Selling a Rented Property in Dubai: Tenant and New-Owner Rights
In Dubai, selling a property does not evict the tenant living in it. Under Article 28 of the tenancy law the lease survives the change of ownership: the buyer steps into the seller's place and inherits the running contract for the rest of its term. A sale is not one of the grounds to evict a tenant during the term, and recovering an empty property in order to sell it is available only at expiry, and only with at least twelve months' formal notice. This page sets out what the sale changes, what it does not, and the rights of both the tenant and the new owner.
- The lease survives the sale under Article 28 — the buyer inherits the running contract
- A sale is not a during-term eviction ground: the tenant cannot be removed just because the owner changed
- Recovering the property to sell is an on-expiry ground needing 12 months' notarised or registered notice
- Disputes are decided by the Rental Disputes Centre, not by the seller or the buyer
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What happens to the tenancy when the property is sold
When a rented property in Dubai is sold, the tenancy continues unchanged: Article 28 of the tenancy law provides that transferring ownership to a new owner does not affect the tenant's right to keep occupying the property, and the existing lease 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. A sale is a transaction between the old owner and the new owner; the tenant is not a party to it and is not weakened by it. The person who receives the rent and answers for the landlord's duties simply changes. The rent, the term, the deposit and every other term of the registered contract carry over exactly as they were.
Two beliefs cause most of the disputes on this topic. The first is that a buyer can move a tenant out because the property has just changed hands — it cannot; a sale is not among the grounds for eviction during the term. The second is that a landlord who wants to sell vacant can end a live contract early — again, no: recovering the property in order to sell is a ground available only when the contract expires, and only after at least twelve months' formal notice served through a Notary Public or by registered mail.
So a tenanted property in Dubai is perfectly sellable. It is sold with the tenant in place, and the buyer takes it subject to the running lease. This page explains the effect of Article 28, what changes and what does not for both sides, how a landlord may lawfully recover an empty property to sell at expiry, and where the Rental Disputes Centre fits in if the two sides disagree.
Article 28: the lease survives the change of ownership
Article 28 states, in substance, that the transfer of ownership of a property to a new owner does not affect the tenant's right to continue occupying it. The lease is not tied to the identity of the landlord; it runs with the property. When ownership passes, the contract passes with it, and the new owner inherits the seller's position as landlord 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.
Practically, this means the buyer receives the rent for the remaining period, must honour the landlord's obligations under the same contract — maintenance, quiet enjoyment, the return of the deposit at expiry — and is bound by the agreed rent until renewal. The buyer cannot rewrite the deal in the middle of the term simply because they are new. 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 the sale carries over to the new owner
- The running lease
- The existing contract continues for the rest of its term and binds the new owner as landlord. It does not restart, shorten, or convert into a shorter arrangement because the property was sold.
- The agreed rent
- The rent stays as agreed until renewal. Any increase at renewal is capped by Decree No. 43 of 2013 against the Dubai rent index, and must follow the 90-day notice to vary terms — a sale does not create a fresh right to raise the rent mid-term.
- The security deposit
- The deposit the tenant paid secures the tenancy and, under Article 20, its balance is returned at expiry after any maintenance deductions. Sellers and buyers usually settle the deposit between themselves so the tenant's right to it is preserved.
- The landlord's duties
- Maintenance during the term, not impairing the tenant's use, and not cutting off utilities all pass to the new owner. The tenant's day-to-day rights are exactly what they were before the sale.
- The Ejari registration
- The registered tenancy record is the evidence of the contract that survives the sale. Keeping the Ejari-registered contract current matters, because the Centre asks for a copy of the registered lease when a case is filed.
For the tenant: your rights do not shrink because the owner changed
If you are a tenant and you learn the property has been sold, your position is protected. You keep occupying under the same contract, you owe the same rent to whoever now stands as landlord, and you cannot be treated as a guest of the buyer who may be asked to leave at will. The new owner has bought the property together with your lease. Continue paying the rent as it falls due — now to the new owner once ownership and the Ejari details are updated — and keep your registered contract and payment records safe.
A sale does not, by itself, entitle anyone to raise your rent, change your terms, or shorten your stay. If the new owner wants a higher rent, that can only be proposed for the next renewal, within the Decree 43 cap, and through the 90-day notice — the same rules that would have bound the old owner. If the new owner ultimately wants the property empty in order to sell, or on any other on-expiry ground, that requires the separate twelve-month notice tied to the contract's expiry, not an immediate demand to vacate.
