# Buying a tenanted apartment in Dubai: the lease, the deposit, cheques, Ejari and the 12-month notice

> What happens to the lease when ownership changes under Laws 26/2007 and 33/2008: tenant deposit and cheques, new Ejari, the 12-month eviction notice, RERA index and RDC fees. Buyer guide, October 2026.

Page: https://continentalclub.ae/articles/buying-tenanted-apartment-dubai/ · updated 2026-10-27 · Continental Club Property LLC, Dubai real estate brokerage, RERA ORN 31933

Information is current to October 2026. Buying a tenanted apartment in Dubai is legitimate: the sale does not end a fixed-term lease, and you become the landlord with the previous owner’s obligations. You cannot move in immediately simply because you bought the property; for sale or personal use, eviction is normally sought at the end of the lease with 12 months’ notice served through a notary public or registered post. The deposit, rent cheques, Ejari status, service-charge debt and any eviction notice must be checked and allocated in the sale documents before transfer.

## What happens to the lease after the apartment is sold

A tenant remaining in the apartment on transfer is lawful. Article 28 of Dubai Law No. 26 of 2007 states that transferring ownership does not affect a tenant’s right to continue occupying a property under a fixed-term lease entered into with the previous owner.

Law No. 33 of 2008 expands the definition of “landlord” to include a person to whom ownership transfers during the lease term. In practical terms, the buyer takes the seller’s place. The lease does not reset, and the buyer does not get a new right to raise the rent outside the statutory rules, increase the deposit or require the tenant to leave merely because ownership changed.

This is the main distinction between a vacant resale apartment and a tenanted one. A vacant apartment may be suitable for a buyer who plans to live there after transfer. A tenanted apartment may suit a buyer who wants rent from the first day, but the buyer accepts the existing contract and its timing.

Before committing to a resale purchase, compare the unit’s rent, lease-expiry date and contractual conditions with recent transactions in the same area. The [Dubai area pages with DLD prices and transaction data](/location/) can help place the asking price in context. In 2026, purchase and rental conditions differ by location, and a current rent should not be treated as proof that the same rent can be achieved at the next renewal.

A tenant may remain after the written term expires if the landlord does not object. A buyer should establish whether the current agreement is still within its fixed term, whether a renewal notice has been exchanged, and whether there is any pending dispute.

## Why some buyers choose a tenanted apartment

The immediate advantage is that the property produces contracted rent from the transfer date rather than standing vacant while a new tenant is found. The existing payment record may also give the buyer a real example of how the apartment has been rented, rather than relying only on an advertised rent.

The limitations are equally real. You may not be able to occupy the apartment when you wish. The existing rent may be lower than the level you expected, and the rent cannot be increased outside the statutory framework simply because the owner has changed. The tenant may also have paid by cheques issued to the seller, which requires a documented arrangement before or at transfer.

A tenanted purchase is usually clearer where the buyer’s intention is investment and the buyer is comfortable taking over the lease until its proper expiry or lawful termination. If your non-negotiable condition is moving in on a specific date, a vacant property may be more suitable unless the tenant’s actual departure is documented and completed before transfer. A verbal statement that a tenant “has to leave” is not enough by itself.

For the wider resale sequence, including title transfer and document preparation, see [how to buy a ready property in Dubai](/articles/how-to-buy-a-ready-property-in-dubai/). A broker can explain the transaction process and help review the commercial documents, but a broker does not provide a legal opinion on the enforceability of a lease or notice.

## The 12-month eviction notice: sale, personal use and limits

A buyer cannot terminate a valid fixed-term lease early merely because the property has been purchased. Article 28 of Law No. 26 of 2007 protects the tenant’s right to continue under the lease.

Under Article 25(2) of Law No. 33 of 2008, a landlord may seek eviction after the lease expires in specified circumstances. They include an intention to sell the property and an intention to repossess it for the landlord’s own use or the use of first-degree relatives. The notice must state the reason and be served at least 12 months before the intended eviction date through a notary public or registered post.

The 12 months are not the same as the 90-day notice period for changes to rent or other lease terms. The 90-day rule applies to a proposed change of rent or other lease terms before expiry, unless the parties agreed otherwise. It does not replace the statutory 12-month requirement for eviction under Article 25(2).

