As a landlord in Dubai, you may have various reasons to evict your tenant from your property, such as selling, renovating, or moving back into the property. However, evicting a tenant is not a simple process, and you need to follow certain legal procedures and regulations to avoid any disputes or penalties.
Moreover, if you change your mind and decide to re-let the property after evicting the tenant, you need to be aware of the implications and consequences of doing so. In this blog post, we will answer some of the most frequently asked questions about evicting and re-letting your property in Dubai, and help you understand your rights and obligations as a landlord.
Eviction for selling: how to re-let your property legally
Suppose you have served your tenant with a 12-month eviction notice because you want to sell your property, but then you change your mind and decide not to sell. What can you do if you want to re-let the property again?
The answer is quite simple: you need to give the old tenant the first right of refusal. This means that you have to offer them the opportunity to move back in before you can rent the property to someone else.
If the old tenant refuses or no longer wishes to move back in, they need to confirm this in writing. Once you have their written consent, you are free to re-let the property to whoever you choose. You can consider this as a no-objection letter from the outgoing tenant.
However, if you just go on to re-let the property without the previous tenant’s consent, you may face legal consequences. The old tenant could file a case against you for unfair eviction and you may end up having to pay compensation equivalent to one year’s rent.
This is based on Law 33 of 2008, which states that you cannot re-let the property for two years if you have evicted a tenant for the reason of moving in yourself or your first degree next of kin. However, the law does not specify the same restriction for the reason of selling, so you have more flexibility in this case.
Demolition: what happens to your ownership rights and responsibilities
Another question that you may have is what happens to your property rights and responsibilities if your building is demolished. This may depend on whether your property is freehold or leasehold.
Freehold means that you own both the physical property and the land that it is built on. Leasehold means that you own the physical property but not the land. In this case, you have a lease agreement with the landowner for a period of 99 years, after which the property reverts to the landowner.
Let us look at the freehold scenario first. If your building is in such a state of disrepair that it requires demolition, you would need to obtain the municipality’s consent for this decision. But you would still remain in control of the future of the land and the building.
You would typically form an owners’ association with the other unit owners to manage this process. You would have the option to either rebuild the building or sell the plot, depending on the consensus of the owners.
In the case of leasehold, the same principle applies. You would still have a say in whether the building is rebuilt or the plot is sold. However, the value of your unit would decrease as the lease period approaches its end. You would also have to consider the terms and conditions of your lease agreement with the landowner.
Conclusion
Evicting and re-letting the property is a decision that should not be taken lightly, as it involves legal procedures, regulations, and consequences. As a landlord, you need to be aware of your rights and obligations, and follow the rules and guidelines set by the law and the authorities. In this blog post, we have answered some of the most common questions about evicting and re-letting the property in Dubai, but there are many more details and nuances that you should know.