Dubai: 12-Month Eviction Notices.
Dubai Eviction Notices After Sale: Can a Buyer Rely on the Seller’s 12-Month Notice?
By Gareth Davies, Award-Winning Property Consultant
This is one of the most important — and most misunderstood — issues in Dubai landlord and tenant law.
According to Dubai Law No. 26 of 2007 (amended by Law No. 33 of 2008), landlords must follow specific procedures when requesting a tenant to vacate:
12-Month Notice Period: Landlords are required by law to provide at least 12 months' written notice prior to the intended eviction date.
Valid Reasons for Eviction: A notice is only valid if it cites specific legal grounds, such as:
Sale of the property.
Personal use by the landlord or their next of kin of the first degree (provided they do not own a suitable alternative).
Demolition or comprehensive renovation that cannot be completed while the tenant is in residence.
Official Delivery: The notice must be served officially through a Notary Public or via registered mail. Delivery via informal methods like WhatsApp is generally not considered legally binding in court.
Tenant Rights: If a landlord evicts a tenant for personal use but then re-lets the property within two years (for residential) or three years (for non-residential), the tenant may be entitled to compensation through the Rental Dispute Centre (RDC).
However, since 2023 there has been growing discussion in the market, and in reported RDC cases, that some judges have treated an eviction notice as attaching to the property rather than only to the original landlord who served it. Reporting in The National in 2024 and 2025 suggests that, in some cases, judges have allowed a buyer to rely on a 12-month notice previously served by the seller. That reported trend is important, but it should still be treated with caution because UAE tenancy disputes are not governed by a strict binding-precedent system in the same way as some other jurisdictions. (The National)
In other words, the practical position appears to be evolving, but the statutory wording remains the same.
What the law clearly says.
The law clearly provides that:
a landlord may seek eviction on expiry if the owner wishes to sell the property;
the tenant must be given at least 12 months’ notice; and
that notice must be served through a Notary Public or by registered mail. (dlp.dubai.gov.ae)
The law also clearly says that a sale of the property does not by itself cancel the tenant’s fixed-term right to remain in occupation. Article 28 states that transfer of ownership does not affect the tenant’s right to continue occupying the property under a fixed-term tenancy entered into with the previous owner. (dlp.dubai.gov.ae)
Where the uncertainty begins.
The uncertainty begins when:
the seller has already served a valid 12-month notice on the tenant for sale, and
the property is then sold before the notice period expires.
Historically, many landlords and advisers took the view that the buyer had to serve a fresh 12-month notice. More recently, reported court outcomes suggest that some judges have accepted that the earlier notice can remain valid after the sale. But this appears to be a matter of judicial interpretation rather than a new statutory amendment. (The National)
That is why this issue should not be stated too absolutely on a website. It is better to say that there is now a reported trend towards transferability in some cases, rather than saying transferability is guaranteed in all cases.
What official public guidance currently suggests.
This is where caution is especially important.
The official RDC FAQ currently states that if an apartment is sold and the new owner wishes to vacate the rented property, they must send a legal notice in accordance with the law. DLD’s FAQ also says that if the new owner, or the new owner’s relative, wants to live in the property, the new owner should ask the landlord in writing to serve notice to the current tenant. Those published FAQs do not clearly say that every valid notice automatically transfers to the buyer. (rdc.gov.ae)
One important correction: the 2-year rule
A point that is often misunderstood is the restriction on re-letting.
Article 26 says that where possession is recovered for personal use under Article 25(2)(c), the landlord may not re-let the residential property to a third party for at least 2 years. That specific restriction does not appear in the law for eviction based on sale under Article 25(2)(d). So it is not correct to state, as a general rule, that an investor buyer who benefits from a sale-based notice is automatically prohibited by Article 26 from re-letting for 2 years. (dlp.dubai.gov.ae)
The practical takeaway.
The safest practical view is this:
A properly served 12-month notice for sale remains legally important after the property is sold.
There is a reported trend in some RDC cases towards allowing the buyer to rely on that earlier notice.
But there is no clear published statutory amendment saying that all such notices are automatically transferable in every case.
Official public FAQs still suggest that a new owner may need to serve a legal notice in accordance with the law.
If the tenant challenges the notice, the final decision will rest with the RDC and the judge hearing the case. (dlp.dubai.gov.ae)
Guidance only.
The above is provided as general guidance only. Because judges may interpret the facts differently, and because public official guidance and reported case trends are not perfectly aligned, landlords, buyers, sellers, and tenants should seek advice from a UAE lawyer experienced in Dubai landlord and tenant law and, where appropriate, consult the RDC directly. (rdc.gov.ae)
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