For the new owner: you step into the landlord's shoes
If you buy a tenanted property, you are buying it with a tenant and a live contract attached. From the moment ownership passes you are the landlord for the remaining term: you collect the rent, you carry the maintenance and other landlord duties, and you are bound by the agreed rent and terms. Before you buy, it is prudent to review the Ejari-registered contract, the expiry date, the rent, the deposit position, and any notices that have already been served, so you know exactly what you are inheriting.
What you cannot do is treat the purchase as a reset. You cannot raise the rent outside the renewal rules and the Decree 43 cap, you cannot vary the terms except through the 90-day renewal notice, and you cannot remove the tenant during the term just because you are the new owner. If your aim is a vacant property — whether to live in it, to carry out works, or to sell it on empty — you must use the correct on-expiry ground with a twelve-month notice, exactly as any landlord would. A sale to you does not shortcut that path.
Two very different situations: selling with a tenant vs recovering to sell
Selling the property with the tenant in place
- Governed by Article 28: the lease survives and binds the new owner
- The tenant stays on the same rent and terms for the rest of the term
- No notice to the tenant is needed to complete the sale
- The buyer collects rent and takes over the landlord's duties
- This is the ordinary way a tenanted property changes hands
Recovering the property empty in order to sell
- An on-expiry eviction ground under Article 25(2), not a during-term ground
- Requires at least 12 months' notice stating the sale reason
- Notice must be served by a Notary Public or by registered mail
- The tenancy continues, and rent stays payable, until the eviction date
- A disagreement is decided by the Rental Disputes Centre
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Common questions on a tenanted sale, and where the law answers them
| The question | What the law provides | Where it sits |
|---|---|---|
| Does the sale end my tenancy? | No. The lease survives and binds the new owner for the remaining term. | Article 28 |
| Can the buyer evict me during the term because they bought it? | No. A sale is not one of the breach-based during-term eviction grounds. | Article 25(1) |
| Can a landlord recover the property to sell it empty? | Yes, but only on expiry, on the sale ground, with a 12-month notice. | Article 25(2) |
| How must that 12-month notice be served? | Through a Notary Public or by registered mail, at least 12 months ahead. | Article 25(2) |
| Do I keep paying rent while a dispute is running? | Yes. Rent stays due until a final award is issued and executed. | Article 31 |
A sale is not a during-term eviction ground
The grounds to evict a tenant during a running contract, under Article 25(1), are mostly based on a breach — for example non-payment within thirty days of a formal notice, subletting without written consent, illegal use, or serious damage. Selling the property is not on that list. That is why a buyer cannot demand mid-term possession simply because ownership changed. Recovering the property in order to sell belongs to the separate on-expiry grounds in Article 25(2), and even then it needs the full twelve-month notice served through a Notary Public or by registered mail, and it takes effect only at expiry.
How a sale with a sitting tenant usually runs
Review the tenancy before sale
The seller and prospective buyer review the Ejari-registered contract: the rent, the term and expiry, the deposit, and any notice already served. This shows exactly what the buyer will inherit.
Complete the transfer at the DLD
Ownership is transferred through the Dubai Land Department. The property changes hands together with the running lease; the tenant is not a party to the transfer.
The lease continues with the new owner
Under Article 28 the buyer becomes the landlord for the remaining term, inheriting the rent, the terms and the landlord's duties. The tenant's occupation is undisturbed.
Update Ejari and payment details
The Ejari record and the details for paying rent are updated to the new owner. The tenant then pays the same rent to the new landlord as it falls due.
If the buyer wants it empty: the on-expiry route
A buyer who ultimately wants vacant possession must rely on a valid on-expiry ground and serve the twelve-month notice by Notary Public or registered mail, tied to the expiry date.
The Rental Disputes Centre if there is a dispute
If the sides disagree — over the lease continuing, the rent, or a notice — the matter goes to the Rental Disputes Centre: conciliation first, then a committee, with appeal and execution stages.
Common mistakes on a tenanted sale
The mistakeAssuming a sale automatically evicts the tenant.
The fixArticle 28 keeps the lease alive; the buyer inherits it. Removing the tenant needs a lawful ground and the correct notice, not just a change of owner.
The mistakeA buyer demanding the tenant leave immediately after purchase.
The fixA sale is not a during-term ground under Article 25(1). To recover the property to sell it empty, the on-expiry route with a 12-month notice applies.
The mistakeRaising the rent mid-term because there is a new owner.
The fixThe rent stands until renewal; any increase then is capped by Decree 43 of 2013 and needs the 90-day notice to vary terms.
The mistakeServing the sale eviction notice by email or WhatsApp only.
The fixArticle 25(2) requires service through a Notary Public or by registered mail; informal channels are commonly challenged as improper service.
