UAE Property: Can I Avoid Serving an Eviction Notice If My Tenant Agrees to Vacate?

UAE Property: Can I Avoid Serving an Eviction Notice If My Tenant Agrees to Vacate?

In the dynamic world of real estate, it’s not uncommon for property owners to face situations where they wish to move into their newly acquired homes but have tenants currently residing on the premises. Understanding the legalities and rights involved in such scenarios is crucial for a smooth transition. In this blog post, we will address a common query from property owners in Dubai regarding eviction notices and tenant agreements. Specifically, we’ll explore whether a notarized document stating the tenant’s willingness to vacate at the end of the current rental contract period can serve as a legally binding agreement.

The Situation

Imagine you have recently purchased a house in Dubai to be used as your family home. The property is currently occupied by a tenant under a rental contract in the previous owner’s name. To simplify matters, your agent suggests keeping the existing contract in the previous owner’s name rather than drawing up a new one. The tenant has agreed to vacate the property at the end of the current rental contract, which is scheduled to conclude on February 28, 2024. Now, the question arises: Can you avoid serving an eviction notice if the tenant agrees to vacate through a notarized document?

Understanding the Legal Implications

In most cases, when a tenant expresses their intention to vacate on a specific day, whether verbally or in writing, it is generally considered sufficient. However, circumstances can change, leading tenants to alter their decisions. To address your concern, let’s consider the legal implications and the effectiveness of the notarized document in ensuring the tenant’s compliance with the agreed-upon vacating date.

The Role of the Notary Public

Your agent’s suggestion to involve a notary public in the process adds an extra layer of legality and enforceability to the agreement. If the tenant is willing to put their commitment in writing and have it notarized, stating their intent to vacate by the end of their tenancy agreement (i.e., February 28, 2024), you can be assured that the document holds significant weight.

Enforcement and Potential Challenges

While the notarized document strengthens your case, it’s important to recognize that circumstances can still change, and tenants may have a change of heart. In such instances, if the tenant fails to vacate the property as agreed upon, you will have to address the situation with the Rent Dispute Settlement Committee. This committee serves as a platform where you can present the notarized document as evidence of the tenant’s initial commitment.

Essentially, if a tenant declares their intention to move out by a specific date, whether in writing or verbally, but later changes their mind and does not vacate, you may have limited options at that point. However, when the notice of vacating is sent via a notary public, the tenant is still obligated to adhere to the agreed-upon date.

The Importance of Notarization

By choosing to notarize the agreement, you enhance its legal standing and increase your chances of a favorable outcome. A notarized document provides a higher level of certainty and serves as a powerful tool to protect your rights as a property owner.

Conclusion

In the realm of real estate, navigating the intricacies of tenant agreements and eviction processes is crucial for property owners in Dubai. When faced with the situation of wanting to move into your newly acquired property while the tenant occupies it, seeking clarity on the legalities is essential. By involving a notary public and having the tenant sign a document stating their commitment to vacate at the end of the current rental contract period, you can bolster your case and increase the likelihood of a smooth transition. Remember, in case of any disputes, the Rent Dispute Settlement Committee

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