Selling a property does not automatically terminate an existing lease agreement, and to evict a tenant, the owner must follow the procedure established by law.

Selling a rented apartment in Dubai does not in itself mean that the tenant must immediately vacate the property. The emirate's legislation protects the tenant's rights and establishes a specific procedure for cases where the owner intends to sell the property and wants to deliver it vacant.

The key rule is as follows: to evict a tenant due to the sale of a property, the tenant must receive notice at least 12 months before the intended eviction date.

Furthermore, the notice must be served in the proper manner. A simple phone call, email, or instant message is not sufficient to satisfy the legally required procedure.

How much notice must an owner give a tenant

The eviction process is governed by Law No. 33 of 2008, which amended Law No. 26 of 2007 regulating the relationship between landlords and tenants in Dubai.

According to Article 25(2)(d), an owner is entitled to request that the property be vacated upon the expiration of the lease term if they intend to sell it.

To do this, the tenant must be notified of the reason for eviction at least 12 months prior to the date the property is required to be vacated.

The law provides two methods for serving such notice:

• via a notary public;
• by registered mail.

Therefore, if an owner simply informs the tenant of a planned sale and asks them to move out soon, this does not in itself replace the 12-month notice required by law.

Can a tenant be forced to move out before the lease ends

The mere intention to sell an apartment is not grounds for the automatic early termination of an existing lease agreement.

As long as the lease remains in effect, both parties must comply with its terms and all legal requirements.

A landlord's right to request eviction due to a sale is exercised through the procedure outlined in Article 25 of Law No. 33 of 2008, which includes a 12-month notice requirement.

Consequently, the presence of a potential buyer or an ongoing sale process does not mean that the current tenant is required to vacate the property immediately.

Can you sell an apartment with a tenant in it?

Yes. Real estate in Dubai can be sold while a lease agreement is in effect.

In such cases, a change in ownership does not, by itself, terminate the tenant's rights.

This rule is established in Article 28 of Law No. 26 of 2007. According to this provision, the transfer of ownership to another person does not affect the tenant's right to continue using the property in accordance with the agreement signed with the previous owner, provided that the agreement has a fixed date.

In practice, this means that the buyer acquires not only the property but also assumes the existing rental obligations.

What changes for the tenant after the apartment is sold?

If a property is sold while a lease is active, the new owner takes title to the property, but the tenant's existing rights remain intact.

The new owner cannot demand immediate eviction simply because the property has changed hands.

The tenant continues to occupy the property in accordance with the existing lease agreement and applicable law.

If the new owner later wishes to pursue eviction for one of the reasons permitted by law, they must follow the established legal procedure.

How should an eviction notice be issued?

To evict a tenant due to a sale, it is not enough to informally notify them of the owner's intentions.

The notice must state the grounds for eviction and be served at least 12 months before the intended date of vacating the property.

The methods provided by law include notarized notification or registered mail.

Legal notices may also be sent using appropriate services, including Tableegh Legal Notification Services.

It is important for both parties to retain documents confirming the content of the notice, as well as the date and method of delivery, as this information may be significant in the event of a rental dispute.

What a tenant should do upon receiving an eviction notice

If a landlord announces the sale of an apartment and demands that it be vacated, the tenant should first verify:

• whether the current lease agreement is still in effect;
• when the notice was sent;
• how it was delivered;
• what reason for eviction is stated in the document;
• whether the 12-month notice period has been observed.

The presence of these factors is of fundamental importance in determining the rights and obligations of the parties.

If legal requirements have not been met and an agreement cannot be reached with the landlord, the dispute may be referred to the Rental Disputes Center (RDC) in Dubai.

The specific outcome will depend on the circumstances of the case and the documents submitted.

Can a landlord show the apartment to potential buyers?

Selling a property and terminating a lease are two separate processes.

A landlord may decide to put a rented property up for sale, but the mere appearance of a buyer does not cancel the lease agreement or deprive the tenant of their legal rights.

That is why the Dubai secondary market features both vacant properties, ready for handover to a new owner without a tenant, and tenanted properties — real estate sold with an active lease in place.

It is crucial for the buyer to verify the property's status, the terms of the existing lease, and any associated obligations in advance.

What a buyer of tenanted property needs to consider

When purchasing a property with an active tenant, you must evaluate more than just the property price and potential yield.

You should review the current lease agreement, its duration, the rent amount, Ejari details, and any legal notices regarding potential eviction.

If the buyer plans to live in the property or wants a vacant unit, the lease status becomes one of the most critical issues to address before closing the deal.

If the property is being purchased as an investment, having a tenant means the asset is already generating rental income from the moment ownership is transferred. However, the new owner must respect the tenant's existing rights.

What property owners in Dubai need to know

For an owner planning to sell a rented apartment, it is important to determine a transaction strategy in advance.

The property can be sold with the current tenant in place, or you can initiate the legally required eviction process to sell the property as vacant.

In the latter case, you must account for the 12-month notice period and the requirements for how it must be served.

This is especially important when planning the timeline of the sale: an owner's desire to sell an apartment quickly does not override existing lease obligations.

Which laws regulate tenant eviction in Dubai

The primary regulations governing this situation are:

• Law No. 26 of 2007 concerning the regulation of the relationship between landlords and tenants in the Emirate of Dubai;
• Law No. 33 of 2008, which amended Law No. 26 of 2007.

Article 25 governs the grounds and procedures for eviction, while Article 28 establishes the principle that a tenant's rights are preserved when property ownership changes.

Selling an apartment does not mean automatic eviction

The most important thing for both parties to keep in mind is: the decision to sell a property and the termination of a lease agreement are not the same thing.

An owner has the right to sell an apartment while a lease agreement is in effect. The transfer of ownership to the buyer does not automatically cancel the existing lease.

If an owner wishes to proceed with an eviction due to a sale, they must follow the legally prescribed procedure, which includes notifying the tenant at least 12 months in advance in the established manner.

For investors, this is also a key aspect of due diligence when purchasing secondary market property in Dubai. Before closing a deal, it is necessary to determine whether the property is vacant, whether it is currently leased, and whether there are any active notices or disputes between the owner and the tenant.

Note: this material is for informational purposes only and does not constitute legal advice. In the event of a specific rental dispute, it is recommended to obtain a professional legal assessment based on the lease agreement, notices, and other relevant documentation.