Misuse of Eviction for Sale in Dubai: Landlords’ Limits and Tenant Rights
Eviction on the ground of property sale is a narrowly defined exception under Article 25(2)(d) of Dubai Law No. 26 of 2007. Landlords can only evict tenants if there is a genuine intention to sell the property and the tenant is given at least 12 months’ notice through notary public or registered mail. Any other use of this eviction right, such as transferring property by gift or re-leasing immediately after eviction, is considered unlawful and constitutes abuse of rights under Article 106 of the UAE Civil Transactions Law.
Case Overview: Landlord Misuses Eviction for Sale
In a recent decision, the Dubai Rental Dispute Resolution Centre (RDSC) ruled in favour of a tenant who was wrongfully evicted. The landlord had issued a legal notice citing intended sale of the property. The tenant vacated the premises in good faith, but the property was not sold, instead ownership was transferred by gift and subsequently re-leased.
The court emphasised that eviction for sale must serve its legal purpose, and any diversion from this -- like re-leasing or gifting the property -- amounts to misuse of eviction rights.
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