Article 28 of Dubai Tenancy Law: Does the Tenancy Survive a Sale?
Article 28 answers one of the most common questions in Dubai rentals: what happens to a tenant when the property is sold. The short answer is that the tenancy does not end — the lease is attached to the property, not to the owner, so it survives the sale and passes to the buyer. This page explains the article in plain terms: what it actually says, what it means for a landlord and for a tenant, how it interacts with the eviction rules, and where the Rental Disputes Centre fits in when the two sides disagree.
- Under Article 28 the lease survives a sale — the buyer inherits the running contract for its remaining term
- The tenant's consent is not needed for the sale, and the buyer cannot reopen the contract because they are new
- A sale is not a during-term eviction ground; recovering the property to sell empty is an on-expiry route under Article 25
- A disagreement over the sale's effect is decided by the Rental Disputes Centre, not by the seller or the buyer
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What Article 28 provides
Under Article 28 of Dubai's tenancy law, selling a rented property does not end the tenancy: the transfer of ownership to a new owner does not affect the tenant's right to keep occupying the property, and the existing lease continues and binds the new owner for the rest of its term.
The relationship between landlords and tenants in Dubai is governed by Law No. 26 of 2007 as amended by Law No. 33 of 2008. Article 28 sits among the rules that keep a tenancy stable, and it deals with a single but important event: the property changing hands. Its message is that a lease is attached to the property, not to the person who happens to own it — so a sale moves the ownership without disturbing the tenant.
In practice this means a tenanted property is fully sellable, and it is sold with the tenant in place. The buyer does not receive an empty property; they inherit the running contract along with the keys. The rent, the term, the deposit and every other agreed condition carry over unchanged. What changes is only the person who now collects the rent and answers for the landlord's duties.
This article is often confused with the eviction rules, because an owner who wants to sell empty must recover the property first. That is a different path with its own long notice, covered by Article 25, and it applies only when the contract expires. This page keeps the two apart and explains exactly what Article 28 does — and what it does not do.
Article 28: what the text actually provides
In substance, Article 28 provides that the transfer of ownership of the leased property to a new owner does not affect the tenant's continued right to occupy it for the remainder of the term. The contract is not tied to the identity of the landlord; it runs with the property itself. When ownership passes, the lease passes with it, and the new owner steps into the seller's position as landlord — with the same rights and the same obligations — for whatever remains of the term.
Nothing needs to be re-signed for the lease to bind the buyer — it binds by force of law. The tenant's consent is not required for the sale to go ahead, and the buyer's arrival does not reopen the contract for renegotiation. For a tenancy to be recognised and protected in this way, it should be a written contract registered with RERA through Ejari; the Centre asks for a copy of the registered lease when a case is filed.
What Article 28 changes, and what it leaves untouched
The practical effect is easiest to see as a short list of what stays the same. The rent stays as agreed; a sale creates no fresh right to raise it mid-term. The term stays fixed; the contract does not restart or shorten because ownership moved. The security deposit the tenant paid remains secured and, under Article 20, its balance is refundable at expiry after any maintenance deductions. The landlord's duties — maintenance during the term, not impairing the tenant's use, and not cutting off utilities — pass in full to the new owner.
What actually changes is administrative: the identity of the landlord, the party who receives the rent, and the Ejari and payment details, which are updated to the new owner after the transfer completes at the Dubai Land Department. From the tenant's daily point of view, life in the property continues exactly as before — the same home, the same rent, the same rights.
The one thing a sale can eventually lead to is a lawful recovery of the property — but only at expiry, only on a valid ground, and only with the correct notice. Wanting to sell the property empty is itself one of those grounds, and it is handled entirely under Article 25(2), not under Article 28. Article 28 governs the ordinary case: the property is sold and the tenant simply stays.
Article 28 from each side
The owner's side (seller and buyer)
- A tenanted property can be sold at any time; the tenant's consent is not needed
- The buyer inherits the running lease and becomes landlord for the rest of the term
- The buyer collects the rent and takes over the landlord's duties and the deposit position
- The buyer cannot raise the rent or change terms mid-term just because they are new
- To obtain a vacant property, the owner must use the on-expiry route under Article 25
The tenant's side
- A change of owner does not end your lease or shorten your stay
- You keep occupying under the same contract, rent and terms until the term ends
- You pay the same rent to whoever now stands as landlord, once the details are updated
- You are not a guest of the buyer who can be asked to leave at will
- Any lawful recovery to sell needs a 12-month notice tied to expiry, not an instant demand
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A sale is not a ground to evict during the term
The grounds to evict a tenant while the contract is still running, under Article 25(1), form an exhaustive list, most of them based on a breach — for example non-payment within thirty days of the landlord's notice to pay, subletting without written consent, illegal use, or serious damage. Selling the property is not on that list, so a buyer cannot demand mid-term possession simply because ownership changed hands. Recovering a property in order to sell it empty belongs to the separate on-expiry grounds in Article 25(2); it takes effect only at expiry and needs at least twelve months' notice served through a Notary Public or by registered mail. Keeping Article 28 and Article 25 apart is the single most important step in avoiding a dispute on this topic.
