Dubai - In July 2019, the landlord provided me with 12 months' notice for eviction.
Published: Sun 28 Jul 2019, 5:06 PM
Last updated: Sun 28 Jul 2019, 7:08 PM
I have been residing as a tenant in a villa since November 2018. My landlord informed me that the villa may be sold by May 2019. In July 2019, the landlord provided me with 12 months' notice for eviction and thereafter, the ownership of the villa was transferred to a new landlord. The new landlord has given me the options of either vacating the villa by July 2020 as per the 12 months' notice period which I was provided in July 2019 by my previous landlord or to vacate the villa between November 2019 and March 2020 without any compensation for early eviction.
Answer
We assume that you are residing in a rented villa situated in the emirate of Dubai.
Therefore, Law No. 26 of 2007 regulating the relationship between landlords and tenants in the emirate of Dubai (the 'Dubai Tenancy law') and Law No. (33) of 2008 Amending Law No. (26) of 2007 regulating the relationship between landlords and tenants in the emirate of Dubai (the 'Amended Dubai Tenancy Law') are applicable.
Your previous landlord - prior to transfer of the ownership of the rented villa to your new landlord - has served you with 12 months' notice period to vacate the rented villa. Thereby, your previous landlord may have followed the provisions of Article 25(2) (d) of the Amended Tenancy Law, which states: "Landlord may demand eviction of tenant upon expiry of tenancy contract limited to it if the owner of the property wishes to sell the leased property.
And for the purpose of clause (2) of this Article, landlord must notify tenant with reasons for eviction at least 12 months prior to the determined date of eviction subject that such notice be sent through the notary public or by registered mail."
Based on the aforementioned provision of law, we assume that your previous
landlord has served you notice through a notary public or by registered mail.
Further, your new landlord is not obligated to serve you with another 12 months' notice for eviction as you were already served notice of eviction by your previous landlord prior to transfer of ownership of the villa.
Further, it may be noted that a tenant's right to continue to reside in a rented property provided that the tenancy contract has a fixed term is not affected by the transfer of ownership of the property to a new landlord. This is in accordance with Article 28 of Dubai Tenancy Law, which states: "Transferring the ownership of real property to a new owner does not affect the tenant's right to continue to occupy it by virtue of the lease contract entered into with the previous owner, provided that such tenancy contract has a fixed term."
Therefore, based on your existing tenancy contract, you may continue to reside in the said rented villa till the completion of 12 months' notice served by your previous landlord, which expires in July 2020. However, if your new landlord demands you to vacate the rented villa in March 2020, then he may have to compensate you with advance rents paid, return the rental cheques for the said period, management fees paid in advance for the proportionate period from March 2020 to July 2020.
Further, your new landlord may be obligated to refund your security deposit if the same has been paid by you to the previous landlord.
If your new landlord demands your eviction prior to expiry of 12 months' notice period, then you may file a complaint against your new landlord in the Rental Dispute Centre based in the emirate of Dubai.
Know the law
If the new landlord demands the tenant to vacate the rented villa earlier than the notice period, then he may have to compensate with advance rents paid, return the rental cheques for the said period, management fees paid in advance for the proportionate period
Ashish Mehta is the founder and Managing Partner of Ashish Mehta & Associates. He is qualified to practise law in Dubai, the United Kingdom, Singapore and India. Full details of his firm on: www.amalawyers.com. Readers may e-mail their questions to: news@khaleejtimes.com or send them to Legal View, Khaleej Times, PO Box 11243, Dubai.
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