There could be instances where landlords, out of the blue, inform a tenant that they are selling the property and that the tenant must vacate the premises within a short span of time. The main question that arises is whether a landlord can evict a tenant within a short span by stating the reason that they intend to sell the property. Dubai’s tenancy laws provide important safeguards for tenants while also recognising a landlord’s right to sell their property. Understanding these legal requirements can help both landlords and tenants avoid unnecessary disputes.
Can a landlord evict a tenant because they want to sell the property?
As per Law No. (26) of 2007 Regulating the Relationship between Landlords and Tenants, a landlord can evict a tenant if they want to sell the property, but only under specific legal conditions. Article 25(2) of the law specifically states that a landlord may seek eviction upon the expiry of the lease for some of the statutory reasons mentioned in the law, namely:
- Demolition and reconstruction;
- Comprehensive restoration or maintenance;
- Personal use by the landlord or a first-degree relative; and
- Sale of the property.
Eviction Can Only Be Sought Upon Expiry of the Lease
Article 25 expressly provides that these grounds apply upon the expiry of the lease contract, meaning a landlord cannot terminate a fixed-term tenancy midway simply because they decide to sell the property.
The Mandatory 12-Month Eviction Notice
A landlord always has the right to sell their property whenever they wish and, for that purpose, may seek to evict their tenant. However, there are certain legal conditions that they must strictly adhere to, namely:
- A minimum twelve months’ notice is mandatory.
- The notice must clearly state the reason for eviction.
- The notice must be served through a Notary Public or by registered mail.
Does Selling the Property Automatically End the Lease?
The sale of the property does not automatically terminate the tenancy. Article 28 of the law states that if the tenancy agreement has a fixed term, the purchaser acquires the property subject to the existing tenancy and assumes the rights and obligations of the previous landlord.
What If the Landlord Does Not Follow the Law?
If the landlord does not follow the conditions stipulated under the law, such as:
- The minimum notice period was not adhered to.
- The notice was not served through the prescribed methods.
- The notice does not comply with the statutory requirements.
Depending on the circumstances, the tenant may challenge the validity of the notice before the Dubai Rental Disputes Centre (RDC).
Conclusion
The Dubai law permits a landlord to seek eviction for the purpose of selling a property, this right is subject to strict legal requirements designed to protect both landlords and tenants. A valid twelve-month eviction notice served through a Notary Public or by registered mail is mandatory, and the sale of a property does not automatically terminate an existing tenancy. Tenants should retain copies of their tenancy agreement and all correspondence, verify that any eviction notice complies with the law, and avoid assuming that they must vacate simply because the property has been listed for sale. Similarly, landlords should plan the sale well in advance, ensure full compliance with Article 25, serve the notice through the prescribed legal method, retain proof of service, and be mindful that a purchaser may acquire the property subject to an existing tenancy.
We at Ayesha Aldhaheri Advocates & Legal Consultants, we regularly advise landlords, tenants, and property investors on all aspects of Dubai tenancy law, including eviction notices, tenancy disputes, and the sale of tenanted properties. Our team provides comprehensive legal guidance to ensure compliance with the applicable laws, assists in resolving disputes before the Dubai Rental Disputes Centre (RDC).