If the stated reason is personal use, Article 26 restricts the landlord from renting the residential property to a third party for at least two years after repossession. A former tenant may seek compensation where the rule is breached. This is why a personal-use notice should not be used as a shortcut to obtain a vacant unit for a new tenant.

Buyers often ask whether a notice served by the seller automatically transfers to them. The law does not contain a direct rule that resolves this point. Legal commentary differs on how decisions have been handled in individual cases. Where the buyer’s intended purpose differs from the seller’s stated purpose, the cautious practical approach described by legal practitioners is to issue a new notice after transfer. If this point affects your planned move-in date or the price you are willing to pay, obtain advice from a Dubai-qualified lawyer before signing.

For the formal notice route, documentation and RDC process, see [how to evict a tenant in Dubai: 12-month notice and RDC](/evict-tenant-dubai-landlord-guide/). Eviction is a regulated procedure, not a step that can be achieved by changing locks, disconnecting services or preventing access.

## If the tenant does not pay rent

Non-payment is a different situation from eviction for sale or personal occupation. Article 25(1) of Law No. 33 of 2008 permits a landlord to seek eviction before lease expiry where the tenant fails to pay rent within 30 days after receiving a notice to pay.

The notice should be served through a notary public or registered post. If payment is not made within the stated 30-day period, the landlord may bring a claim before the Rental Disputes Center. Filing a claim is a separate step from the payment notice.

It is therefore inaccurate to assume that a defaulting tenant can be removed immediately, but it is also inaccurate to assume that the owner has no remedy. The legal route has defined stages: written notice, the 30-day payment period, a claim where necessary, and execution of an order.

For a tenancy dispute involving eviction, rent recovery, renewal or termination, the RDC filing fee is 3.5% of annual rent, subject to a minimum of AED 500 and a maximum of AED 20,000. For execution of an eviction order, the fee is 1% of annual rent, capped at AED 5,000, plus AED 100 for service. An appeal period is 15 days from the decision; the procedural rules can differ for judgments issued in absentia.

No standard overall duration for an RDC case has been identified. It depends on the claim, service, documents, responses and execution. A buyer should not budget on the assumption that a dispute will be resolved by a particular date.

## Deposit, rent cheques and money received by the seller

Article 20 of Law No. 26 of 2007 allows a landlord to collect a security deposit to cover maintenance at the end of the lease. The landlord must refund the deposit, or its remaining balance, when the tenancy ends.

The law sets out the landlord’s obligation to the tenant, but it does not prescribe how a deposit moves from seller to buyer on a property sale. That gap matters. If the tenant paid the deposit to the seller and the buyer later becomes landlord, the tenant may expect the buyer to deal with the refund at the end of the lease.

For that reason, the sale documentation should state the deposit amount, whether the seller has received it, and how it is settled between seller and buyer on the transfer date. The amount can be credited in the completion settlement if the sale documents say so, but there is no statutory transfer mechanism for this arrangement. The wording should be checked by a qualified legal adviser if the amount or circumstances are disputed.

Do not assume that the tenant must pay a second deposit to the buyer. The DLD guidance states that a new landlord may not increase the security deposit merely due to the ownership change.

Rent cheques create a separate issue. A cheque may have been issued in the seller’s name for rent periods falling after transfer. No mandatory legal procedure for replacing or reissuing such cheques has been identified. The buyer, seller and tenant should record what will happen to each unpaid cheque: whether it will be replaced, cancelled, collected by the seller and passed on, or dealt with in another agreed manner.

A written schedule should identify cheque number, amount, due date, named payee and whether it has already been deposited. Do not rely on a broker’s verbal confirmation that cheques will “be sorted later.” A broker does not receive, exchange or hold client money. Payments in a resale transaction should follow the formal transfer process, including [payment for Dubai resale property through a trustee office](/resale-property-payment-dubai-trustee-office/).

## Ejari after transfer and the problem of “no Ejari”

Article 4(2) of Law No. 33 of 2008 requires lease contracts and amendments to be registered with RERA through Ejari.

Where ownership changes, the practical process commonly used is cancellation of the existing Ejari and registration of a new Ejari showing the new owner. The available guidance on this transfer process is not a specific statutory rule for every sale, so the appropriate route should be confirmed before completion if documents are incomplete.

