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Dubai, UAE

Can a POA signed by one owner of a jointly owned property authorize a valid eviction notice?

Dear Lawyers,

I received a rental apartment eviction notice from Dubai courts, which was sent and signed by a power of attorney. However, the property has two owners.

Do both owners need to authorize the POA, and is there a way to check if the POA is actually authorized to send the notice?

Is it possible that the POA has authorization from only one owner and was still able to send the notice?

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Engy Nabeel Advocates & Legal Consultants
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1 Dec 2024, 15:47

A notice from one owner is enough.

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

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Amiri Advocates & Legal Consultants
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1 Dec 2024, 18:28

The notice should be sent by the landlord, meaning the person listed as the landlord in the lease agreement.

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London Center for Legal Consultancy Office
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2 Dec 2024, 09:16

In this case, if there are two property owners, both should ideally authorize the Power of Attorney (POA) for any actions regarding the property.

If the POA is valid for only one owner, then the agent should only act on behalf of that owner.

However, if the agent has been authorized by only one owner, they may still send the eviction notice, but it would only be valid for that particular owner’s portion of the property.

To check if the POA is authorized, you can verify the POA’s registration with the Dubai Land Department or consult with a legal professional.

You can contact us via WhatsApp, phone, or email.

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Rashid Khalil Obaid Advocates and Legal Consultancy
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2 Dec 2024, 17:28

Yes, it is possible that only one owner authorized a POA to send the eviction notice. In Dubai, it is possible for one owner to grant POA to another person to act on their behalf in real estate matters, including eviction proceedings.

You can request additional documentation from the person who sent the eviction notice, such as a copy of the POA and proof of authorization from both owners.

If you need further clarification, you may ask us.

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Al Fahad Legal Consulting
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2 Dec 2024, 22:46

Dear Questioner,

Thank you for reaching out. Regarding your inquiry about the eviction notice you received from Dubai courts, here’s a breakdown of your questions:

1. Authorization of Power of Attorney (POA)

If the property has two owners, both owners should ideally authorize the Power of Attorney (POA) for any legal actions related to the property, including sending eviction notices. If one owner is not involved, the POA may not have the authority to act on their behalf for the entire property.

2. Checking the Legitimacy of the POA

To verify if the POA is validly authorized, you can request a copy of the POA from the party that sent the eviction notice.

The document should explicitly outline the powers granted to the attorney, including authority over the property and eviction rights. You can also check with the Dubai Land Department or the Notary Public to confirm whether the POA has been duly registered and authorized by both owners.

3. Possibility of POA Being Authorized by One Owner

It is indeed possible that the POA was granted by only one owner, which could still allow the attorney to act on behalf of the property owner who granted the POA. However, in such cases, the POA should only apply to the specific owner's share of the property, not the entire property.

4. Next Steps

To avoid any further complications, we advise verifying the POA's authenticity and scope of authority before taking any action on the eviction notice.

We are ready to assist you immediately in verifying the POA and determining the best course of action in response to the eviction notice. Please feel free to contact us directly for assistance.

Best regards,

Mo. Salah

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Ibrahim Al Banna Advocates & Legal Consultants
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3 Dec 2024, 15:15

Thank you for reaching out regarding the eviction notice you've received!

In Dubai, when a property has multiple owners, any action affecting the property—such as issuing an eviction notice—typically requires the consent of all owners. Therefore, a Power of Attorney (POA) authorizing such actions should be signed by both owners to be valid.

To verify the legitimacy of the POA used to issue your eviction notice, you can request to see the document to confirm that it has been properly notarized and specifies the authorized actions. Additionally, you can check with the Dubai Courts or the Dubai Land Department to verify its authenticity.

Given the complexities involved, I recommend scheduling a consultation to thoroughly review your situation and determine the best course of action.

Please feel free to contact me via WhatsApp or phone at [-----------] to discuss this further or to arrange a meeting at your convenience.

Best regards,

Suhail Rana

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Alawi Aljaberi Advocates & Legal Consultants
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4 Dec 2024, 06:10

If it is by Dubai courts, then it will be as per the POA and issued by both owners.

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Mohamed Bakheet Advocates & Legal Consultants
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4 Dec 2024, 16:39

If the property is owned by more than one person, the eviction notice must be issued by all owners or their legal representatives.

- Joint Power of Attorney: If the agent holds an official power of attorney from all owners, he can legally send the eviction notice on their behalf.

- Power of Attorney from a Single Owner: If the agent holds a power of attorney from only one of the owners, his powers are limited to what that owner has authorized him to do, and he cannot make decisions related to the property without the consent of the other owner.

For assistance in drafting the notice and sending it through the court, please contact us via phone or WhatsApp number [----------].

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Zayed Almazrouei Advocates And Legal Consultants
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5 Dec 2024, 09:26

We can check the POA status to verify if it is correct. Kindly contact us via phone or email.

Laila Hamza Al Mulla Advocates and Legal Consultants
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5 Dec 2024, 10:59

Dear questioner,

If the POA holder lacks sufficient authority, we can challenge the eviction notice on that basis. If you need our assistance, kindly share your WhatsApp number.

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KHE Legal Consultancy
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5 Dec 2024, 11:51

Yes, if the property has two owners, both owners need to authorize the POA to act on their behalf unless the POA document explicitly grants authority to represent both owners.

If the property is co-owned by two people, the POA must be duly authorized by both owners to take actions on the property, including issuing an eviction notice.

If the POA only covers one owner, the agent would only have the legal right to act on behalf of that specific owner.

In this case, the agent cannot legally act for the other owner unless they also have a POA for that owner.

If the POA is only from one of the property owners, then it is possible that the eviction notice was issued on behalf of the owner who granted the POA.

However, if the eviction concerns the entire property, both owners should typically authorize the eviction notice or be involved in the process.

To ensure that the person issuing the eviction notice has the proper authority, ask the landlord (or the agent with the POA) to show you the original POA document.

5 Dec 2024, 11:51

For further clarification, kindly share your WhatsApp number.

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Dar Al Haqooq Legal Consultancy
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11 Dec 2024, 11:03

Dear Client,

Thanks for your question! I hope you are doing well. I will assist you in this matter.

In Dubai, if a property has multiple owners, both owners must authorize the Power of Attorney (POA) to act on their behalf, especially for significant actions like issuing an eviction notice.

To verify if the POA is authorized, you can check with the Dubai Land Department or the relevant authorities that handle property registrations and powers of attorney.

It is possible that the POA only has authorization from one owner, which could lead to complications in the eviction process if both owners did not consent.

For any further legal assistance, you can WhatsApp us. We have an extensive team of knowledgeable and experienced lawyers to provide the legal assistance you need.

We will be happy to help you.

Thanks & Regards,

ABDUL WAHIED

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