A Legal Guide for Buyers, Sellers, and Real Estate Agents in Dubai
When purchasing a tenanted property, a common question arises: If the previous landlord served an eviction notice, can the new owner enforce that same notice?
The answer is not absolute. It largely depends on the purpose of the eviction and whether the new owner’s intended use of the property aligns with the original notice.
At fäm Conveyancing, we guide clients through the intricacies of Dubai tenancy law, ensuring realistic expectations and compliant actions when dealing with eviction matters.
The Risk: Assuming You Can Always Rely on a Previous Owner’s Eviction Notice
Eviction notices are typically linked to the property, not necessarily to the individual owner. However, as of today’s date, there is no explicit law that governs the automatic transferability of eviction notices from the previous landlord to the new owner.
Instead, the enforceability of a previous eviction notice is based on court judgments issued by the Rental Dispute Centre (RDC). These judgments show:
- If the new owner's intention aligns with the previous landlord’s purpose (e.g., both intend to sell the property), the existing eviction notice may be accepted.
- If the intention differs (e.g., new owner wants to use the property for personal residence while the previous landlord's notice was based on selling), the RDC may require the new owner to issue a new 12-month eviction notice.
⚠️ Important: If a dispute arises, the RDC often advises or rules that a new notice must be served, particularly where the intention is unclear, different, or undocumented.
Thus, relying solely on an existing eviction notice carries a legal risk without a 100% guarantee of enforcement.
Legal Reference: Law No. 26 of 2007 and Its Amendments (Tenancy Law)
Article 25 of the Tenancy Law defines valid grounds for eviction, including:
- Personal use by the landlord or their first-degree relatives.
- Sale of the property.
- Major renovation or demolition work.
The alignment of the new owner’s intention with these grounds — and with the original eviction purpose — is critical to determining whether a previous notice can still be relied upon.
Important Scenarios to Consider
1. Same Intention — Selling the Property
- If the buyer’s intention is identical to the previous landlord’s (for example, both intend to sell the property after eviction), the existing eviction notice may be recognized by the RDC.
- The eviction is considered linked to the property, and the notice period may continue without the need to restart the 12-month clock.
2. Different Intention — Personal Use or Change of Purpose
- If the buyer intends to personally occupy the property or use it differently from the previous owner's stated purpose, a new 12-month eviction notice should be served after ownership transfer.
- Court practice shows that if the intentions are not aligned, the RDC may invalidate the previous notice and require a new notice to be issued to preserve the tenant’s rights.
Additional Clarifications: Shorter Notice Periods in Tenancy Contracts
- Some tenancy contracts attempt to agree on shorter notice periods (e.g., 1–3 months) for eviction.
- While such contractual agreements are enforceable if mutually accepted, they remain subject to Dubai Land Department and RDC analysis.
That is, if a dispute arises:
- The 12-month eviction notice under the law will generally override the private contract terms.
- RERA regulations protect tenants from shortened eviction timelines unless the shorter period was clearly, lawfully, and voluntarily accepted.
What Happens If You Don’t Comply Properly?
Failure to align with the eviction notice requirements may lead to:
- Legal challenges by the tenant.
- Loss of the intended eviction timeline.
- Additional legal fees, time delays, and potential damages claims.
Ensure Your Eviction Strategy is Legally Sound
At fäm Conveyancing, we recommend that all buyers of tenanted properties:
- Review any existing eviction notices carefully with legal assistance.
- Align their intended use with the grounds stated in the original notice.
- Serve a new 12-month eviction notice immediately after transfer where necessary to mitigate any risk.
- Avoid relying solely on contractual shorter notice periods without a full legal review.
Need Legal Assistance with Tenancy and Eviction Matters?
If you require review, drafting, or guidance regarding eviction notices, tenancy disputes, or tenant communication, fäm Conveyancing is here to support you every step of the way.
📞 +971 58 822 9107 | +971 52 128 9592
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🌐 www.famconveyancing.com
Your ownership rights deserve the right legal strategy. Let's ensure your tenancy matters are managed with professionalism, compliance, and confidence.
Disclaimer:
This content is for general information only and should not be considered legal advice. Please consult a legal advisor for guidance specific to your situation.