Dubai Court Enforces Eviction After Valid 12-month Notice For Property Sale

Dubai courts have enforced an eviction order against tenants who continued to occupy a property despite the expiry of a statutory 12-month notice served for the purpose of sale, reinforcing landlord rights under local tenancy laws.

The case arose when a property changed hands following a lawful sale. The previous owner had issued a statutory 12-month eviction notice to tenants, as required under Dubai tenancy law, notifying them of the intent to sell the property and seeking vacant possession at the end of the lease term. Despite the notice and the completion of the sale, the tenants refused to vacate the premises, prompting the new owner to approach the Rental Dispute Settlement Centre (RDC) for enforcement.

Dubai tenancy law allows landlords to seek eviction once a lease term ends if the property is genuinely being sold, provided the tenant has been notified at least 12 months in advance through a notary public or registered post. Courts have consistently enforced eviction requests when such notices are valid and the sale proceeds within the stipulated timeframe.

A critical aspect of this case involved the transfer of ownership. Legal principles established in prior rulings confirm that rights arising from a valid eviction notice can be assumed by a subsequent purchaser. The courts recognise that when a buyer acquires a property with knowledge of the tenancy and notice, they may step into the legal position of the previous landlord to enforce eviction. This principle was central to the RDC’s decision, which upheld the new owner’s right to recover possession.

The courts also noted that tenants who remain in the property after the notice period can be liable to pay rent or compensation until possession is delivered. This is intended to balance the protection of tenants with the legitimate property rights of landlords.

In this matter, UAE-based legal consultancy Kaden Boriss provided end-to-end legal support to the new owner. The firm reviewed the validity of the eviction notice, advised on the enforcement strategy, prepared the eviction claim, and represented the client before the RDC. By clearly demonstrating compliance with statutory notice requirements and establishing the legitimacy of the property sale, Kaden Boriss successfully secured a court order granting possession to the new owner.

Legal experts say the ruling underscores the importance of strict adherence to statutory notice procedures and timely enforcement, particularly in scenarios involving the transfer of property ownership. The case also highlights the judiciary’s consistent approach in balancing tenant protections with landlords’ rights, reinforcing certainty for investors and property owners operating in Dubai’s dynamic real estate market.

For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004. Follow The Law Reporters on WhatsApp Channels.