Introduction to Transferability of Eviction Notices in Dubai

The transferability of eviction notices is a hot topic in Dubai’s real estate market. Dubai’s rental market continues to evolve with significant legal interpretations impacting landlords and tenants. A recent development has redefined the applicability of eviction notices, shifting from a tenant-focused approach to one that benefits landlords by allowing eviction notices to transfer with property ownership.

Traditionally, when a property changed hands, the new owner had to issue a fresh 12-month eviction notice, even if the previous owner had already served one. However, a new Rental Dispute Centre (RDC) ruling suggests that a legally valid eviction notice is now linked to the property itself, rather than the specific landlord. This means that buyers can inherit eviction notices, potentially accelerating the eviction timeline for tenants.

This legal shift has raised important questions regarding tenant protections, eviction procedures, and the broader impact on Dubai’s rental market. Below, we explore these changes in detail, referencing Dubai’s rental laws (Law No. 26 of 2007 as amended by Law No. 33 of 2008) and examining their implications.

Legal Framework: Transferability of Eviction Notices Under Dubai Rental Law

The Dubai Rental Law, particularly Law No. 26 of 2007 (as amended by Law No. 33 of 2008), governs rental agreements, eviction processes, and dispute resolution. The relevant provisions regarding eviction include:

1. Valid Grounds for Eviction – Article 25(2) of Law No. 33 of 2008

Landlords in Dubai cannot evict tenants at will; they must meet specific conditions set by law. Under Article 25(2), a landlord can evict a tenant upon the expiry of a tenancy contract, but only if they provide a 12-month notice period for one of the following reasons:

Self-Use: The landlord (or their immediate family) intends to use the property personally and does not own another suitable alternative property in Dubai.
Sale of the Property: The landlord intends to sell the property, requiring the tenant to vacate.
Demolition or Major Renovation: The property requires structural renovations or complete demolition that make continued tenancy unfeasible.

2. Notice Requirements – The Importance of Proper Notification

To be legally valid, an eviction notice must:
✅ Be issued at least 12 months in advance.
✅ Be sent through a notary public or registered mail.
✅ Clearly state the legal grounds for eviction.

Failure to meet these requirements can render an eviction notice invalid, allowing tenants to contest eviction attempts at the Rental Dispute Centre (RDC).

Key Legal Change: Are Eviction Notices Now Transferable?

Previous Position on Transferability of Eviction Notices in Dubai

Until recently, Dubai courts followed the interpretation that an eviction notice was personal to the landlord. This meant that if a landlord sold the property before the 12-month period expired, the new owner had to issue a fresh eviction notice, restarting the clock for tenants.

This position provided stronger tenant protections, ensuring they always received at least 12 months’ notice from their direct landlord.

Recent Legal Shift

In a recent ruling, the Rental Dispute Centre (RDC) indicated that an eviction notice is now linked to the property itself, rather than the individual landlord. This means that a valid eviction notice issued by the previous owner remains effective under new ownership.

Key implications of this shift:
🔹 Landlords benefit: New property owners can rely on previously issued eviction notices, eliminating delays and streamlining the process.
🔹 Tenants face new challenges: Those relying on a fresh notice from the new landlord may now face eviction sooner than expected.

Practical Implications for Landlords and Tenants

For Landlords: What This Means for Property Investors

✅ Faster possession: Buyers can enforce an existing eviction notice, avoiding an additional 12-month delay.
✅ Greater legal certainty: Landlords purchasing a tenanted property must check if an eviction notice is already in place. If valid, they can proceed with eviction without restarting the notice period.
✅ Stronger position in disputes: The RDC’s new interpretation provides more predictability in enforcing evictions, making Dubai’s property market more investor-friendly.

For Tenants: How to Protect Your Rights

⚠️ Check the validity of eviction notices: Tenants should verify whether an eviction notice:

Was properly served via notary public or registered mail.
Complies with Article 25(2) requirements.
⚠️ Challenge improper evictions: Tenants can contest eviction attempts at the RDC if they believe:
The previous landlord’s eviction notice was not validly issued.
The new landlord is evicting them for personal use but does not actually intend to occupy the property.
⚠️ Negotiate extensions or compensation: In cases where landlords want early possession, tenants may negotiate a lease extension or compensation for vacating earlier than expected.

Can Tenants Still Challenge an Eviction Notice?

Yes. Even under this new interpretation, tenants still have legal protections.

If a tenant believes an eviction notice is invalid, they can challenge it at the Rental Dispute Centre (RDC). Common reasons for challenging eviction notices include:

Improper Service: Notice was not delivered via notary public or registered mail.
Lack of Legitimate Reason: If the eviction is for personal use but the new landlord does not actually intend to move in, tenants can contest it.
Fraudulent or Misleading Eviction Attempts: Some landlords misuse eviction provisions to pressure tenants into vacating so they can re-rent the property at a higher rate.

Future Outlook: A Shift Toward a More Landlord-Friendly Market?

Dubai’s rental laws have historically balanced tenant protections with investor confidence. However, this latest legal shift suggests a trend toward a more landlord-friendly market, streamlining property transactions and reducing delays in vacant possession.

For tenants, this means understanding their rights is more important than ever. A valid eviction notice must still comply with Dubai Rental Law, and tenants can still challenge improper eviction attempts at the RDC.

For landlords, this change eliminates unnecessary delays, making it easier to enforce eviction notices without restarting the process after acquiring a property.

Conclusion: Staying Informed is Key

As Dubai’s rental market continues to evolve, both landlords and tenants must stay informed to navigate these legal changes effectively. The transferability of eviction notices represents a fundamental shift in eviction procedures, but tenants still have rights and legal protections under Law No. 33 of 2008.

🔹 Landlords should review existing eviction notices when purchasing a tenanted property to avoid unnecessary delays.
🔹 Tenants should verify the legal validity of eviction notices and seek legal advice if faced with an eviction dispute.

By understanding these legal changes, all parties can ensure compliance with Dubai’s rental laws while protecting their respective interests in the market.

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We hope this post will help you as when evaluating the transferability of eviction notice as landlord or tenants and remain available for any questions regarding this post of general application.

For more information published in English you can visit all our publications at this link as well as the videos in English of our Managing Partner Maria Rubert.

*The information on this page is not intended to be legal advice. This article is intended to provide an initial introduction to the current Dubai’s real estate market.