Questions & Answers
I bought a property and served an eviction notice. Can the tenant refuse to leave on time?
I bought my first UAE property in October in Springs for myself and my partner as a family home. The property has a tenant but a 12-month notice had been served to him to leave in February (the notice reason said for renovation).
He had told the old owner and the estate agent he would be open to even leaving earlier. As soon as the sale went through, he went silent.
I have messaged to ask for access to the house so I can get a building quote for the works for me to renovate once he moves out which he ignored and has ignored any attempt I have had to call him.
Yesterday he filed a Rental Dispute claim against me to extend his lease for another year which is really confusing.
I cannot afford to pay the mortgage for the property and live elsewhere. I only bought the house knowing a notice had been served and he was leaving so I could move in myself to start my family.
We understand your concerns. Hence the old landlord already served the eviction notice, the tenant should leave the property upon eviction.
The reason for the eviction notice should be verified by the court. Apart from that, if the tenant has confirmed leaving the premises, then we can file the defense in court for eviction.
We will discuss the procedures in detail. Kindly share your WhatsApp number to discuss this further.
Thank you for sharing the legal notice and providing context regarding the property and the dispute with your tenant. After reviewing the document, here are some key points to consider.
Legal Basis of the Notice: The legal notice serves as a formal communication from the landlord (referred to as the Notifying Party) to the tenant (referred to as the Notified Party).
It outlines the landlord’s intention not to renew the tenancy contract, citing the desire to carry out renovations and maintenance after the 12-month notice period.
Tenant’s Rights: In Dubai, tenants have legal protections under Law No. 26 of 2007, which regulates the relationship between landlords and tenants.
The 12-month notice period is a requirement if the landlord intends to reclaim the property for personal use or renovations.
This notice must be served through a notary public or registered mail, and failure to comply with these requirements can invalidate the notice.
Filing of a Rental Dispute: The tenant’s filing with the Rental Dispute Center (RDC) may indicate a challenge to the notice's validity or an attempt to negotiate lease terms.
Common grounds include procedural issues with the notice or disputes over the landlord’s stated reasons for eviction.
Implications for You: As the new property owner, your rights to reclaim the property for personal use remain intact, provided the notice meets the legal criteria.
However, the RDC will carefully examine the tenant's claims, the notice's validity, and whether sufficient evidence supports the landlord’s intentions (e.g., proof of renovation plans).
Next Steps:
It is crucial to respond to the rental dispute filed by the tenant within the stipulated timeframe set by the RDC.
Ensure that all supporting documents are in order, including the sale agreement, tenancy contract, and the 12-month notice.
Depending on the case details, we can either assert your right to evict the tenant or explore a settlement, such as offering compensation for early termination of the tenancy.
I recommend we schedule a detailed consultation to discuss the case further and formulate a strategy tailored to your objectives.
Please feel free to reach out to me via WhatsApp or phone or email.
Looking forward to assisting you in resolving this matter.
Best regards,
Suhail Rana
Dear Client,
Thanks for your question! I hope you are doing well. I will assist you in this matter.
Given that you served a 12-month eviction notice for renovation, the tenant's subsequent rental dispute claim to extend the lease is confusing and may not be valid.
Since you have legal grounds for eviction based on the notice served, you should consult with us to understand your rights and options for addressing the tenant's claim.
It's crucial to act promptly to protect your interests and ensure you can proceed with your plans for the property.
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
You can file an appeal against that case filed by the tenant and also simultaneously file an eviction case.
We can assist you in this regard. Please call us for detailed discussion and assistance.
If the eviction notice is legal, valid, and served correctly, the new landlord (you) has the full right to reclaim the property.
The tenant cannot automatically extend the lease without your express consent.
For assistance, please contact us by phone or WhatsApp.
