UAE Property: ‘Can my new landlord use the eviction notice from the previous landlord?’

It is prohibited to evict a tenant with the intention of subsequently leasing the property to another tenant. Antonie Robertson / The National

Question: After 16 years of living in the same place, my landlord served me a court order to vacate within a year because he is selling the property.

He sold the property after five months to another landlord.

Should the new landlord serve me with a new eviction order or will the existing notice from my old landlord be applicable? SC, Dubai

Answer: It appears that the judges at the Rental Dispute Centre have changed their position on this issue.

Previously, a new buyer who becomes the landlord had to serve their own 12-month notice in addition to the notice from the original landlord.

However, judges are now ruling that the notice served should be attached to the property, not a person, meaning the new landlord – the buyer – can use the eviction notice served by the original landlord.

However, your eviction can only be upheld if the new landlord intends to move in himself or his next of kin of the first-degree because they are not allowed to evict a tenant to then re-let the property to a new tenant.

Q: I have an apartment that has been rented out from January 20 this year to January 19, 2025.

However, my tenant informed me on June 12 by email that she needs to know her options in case she terminates the lease early because of personal reasons and difficulties in staying in Dubai.

I confirmed to her over a call that we will not impose a penalty if she gives me at least 60 days’ notice.

On June 27, she emailed me again saying that since there is no early termination clause in the contract, she will vacate the apartment and move out on July 15, requesting me to return the balance rent as well as the security deposit.

What are my legal rights as a landlord? She wants to terminate the lease early, but I don't want to agree because she is not giving me at least 60 days' notice. However, nothing is mentioned in our tenancy contract.

Is there any specific rule that if an early termination clause is not mentioned in the contract, how many days can I demand for the notice period? CJ, Dubai

01:38

A: When it comes to early termination of a contract, if there are no specific terms or clauses within the document relating to this, the penalty (if any) is entirely at the discretion of the landlord.

Technically, the tenant has signed and agreed to a contract with a one-year validity, so if she now wants to terminate the contract early, according to the document, you do not have to return any rent.

However, it is advisable to reach an agreement and typically, a one or two-month notice plus a minimum 30-day penalty charge is reasonable.

Without a provision for early contract termination, the tenant could be liable for the full year’s rent.

However, you would also not be able to re-let the property until the contract officially ends, regardless of whether anyone is living in the unit or not.

If the tenant does not agree, your only option would be to file a case at the Rental Dispute Centre and await a judgment on how to proceed.

Mario Volpi is head of brokerage at Novvi Properties and has worked in the property sector for 40 years in London and Dubai. The opinions expressed do not constitute legal advice and are provided for information only. Please send any questions to [e-mail]