Real estate in the UAE: Does my new landlord have to provide a new eviction notice?

Question: My landlord and I were unable to reach an agreement on extending the terms of the lease. As a result, I received an eviction notice (dated February 2) on February 22, and I need to vacate the premises by February 21, 2024. The reason stated in the notice was "personal need," rather than being related to first-degree relatives. I submitted a "proposal and deposit" certificate dated March 4 to the Rental Disputes Settlement Committee under the same terms as the previous lease. This establishes a new lease term from March 22, 2023, to March 21, 2024. The property ownership was transferred by gift on May 7. A lease agreement under the same terms as the previous one was signed retroactively in the name of the new owner on July 10. The Ejari certificate was issued on July 24, registering the aforementioned lease, and on August 5, the owner received an official rent payment receipt for the entire period. Is the eviction notice still valid, or is it legally invalid due to all the above facts? If so, is there anything I should do, if at all, to protect my interests? A.T., Dubai.

Answer: When the current landlord sends a 12-month eviction notice and then sells or gifts the property to another party, some judges in the Rental Dispute Resolution Committee prefer to require the new owner to also send their own 12-month notice if they want to use the property themselves or for their legal first-degree heirs. While this is not guaranteed 100 percent, more and more judges are leaning towards this line of thinking. My advice to you is to just stay calm. If the new owner insists on your eviction, at that point I would recommend filing a claim with the Rental Dispute Resolution Committee.

Question: I gave my tenant a 12-month eviction notice according to the Dubai court's decision. The tenant initially agreed to move out. However, when I delivered the last 20 days of the notice, my tenant appealed to the Rental Disputes Settlement Committee, which asked me to allow him to stay. Although I rejected his request to continue living in my property, the court approved it.

Response: When filing a claim with the Rent Dispute Resolution Committee, keep in mind that the outcome of any case depends on the judge's interpretation of the law, who guides the process during the hearing. This is why you are now required to subject the court's decision to judicial review. You have the right to appeal the current decision, but this will also incur additional costs. Therefore, the only alternative is to try to negotiate with the tenant and find a solution for vacating the premises. Perhaps you can carry out the renovation work in stages, allowing the tenant to still reside in the property and pay you rent? This way, you will start the work, and the time the court has allowed the tenant to stay will also be passing. If the work can be completed within an additional 12 months, you will be able to sell the property. This proposal allows for a wise use of the extra time. Mario Volpi is the Sales Director at AX Capital. He has been working in the real estate sector for 39 years in London and Dubai. The opinions expressed here are not legal advice and are provided for informational purposes only.

Please send questions to m.volpi@axcapital.ae. Updated: September 28, 2023, 4:00 AM.