The mistakeA tenant stopping rent after learning the property was sold.
The fixRent stays due to the current landlord; under Article 31 it must be paid even during an eviction case until a final award is executed. Non-payment weakens the tenant.
How this plays out in practice
An owner sells a leased apartment with eight 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 eight months; nothing about the sale shortens the contract or forces the tenant out.
A buyer wants the villa empty so they can resell it vacant later.
What is usually neededThat requires the on-expiry route: a valid ground and a twelve-month notice served by Notary Public or registered mail, timed to expiry. The lease still runs, and rent is still due, until that eviction date.
A tenant receives a message that the flat is sold and they must vacate within a month.
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 one-month demand.
A landlord served a valid 12-month sale notice, then sold to a buyer during the notice year.
What is usually neededThe tenant keeps occupying and paying rent through the notice period. Whether the recovery holds depends on the notice being valid and the ground genuine; a dispute over it is decided by the Rental Disputes Centre.
Documents that protect each side in a tenanted sale
- 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
- Any notice already served, with its date and how it was delivered
- For an on-expiry recovery: the 12-month notice and its notary or registered-mail record
- Emirates ID or trade licence of the parties, kept ready for any RDC filing
The property was sold — the tenancy did not end
What we prepare
Tenancy contracts and addenda, legal notices for notarisation and service, statements of claim and their annexes, evidence bundles, payment and cheque records, and judgment and execution papers.
Arabic is not optional
Proceedings before the Centre are in Arabic. A contract, notice or receipt in any other language is filed with a legally recognised Arabic translation — which is the work MANJAZ is accredited to do.
Free review, free quote
Reviewing your file and quoting for the work are both free. The Centre charges a registration fee of 3.5% of the annual rent, with a minimum of AED 500 and a maximum of AED 20,000 — that fee is paid to the Centre, not to MANJAZ. Our own quote is given once we have seen the file.
The language your documents are in
Arabic and English are the core pair, with 21 documented languages in all — so a tenancy contract, notice or receipt in any of them can be put into the Arabic the Centre requires.
Handled remotely
Documents are sent, reviewed and returned electronically — there is no counter to attend and no appointment to keep for the preparation and translation work. Where a step genuinely requires you in person, such as a notary attendance, we say so and tell you what to bring.
Before you file
Most rental cases are lost on the paperwork, not the merits — a notice served the wrong way, a contract that was never registered in Ejari, a deadline that had already run. We check those first, because they cannot be fixed afterwards.
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Reviewing your file and telling you what it needs costs nothing and commits you to nothing. MANJAZ Corporate & Translation Services L.L.C. — a Dubai practice that prepares documents and provides legal translation under UAE Ministry of Justice accreditation. On Dubai rental disputes we also give legal consultation, act for you, and represent you before the Rental Disputes Centre committees. MANJAZ is not a court and not a government body, and never guarantees an outcome.
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Questions and answers
The waiting period is tied to the ground, not to the change of owner. The Article 26 re-letting bar — two years for residential property, three for non-residential — attaches to an eviction for the owner's or a first-degree relative's personal use under Article 25(2)(c); it does not attach to the sale ground. An owner who lawfully recovers the property on that ground is therefore not held to that period. What does not change is the route: recovery when the tenancy expires still needs the written twelve-month notice served through a Notary Public or by registered mail, and a sale on its own is not a ground to evict during the term.
No. Under Article 28 the lease survives the sale, so you keep occupying the property under the same contract. The buyer becomes your landlord for the remaining term and inherits the rent and terms. A change of owner is not, by itself, a ground to evict you.
No. Selling is not among the during-term eviction grounds in Article 25(1), which are all breach-based. The new owner is bound by the running lease. Any lawful recovery to sell can only happen on expiry, with a twelve-month notice.
Yes, but only at expiry and only through the on-expiry route. Sale is one of the four Article 25(2) grounds, and it requires a notice served at least twelve months before the eviction date, through a Notary Public or by registered mail. It cannot end a running contract early.
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 terms — the same rules that bound the previous owner.
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; you should keep your receipt and the Ejari record showing what you paid.
Yes, you keep paying the same rent as it falls due, now to the new owner once ownership and the Ejari details are updated. If a dispute is running, Article 31 requires you to keep paying until a final award is issued and executed; stopping rent usually harms your position.
The tenancy continues and rent stays due throughout the notice period regardless of a further sale. Whether the recovery ultimately holds depends on the notice being valid and the ground genuine. If you disagree, the Rental Disputes Centre decides, not the landlord.
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 Articles 28 and 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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