How Article 28 works in real situations
An owner sells a leased apartment with seven months left on the contract.
What is usually neededThe buyer takes the apartment subject to the lease under Article 28. The tenant stays on the same rent and terms for the remaining seven months and pays rent to the new owner once the Ejari and payment details are updated. Nothing about the sale shortens the contract or forces the tenant out.
A tenant receives a message that the flat has been sold and they must leave within thirty days.
What is usually neededA change of owner is not a lawful ground to evict during the term. The tenant can keep occupying under Article 28. Any lawful recovery to sell would need the twelve-month on-expiry notice, not a thirty-day demand — and the tenant is entitled to ask on which lawful ground and with what notice.
A buyer wants the villa empty so they can live in it or resell it vacant.
What is usually neededThat requires the on-expiry route: a valid Article 25(2) ground and a twelve-month notice served by Notary Public or registered mail, timed to the expiry date. The lease still runs, and the rent is still due, until that eviction date; the purchase does not shortcut the notice.
The seller had already served a valid 12-month sale notice, then sold during the notice year.
What is usually neededThe tenant keeps occupying and paying rent through the notice period regardless of the further sale. Whether the recovery ultimately holds depends on the notice being valid and the ground genuine; a dispute over it is decided by the Rental Disputes Centre, not by either owner.
Documents that protect each side when a rented property is sold
- The written tenancy contract, registered with RERA through Ejari and kept current
- Proof of the rent paid and the security deposit, with dates and receipts
- The title-transfer record from the Dubai Land Department confirming the new owner
- Updated Ejari and payment details in the new owner's name after the transfer
- Any notice already served, with its date and how it was delivered
- For an on-expiry recovery to sell: the 12-month notice and its notary or registered-mail record
Questions and answers
No. Under Article 28 the lease survives the sale, so you keep occupying the property under the same contract until the term ends. The buyer becomes your landlord for the remaining term and inherits the rent, the deposit and the landlord's duties. A change of owner is not, by itself, a ground to evict you.
No. The sale is a transaction between the seller and the buyer, and the tenant is not a party to it. Your consent is not needed for ownership to transfer, and equally the sale cannot be used to reopen or renegotiate your contract. The lease binds the new owner automatically, by force of law.
No. Selling is not among the nine exhaustive during-term eviction grounds in Article 25(1). The new owner is bound by the running lease. Any lawful recovery to sell can only happen on expiry, on the Article 25(2) sale ground, with a twelve-month notice.
Not during the term. The agreed rent stands until renewal. At renewal, any increase is limited by Decree No. 43 of 2013 against the Dubai rent index and must follow the 90-day notice to vary the terms — exactly the same rules that bound the previous owner. A sale creates no new right to raise the rent.
Your right to the deposit is preserved. Under Article 20 the deposit secures maintenance and its balance is returned at expiry after any deductions. Sellers and buyers usually settle the deposit between themselves so your right is not affected; keep your receipt and the Ejari record showing what you paid.
You pay the same rent to the new owner once ownership and the Ejari details are updated. If a dispute is running, Article 31 requires you to keep paying rent until a final award is issued and executed. Stopping rent because the property was sold usually weakens your position rather than protecting it.
Where MANJAZ fits in
MANJAZ is a publisher and service provider, not a court and not a law firm, and it never guarantees a particular result. What we do is practical: review the tenancy file and any notice against Article 28 and Article 25 of the tenancy law, help a seller, a buyer or a tenant prepare and organise the documents they need, arrange certified and legal translation where the file must move between Arabic and other languages, and follow up procedures at the Rental Disputes Centre.
Whether you are selling a tenanted property, buying one and want to understand what you are inheriting, or a tenant unsure whether a sale affects your stay, the value is in getting the details right early: the correct effect of Article 28, the correct route if vacant possession is wanted, the correct notice and channel of service, and a clean record. Small errors at the notice or contract stage are what most often decide a case later.
Official sources
- Dubai Legislation — Law No. 26 of 2007 (landlord & tenant) — original text; Arts 2, 3, 4, 9, 13, 14, 15, 25, 26, 29, 36 amended by Law 33/2008
- Dubai Legislation — Law No. 33 of 2008 amending Law 26/2007
- Dubai Legislation — Decree No. 43 of 2013 (rent increase)
- Dubai Legislation — Decree No. 26 of 2013 (Rental Disputes Centre)
- Rental Disputes Centre — About the Centre
This content is for general information and awareness. It is based on the legislation and official sources available at the time of the last review, and procedures may differ according to the facts of each case and updates issued by the competent authorities. It is not legal advice, and MANJAZ is the publisher of this explanation, not the authority that issued the legislation.
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