Questions & Answers
Can the new owner use the old eviction notice to re-rent at a higher rate?
Hello,
My landlord issued an eviction notice stating an intention to sell.
He has since sold the property before the eviction date, and now the new owner intends to use the old notice to evict me and re-rent the apartment at a higher rate.
Is this allowed?
Dear Valued Client,
Thank you for bringing this important matter to our attention!
Based on the information you've provided, I can offer the following professional advice regarding your tenancy situation:
1. Legal Standing:
The new owner's attempt to use the previous landlord's eviction notice (issued for selling) to evict you for re-renting at a higher rate is not legally permissible under Dubai's tenancy laws.
2. Eviction Notice Validity:
Eviction notices in Dubai are specific to the reason stated and cannot be repurposed after a property transfer. The original notice for "intent to sell" is no longer valid for the new owner's different intentions.
3. Tenant Rights:
You have the right to complete your current lease term. The new owner must honor the existing lease agreement unless they have a valid reason for eviction as per Dubai Law No. 26 of 2007.
4. Legal Recourse:
If the new owner persists with this unlawful eviction attempt, you have the right to file a complaint with the Rental Disputes Settlement Centre (RDSC).
5. Documentation:
Ensure you have copies of all relevant documents, including your Ejari-registered lease, the original eviction notice, and any communication with the new owner.
6. Professional Consultation:
Consider seeking advice from a real estate lawyer specializing in Dubai tenancy laws for a comprehensive evaluation of your case.
7. Dispute Resolution:
Should the situation escalate, you may need to file a formal dispute through the RDSC portal within 30 days of receiving any unlawful eviction demand.
Please note that attempting to evict a tenant to re-rent at a higher rate is not a valid ground for eviction under Dubai's tenancy laws.
If the new owner has legitimate grounds for eviction, they must either honor your existing lease or provide a new, legally valid 12-month notice.
Please don't hesitate to ask if you require further clarification or assistance.
Yours sincerely,
ABDUL WAHIED
Hello,
Normally, restrictions on re-renting a property apply to the previous landlord if no sale has occurred. In such cases, the former tenant should have priority.
However, these restrictions do not directly affect the new landlord. Since the eviction notice was issued due to a sale, which has been completed, the validity of the eviction is not in question.
Dubai's rental law does not specifically address re-renting by a new landlord.
If you need further clarification, we will check the possibilities in detail. Kindly share your WhatsApp number to discuss this further.
According to UAE law, a landlord is allowed to evict a tenant if they intend to sell the property. However, the landlord must follow the proper legal procedures for eviction, which include giving the tenant a written notice of eviction and providing a valid reason for the eviction.
In this case, if the landlord has already sold the property before the eviction date, the new owner cannot use the old notice to evict you. The new owner must issue a new eviction notice and follow the legal procedures for eviction.
Additionally, the new owner cannot use the eviction as a means to re-rent the apartment at a higher rate. This would be considered a violation of the tenant's rights and could result in legal action against the new owner.
For more details, please contact us.
Good Morning,
Once the eviction notice issued by the old owner has ended, the new owner is free to re-rent the property at any rate or use it as they wish.
For more information, please leave a phone number for contact or reach me at [---------].
Greetings,
In Dubai, an eviction notice issued for the purpose of selling the property does not automatically transfer to the new owner.
If the new owner wishes to evict you for personal use, they must issue a new 12-month notarized eviction notice as per RERA regulations. Eviction for the purpose of re-renting at a higher rate is not legally valid.
To assess your legal options and protect your tenancy rights, we recommend booking a consultation with us to handle the matter on your behalf.
Let us know how you'd like to proceed!
Hello,
In accordance with Dubai’s rental regulations, specifically Law No. (26) of 2007 as amended by Law No. (33) of 2008, the new owner may rely on the original eviction notice issued by the previous landlord if it was issued correctly and for a legitimate reason, such as selling the property or for personal use.
However, Article 25(2)(d) of the law explicitly prohibits re-leasing the property to a new tenant within two years from the date of eviction if the notice was given for the purpose of personal use or sale.
If the new owner proceeds to re-rent the property shortly after eviction and not for genuine personal use or sale, this would be considered a violation of the law and may give you grounds to file a compensation case with the Rental Dispute Settlement Centre.
If you prefer to have a direct discussion, please let me know, and I will guide you on how we may proceed.
Alternatively, if you require further clarification, you may kindly share your WhatsApp number here so that I can provide more detailed assistance.
Dear Questioner,
Thank you for your inquiry regarding the eviction notice and the subsequent sale of the property. Based on UAE law, here’s my advice on the situation:
1. Sale of the Property and Eviction Notice:
When a property is sold, the new owner inherits the rights and obligations of the previous landlord under the tenancy agreement.
However, the eviction notice issued by the previous owner may not be automatically valid for the new owner to enforce, especially if the notice was issued for a specific reason, such as for sale or personal use.
2. New Owner’s Rights and Responsibilities:
The new owner can issue an eviction notice if they have a legitimate reason (such as personal use, renovation, or sale).
However, re-renting the property at a higher rate is not a valid legal reason for eviction under UAE law.
If the previous owner’s notice was issued to evict you for the purpose of selling the property, the new owner can only rely on that notice if the sale is completed and the eviction date is still valid.
If the eviction date has passed, or if the reason for eviction does not align with the new owner’s intentions, a new notice may be required.
3. Legitimate Grounds for Eviction:
A new owner cannot evict you simply to re-rent the apartment at a higher rate. The law requires a legitimate reason for eviction, such as personal use or if the property is being sold or renovated.
If the new owner does not have a legitimate reason, or if the notice issued by the previous landlord does not meet the legal requirements, you may have grounds to contest the eviction.
Please let me know if you would like me to assist you further with reviewing the documents or taking the next steps to protect your rights.
Best regards,
Mohammed Salah
Legal Consultant
Greetings,
Yes, the law allows the buyer of the property to replace the seller in all transactions, including the use of the prior notification issued by the previous owner, which is legally permissible.
Best Regards,
Unfortunately, yes, it is legally permissible because the condition of selling to the previous owner has already been met and the sale was completed in accordance with the legal notice.
