Can my wife rent out a property I’m gifting her after evicting the current tenant for sale?

Dear Questioner,

There are certain factors you have to consider before renting this property. According to Dubai rental law, the same landlord cannot re-rent the property to a third party after evicting the tenant within 2 years for residential purposes.

Since you are initiating gifting this property to your wife, the old tenant cannot file a suit against you for illegal eviction. You need to officially transfer the property to your wife's name.

This is typically done through a gift deed or property transfer agreement. The transfer process involves registering the property in your wife's name at the Dubai Land Department (DLD).

In this way, your wife can rent the property to a new tenant.

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

The tenant may have received an eviction notice for the reason that the property is being sold. If the property is no longer being sold and is instead being gifted to your wife, this could raise legal concerns regarding the validity of the eviction notice.

If the eviction was granted based on the intention to sell, and the sale is no longer going through, the tenant could potentially challenge the eviction.

The reason behind the eviction notice is important, and changing the reason after it’s been served may be viewed as dishonest or in bad faith.

For further assistance, kindly share your WhatsApp number.

Thank you for your inquiry regarding the eviction notice served to your tenant due to your intention to sell the property, and your subsequent plan to gift the property to your wife.

In Dubai, when a landlord serves a 12-month eviction notice to a tenant with the intent to sell, this notice is generally considered "attached to the property."

This means that if the property is transferred to a new owner—whether through sale or gift—the existing eviction notice remains valid under the new ownership.

Therefore, after the eviction notice period expires and the tenant vacates, your wife, as the new owner, would have the right to lease the property to a new tenant.

However, it's crucial to ensure that the eviction notice was properly served in compliance with Dubai's legal requirements, such as issuing the notice through a Notary Public or registered mail.

Additionally, the reason for eviction must be genuine and align with the grounds stipulated by law. Improper service or invalid reasons can render the eviction notice ineffective, potentially leading to legal complications.

Given the complexities involved in property transfers and tenant evictions, I recommend a detailed consultation to address your specific situation comprehensively.

Please feel free to reach out to me via WhatsApp or phone at [----------] to discuss this matter further or to schedule a convenient time for a consultation.

Best regards,

Suhail Rana

Dear questioner,

No, a gift is not considered a sale, so even if you re-rent the property after gifting it, the tenant can still sue you for compensation.

However, there are certain methods, such as reaching an agreement with the tenant for re-renting or making the rental arrangement confidential.

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

Yes, after the eviction notice expires, your wife can rent the property to a new tenant.

Kindly contact me for further assistance.

If the property is in Dubai, according to Dubai rental laws, you can give the property to your wife and she can rent it out.

However, the former tenant can file for compensation if your wife rents out the property within two years of his departure.