Subsequently, the ownership was transferred to a second owner, who later sold the property to our client. The transfer of ownership included the eviction notice, thus enabling our client to obtain the villa vacant and free of occupants by 1st August 2024.
However, upon reaching out to the tenant to confirm the eviction as per the notice, the tenant refused to vacate, arguing that the new owner was required to issue a fresh 12-month eviction notice. This situation placed our client in a challenging position, as they had already made arrangements to take possession and reside in the villa.
In response, we issued a formal legal notice to the tenant, requiring compliance with the previously issued eviction notice within 5 days. The notice was based on the original eviction notice, which had been duly notarized by the first owner. It was explicitly stated that failure to comply would lead to legal action, holding the tenant accountable for any damages caused to our client.
Following receipt of the legal notice, the tenant contacted us to request a meeting with the owner, indicating their intention to comply with the eviction and vacate the villa.
Our Arguments
On behalf of our client, we prepared and sent a legal notice to the tenant, setting out the following legal arguments:
- Applicability of Article (52), paragraph 2(d) of Law No. 26 of 2007, as amended by Law No. 33 of 2008 – This provision clearly states:
“At the end of the tenancy contract, the landlord may request eviction of the tenant in certain cases, including where the owner intends to sell the rented property. For the purpose of this clause, the landlord must notify the tenant of the eviction at least twelve months prior to the specified date, and the notification must be delivered via a notary public or registered mail.”
- Transfer of Eviction Rights Under Article 251 of the UAE Civil Code (No. 5 of 1985) – This article provides that:
“If a contract establishes personal rights related to a property, and the property is subsequently transferred to a specific successor, those rights are transferred to the successor at the time of transfer, provided the successor is aware of them.”
Thus, the right to evict, once properly established by the previous owner, transfers with the ownership of the property, along with all associated rights and obligations.
Legal Opinion
Since the eviction notice was lawfully issued by the previous owner in accordance with Article (52), paragraph 2(d) of Law No. 26 of 2007 (as amended), and given that our client purchased the villa with no registered tenancy contracts encumbering it, the tenant is simply occupying the property for the remainder of the original 12-month eviction period. This eviction notice was integral to the sale and transfer of ownership. Therefore, the right to evict, and any claims related to non-compliance by the tenant, have passed to our client under Article 251 of the UAE Civil Code. Consequently, our client now holds the legal right and interest to initiate proceedings against the tenant, including claims for damages due to the tenant’s refusal to vacate within the specified period.
Conclusion
Under the applicable laws, the eviction notice issued by the first owner remains valid, and all corresponding rights have transferred to our client. The tenant is obliged to vacate the property as per the notice. Failure to comply will result in legal action, and the tenant will be held liable for any damages incurred.
If you require further legal assistance regarding tenancy matters or any related issues, please contact us here.
