Question: I recently purchased a house to be used as a family home. The house is currently tenanted, with a rental contract in the previous owner’s name.
The agent advised that for ease, we should keep the existing rental contract as is, in the previous owner’s name, rather than having to draw up a new contract and cheques in our name.
The current rental contract ends on February 28, 2024.
As I would like to move in with my family as soon as possible, the tenant has kindly agreed to vacate at the end of the current rental contract period.
I understand that the law states that new owners must serve 12 months’ notice of eviction.
However, the tenant is willing to go to the notary public and sign a document saying that he will vacate at the end of the current rental contract period.
In this case, the agent says that I would not have to serve an eviction notice.
Would this document be legally binding? At the end of February, can the tenant change his mind and say that they now wish to stay and that I, as the new owner, must give them 12 months’ notice of eviction from that point?
We are currently renting a townhouse while we wait to move into our new home. AN, Dubai
Answer: When a tenant indicates his/her intentions to vacate on a specific day, either verbally or in writing, in most cases, this is enough, but circumstances do change and this can entail a change of mind on the part of the tenant.
Your agent is correct to state that the existing contract can stay the same with no need to alter the agreement from the previous owner’s details to yours because, presumably, the rent has been taken into consideration, along with the existing tenant’s deposit, which is now held by you. Basically, everyone knows who is who.
Your second point is less black and white, unless of course the notice of vacating is sent via notary public.
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Given your new tenant is prepared to put in writing and have it notarised that he will vacate by the end of his tenancy agreement (February 28, 2024), you have nothing to worry about.
If his circumstances do change, this becomes his problem and he must still vacate by the stated date.
If, for whatever reason, he does not vacate, you will have to address this at the Rent Dispute Settlement Committee, where you will be able to show evidence of the notarised document.
So in a nutshell, if a tenant states, either in writing or verbally, that they will move out by a certain date, then change their mind and do not vacate, there is little that you can do about it at that point.
If that notification of vacating, however, is sent via notary public and the tenant changes their mind, they still have to vacate.
If you get it notarised, you have nothing to worry about.
Q: I live in Abu Dhabi. My landlord informed me in a written notice that she wishes to increase the annual rent by 10 per cent, and told me verbally that she will not renew the lease if I do not agree.
Is she legally entitled to not renew the lease? My contract ends in October and it is not registered with the municipality. RM, Abu Dhabi
A: Abu Dhabi rental laws are slightly different from those in Dubai.
As long as the landlord has informed you with at least two months’ notice that she wishes to alter the contract and the rent, she is entitled to the rent increase.
She is not entitled to block your renewal, but you will have to accept the increase, as it is perfectly legal for her to do so.
For further protection, I advise you to register your tenancy contract with the municipality, as this is a requirement.
Mario Volpi is the sales director at AX Capital. He has worked in the property sector for 39 years in London and Dubai. The opinions expressed do not constitute legal advice and are provided for information only. Please send any questions to m.volpi@axcapital.ae
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