I am planning to purchase a villa with an existing tenant. Can I rent it out to a new tenant?

Greetings,

If you purchase a villa with an eviction notice against the existing tenant, you can rent it out after the eviction is enforced, provided the tenant vacates the property as per the legal notice.

However, you should ensure that all legal procedures, including the eviction process, are fully followed to avoid any disputes.

It’s advisable to consult a legal expert to understand your rights and ensure proper handling of the situation. Book a consultation with Future Vision for Advocacy and Legal Consultancy to receive tailored advice on this matter.

We are happy at Future Vision Law Advocates and Legal Consultancy to assist you and provide the best legal services that meet your needs.

To contact us, you can call or WhatsApp us.

Dear Questioner,

Thank you for your inquiry regarding the purchase of a villa with an eviction notice served to the existing tenant. Below, I have outlined the legal points you need to consider under UAE law:

1. Effect of an Eviction Notice on the Existing Tenant

If an eviction notice has been served to the current tenant, it typically indicates that the tenant is required to vacate the property by a specified date.

However, this notice does not immediately remove the tenant from the property, as they may challenge the eviction through legal channels.

If you proceed with purchasing the villa, you will inherit the status of the property, including the tenant's rights under the lease agreement, if the tenant has not vacated by the time the transfer of ownership occurs.

2. Tenant’s Rights and Possession

Even if the villa is purchased, you will not be able to take possession of the property if the tenant has not vacated, unless they leave voluntarily or a court order for eviction is enforced.

The eviction notice needs to be legally enforced through the court process if the tenant does not leave by the specified date.

If the eviction process is still ongoing at the time of the property transfer, you may need to wait for the court's decision before the property is fully vacated.

3. Renting Out the Property Post-Purchase

If the tenant has vacated: After the tenant leaves, you can immediately rent out the villa to a new tenant.

If the tenant has not vacated: You will need to respect the tenant's lease rights until they vacate the property, and you must follow the legal process for eviction, which can be time-consuming depending on the situation.

4. Important Considerations

You should ensure that the eviction notice has been properly served and is legally valid, and confirm the timeline for the tenant’s departure.

It’s advisable to consult with the current landlord or legal representative to understand the eviction process and the tenant's response to the notice.

If the eviction is contested, the process could delay your ability to rent out the villa. You may also consider seeking legal advice if you’re concerned about potential disputes.

5. Due Diligence

Before finalizing the purchase, it would be wise to check with the relevant authorities or legal advisors to confirm the status of the eviction notice and understand any legal implications.

If you need further clarification or assistance with the legal aspects of the purchase, feel free to reach out.

Best regards,

Mohammed Salah

Legal Consultant

Recent decisions by the RDSC suggest that an eviction notice might now be tied to the property itself, not just the landlord who issued it.

This means that if you purchase the villa, you may be able to rely on the existing eviction notice, provided it was issued on valid grounds and served correctly.

Hence the property is sold then the new landlord can rent it out. If you need further clarification regarding the legal ground kindly share your WhatsApp number.

You cannot rent out the villa until after the existing tenant has legally vacated following their eviction notice, which means waiting for all processes related to their tenancy and potential appeals or disputes to conclude.

Dear questioner

Yes, you can rent it out but it shall be done without inviting any claims from the previous tenant.

As per Dubai rental laws, the existing tenant has a priority call when the property is rented.

If you need more details, kindly share your Whatsapp number.

If you are going to rent the villa again, in this case, you must offer rent to the current tenant.

If he refuses it, you can rent it to another tenant.

In case of any other inquiry, contact us on the phone.

Thank you for your inquiry regarding the purchase of a villa with an eviction notice served to the existing tenant.

In the UAE, if the eviction notice has already been issued, it typically indicates that the tenant is required to vacate the property within a specified time frame.

However, the timeline and enforceability of this eviction notice depend on various factors, including whether the notice was served correctly, whether the tenant challenges the eviction in court, and whether all legal procedures are properly followed.

If you purchase the villa, you may be able to rent it out once the tenant has vacated the property, provided the eviction process has been finalized and the tenant has legally moved out.

I strongly recommend having the eviction process reviewed to ensure there are no pending legal complications, and that the property is ready for re-rental without further delay.

I would be happy to assist you with reviewing the details of the eviction notice and provide advice on the next steps.

Should you choose to proceed with this matter, I can guide you through the legal aspects of the purchase, the tenant eviction process, and your rights as the new property owner.

Please feel free to contact me directly via WhatsApp or email to discuss your case in more detail. I look forward to assisting you further.

Best regards,

Suhail Rana

Thank you for reaching out regarding your planned purchase of a villa with an eviction notice already served to the existing tenant.

1. Can You Rent the Villa After the Eviction Notice?

Under Dubai Rental Law (Law No. 26 of 2007, as amended by Law No. 33 of 2008), if the previous landlord served a 12-month eviction notice for personal use or sale, the new owner cannot immediately lease the property unless:

The eviction notice explicitly states that the reason for eviction is for sale only (not personal use).

You wait for 2 years before renting it out if the eviction notice states "landlord or family will occupy the property".

If the eviction was for selling purposes, you may immediately rent it out once the tenant vacates.

2. What to Check Before Purchasing

Ensure the eviction notice was properly served via notary public or registered mail.

Confirm the reason stated in the eviction notice. If it was "for personal use," you may have to wait 2 years before renting it out.

Check with the current tenant if they have challenged the eviction at the Rental Dispute Center (RDC). If they have, it may delay your ability to take possession.

3. How We Can Assist

Review the eviction notice to confirm if the villa can be rented out immediately.

Assist with any disputes at the Rental Dispute Center (RDC) if the tenant refuses to vacate.

Ensure compliance with RERA regulations before leasing the property.

*Why the 2-year Restriction on Renting After Eviction for Personal Use?

Under Dubai Rental Law (Law No. 26 of 2007, as amended by Law No. 33 of 2008), a landlord who evicts a tenant citing “personal use” or “for a family member’s use” cannot rent out the property for 2 years (for residential units) or 3 years (for commercial units).

*Legal Basis:

Article 25(2)(d) of Law No. 33 of 2008 states that if a landlord evicts a tenant by claiming personal use, they must personally occupy the property for at least 2 years before renting it out again.

If the landlord rents it out before the 2-year period ends, the tenant can file a complaint at the Rental Dispute Center (RDC) and claim compensation for wrongful eviction.

What This Means for You as a Buyer:

If the eviction notice stated "for sale" → No waiting period.

You can rent it out immediately after the tenant vacates.

If the eviction notice stated "for landlord’s personal use" → You must wait 2 years.

If you rent it out before 2 years, the previous tenant could file a legal claim for wrongful eviction and may seek compensation.

If the tenant challenges the eviction in RDC, they might be able to stay longer if the reason for eviction is not properly justified.

4. Next Steps

Would you like us to review the eviction notice before you proceed with the purchase? This will ensure you can legally rent out the property without unexpected legal restrictions.

Looking forward to your response.

Best regards,

Omar Mosaad

Senior Legal Consultant

OS Legal