• Amer Berry

When buying a property in the UAE, understanding the implications of Law No. 33 of 2008—an amendment to Law No. 26 of 2007—is crucial, particularly regarding eviction notices. These laws aim to protect both landlords and tenants by regulating eviction conditions, including when a landlord can request a tenant to vacate the property. 

Eviction Upon Property Sale: What Buyers Need to Know

Under Article 25 of Law No. 33 of 2008, a landlord can request a tenant to vacate the property upon the expiration of a lease if the landlord intends to sell. However, there are important conditions to meet:

  • The landlord must provide the tenant with 12 months’ advance notice of the eviction.
  • This notice must be issued via a notary public or registered mail to be legally enforceable.

Transfer of Eviction Rights to New Owners

One common area of confusion arises when a property is sold before the end of the 12-month notice period. Does the new owner need to issue a fresh eviction notice, or can they rely on the one issued by the previous owner?

The answer lies in the concept of “special succession.” The new owner is considered a legal successor to the previous owner, meaning they inherit both the rights and obligations tied to the property, including any valid eviction notices. Therefore, if the original notice was properly issued and met all legal requirements, the new owner can enforce the eviction without issuing a new notice.

Key Points for Buyers

  1. Check the Status of Eviction Notices: If you’re purchasing a tenanted property with the intent to evict, verify whether a valid 12-month eviction notice has already been issued by the previous owner.
  2. Legal Succession: As the new owner, you inherit any properly issued legal notices. Ensure the notice complies with legal standards.
  3. Avoid Delays: If the notice is valid, you do not need to restart the 12-month notice period, saving time and avoiding delays in taking possession of the property.

By understanding the eviction process and ensuring that all legal notices are in place, buyers can avoid complications and protect their interests when acquiring a property with sitting tenants. 

Legal Insights

  • 30 September 2024
  • 3 min read



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