UAE Property: ‘Landlord evicted us to sell house but then re-let it'

The onus of proof is on you to show that the property has indeed been re-let after you left

Viewing a property for sale with a short-term tenant living there can sometimes be problematic from a broker’s point of view. istockphoto.com

Question: We were living in a rented unit in Dubai. In April 2023, a few days after we renewed the lease, we received an eviction notice from the owner telling us he was going to sell the house the following year, and for that reason the contract would not be renewed.

But after leaving the house, we realised that it was posted for rent for almost double the price we had paid in the previous period.

We want to know how we can check if the new tenant's contract is in the name of the same owner and thus start administrative actions against him. JM, Dubai

Answer: The onus of proof is on you to demonstrate that the property has indeed been re-let after you vacated because of the eviction notice served by the landlord for sale purposes.

Getting this information can sometimes be problematic because the sharing of confidential data is not common here in Dubai.

You could try visiting the Dubai Land Department to see if the information desk will help you but, unfortunately, I don’t think they will be able to.

You could just get in touch with the present occupiers and ask them for information. If you explain that you were the previous tenant, they may help you.

Alternatively, perhaps speaking to the security guards, management company or the developer directly may yield some information.

Q: My tenant in Dubai is very difficult to work with. He is taking advantage of the fact that I don't live in Dubai.

When Covid hit, I reduced the rent considerably. When the rent went up, I did not inform him within 90 days of contract renewal and he refused to raise the rent appropriately and took advantage of the law.

I sent a Dubai Court eviction notice. The contract was renewed on December 1, 2023, and I sent the eviction notice on March 20 this year.

I recently told my tenant that once the existing contract ends on November 30, I can extend his stay only until March 19, 2025, which would complete one year of the notice period.

He told me that he wants a full year [from the end of November] or he will not renew.

Since he wants to leave after the existing contract on November 30, can I rent to someone else?

My second option is to sell. What happens if I can't find a buyer? Can I rent it short-term by turning it into a holiday home while I try to sell? And if I cannot find a suitable buyer, can I continue to do short-term rental under the holiday home scheme?

The eviction notice served is for selling and personal use. RM, Dubai

A: If your tenant voluntarily moves out of your rented unit and, therefore, cancels the rental contract at its natural termination, you are at liberty to re-let the unit or sell it as you wish.

With reference to your second point, you can rent the unit while trying to sell, if all the approvals for short-term renting are in place.

The only thing I’d like to point out is that sometimes viewing a property for sale when a short-term tenant is living there can be a bit problematic from a broker’s point of view. It can be difficult to gain access at a moment’s notice, and short-term tenants sometimes do not allow viewings at all.

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]