:

As you have already served the tenant with a notarized one-year eviction notice and the tenant has vacated the property, you are now in full possession of your property.

Under UAE rental laws, once the tenant vacates after a valid eviction notice, they no longer hold any legal rights over the property.

Upgrading and refurbishing the property, as well as gifting it to your husband, are considered lawful actions as the rightful owner of the property.

The previous tenant cannot claim any rights or file a case against you, as long as the eviction notice was served in accordance with Law No. 33 of 2008 (governing tenant-landlord relationships in Dubai) and the stated purpose for eviction was genuine and fulfilled.

If you require further assistance or have additional concerns regarding the matter, feel free to share the documents with us at [----------]. We would be happy to assist you further.

Best regards,

Mohammad Salah

Hello,

As the owner of the property, you are entitled to gift the apartment to your husband, subject to the rules and formalities of property transfer and registration in the UAE.

Gifting a property is a valid legal action, but it must be done through the correct legal procedures, typically involving notarized agreements and registration with the relevant authorities (e.g., the Dubai Land Department or the equivalent in other Emirates).

A tenant can challenge an eviction notice in court if they believe it was issued unfairly or does not comply with the law.

However, if the tenant vacated without contest, and the notice was properly given, the legal grounds for any challenge would be limited.

For a detailed discussion, kindly share your WhatsApp number.

If the tenant has vacated the apartment following the legal eviction process, they should not have any further rights regarding the property. You are free to upgrade and gift the apartment to your husband.

For further legal advice, contact us.

Dear questioner,

Upgrading and transferring the property as a gift to your husband is not an issue. However, if the property is rented out, it could create complications, so additional measures may be needed to avoid compensation claims.

If you require our assistance in planning, please share your WhatsApp number.

Greetings,

No liability is incurred, as you followed the legal provisions for vacating rented properties by issuing the proper notice.

Since you now intend to gift the property to your husband after upgrading it, the previous tenant has no legal claim or involvement in this matter.

Best Regards,

If you initially stated in the eviction notice that you intend to sell the property as the reason for eviction, and the tenant complies with your notice, it's crucial to maintain consistency in your actions.

If you later decide to rent the property to another tenant at a higher rate or gift it to your husband, this could be perceived as a breach of trust and a deception.

The tenant may have a strong legal case to seek compensation, arguing that your initial reason for eviction was false and that you intentionally misled him to evict the unit.

Once the tenant has vacated the property as per the eviction notice, you have the legal right to make any necessary improvements, including renovations and upgrades.

Gifting the property to your husband is also a legal action, provided it complies with local property laws and regulations.

But there are certain things you have to take into consideration. The transaction was not a sale; instead, it was a gift. So, there is a chance that the previous tenant will file a suit against you for illegal eviction.

We will let you know the possibilities in detail. Kindly share your WhatsApp number to discuss further.

If you sell the apartment to your husband, the tenant has no rights. However, if you gift the apartment to your husband, the tenant has the right to file a compensation claim if the apartment is rented out.

Hello,

As per your query, we need to review the notice to determine whether it was issued for the purpose of sale or personal use.

Based on the notice, the tenant is required to vacate, allowing you to proceed with upgrading or refurbishing the property.

Please contact us or call [-------] for further assistance.

Assuming all legal processes were correctly followed during the eviction and there are no unresolved disputes with your former tenant, the tenant should not have any legal rights against you regarding upgrading or gifting the apartment.