Ejari registration through the Dubai REST application or website is charged at AED 100 plus AED 10 knowledge fee and AED 10 innovation fee. Registration at a trustee office is AED 120 plus the service-partner fee. An Ejari cancellation request through Dubai REST is submitted for the owner’s approval. At a service centre, an owner’s NOC may be required; an [NOC and how it is obtained in Dubai](/what-is-an-noc-in-the-uae-and-how-to-obtain-it-when-buying-property-in-dubai/) should be understood before the transfer documents are finalised.

If the seller produces only a private tenancy contract and no Ejari, do not treat that as a minor administrative detail. Ask for the signed lease, evidence of Ejari status, tenant identification details required for registration, rent-payment records and any correspondence about renewal or notices. If the lease cannot be regularised or there is a dispute about its status, the buyer should obtain legal advice before proceeding.

## Rent increases, service charges and operating the apartment from abroad

A new owner can review rent only at renewal and within the applicable rules. Decree No. 43 of 2013 sets maximum increases by reference to the difference between the current rent and the relevant average rent: 0% where rent is up to 10% below the average; 5% at 11–20% below; 10% at 21–30%; 15% at 31–40%; and 20% where it is more than 40% below.

The relevant level must be checked through the DLD rental calculator and the applicable rental index. The Smart Rental Index has affected renewals since 2025, so do not calculate an increase from advertisements or informal comparisons. Notice of a proposed rent or term change must generally be given at least 90 days before expiry unless the parties agreed otherwise. Changing owner does not create a separate right to increase rent outside the index framework.

Rent payment dates are determined by the lease. Check the lease for the cheque schedule.

Service-charge arrears are a purchase due-diligence issue, not a tenant eviction tool. If there are outstanding building charges, obtain the seller’s statement and agree who clears them before transfer. Access cards or building services should not be used to interfere with a tenant’s lawful occupation. Eviction is a regulated procedure.

Service charges also affect the actual cost of holding an investment apartment. Read [how service charges affect Dubai property returns](/articles/what-are-service-charges-in-dubai-and-how-they-impact-your-property-returns/) before comparing a tenanted unit with a vacant alternative. If you will own from outside the UAE, practical collection of rent, cheque tracking, maintenance approval and tenant communication should be planned in advance; [receiving rental income from Dubai property while living abroad](/articles/rental-income-dubai-living-abroad/) explains the operational issues.

## What to check before signing or transferring

| Item | What to obtain and verify | Why it matters |
| --- | --- | --- |
| Lease contract | Signed contract, unit details, rent, payment dates, expiry date, renewal and special clauses. | The buyer assumes the landlord’s position and existing obligations. |
| Ejari | Current Ejari certificate, expiry date and a plan for cancellation and new registration after transfer. | Lease registration with RERA (Ejari) is required by Law No. 33 of 2008, Article 4(2). |
| Security deposit | Written confirmation of amount received, custody and settlement between seller and buyer. | The buyer may otherwise have to refund the tenant from their own funds later. |
| Rent cheques | Schedule of all outstanding cheques, named payee, dates and agreed replacement process. | Cheques made out to the seller do not automatically become payable to the buyer. |
| Arrears | Evidence of paid rent, utilities where relevant, and building service charges. | Outstanding obligations can complicate handover and property operation. |
| Eviction notices | Copy, service method, date, stated reason and tenant response. | Whether a seller’s notice can be relied on by a buyer is disputed and case-specific. |

The purchase costs should be calculated for the actual transaction structure rather than estimated from informal posts. Use the [Dubai property purchase fees calculator](/dubai-property-fees-calculator/) alongside the trustee-office requirements. A broker can assist with property selection, DLD transaction comparisons and document coordination. A lawyer should be engaged where the tenancy, notice, deposit allocation or service-charge liability is contested; a tax adviser or bank should address their respective matters.

## Frequently asked questions

### Can I move into a tenanted apartment immediately after buying it?

No. A fixed-term lease continues after ownership transfer. Occupation becomes possible only if the tenant leaves by agreement, the lease ends without renewal, or a lawful eviction route is completed.

### Does a 12-month eviction notice issued by the seller transfer to me?

Legal commentary differs, and the law has no direct provision resolving this. If your intended use differs from the seller’s stated reason, legal practitioners commonly recommend a new notice. Obtain legal advice before relying on an existing notice.

### Who returns the tenant’s security deposit after the sale?

The landlord must return the deposit or remaining balance when the tenancy ends. Because the law does not prescribe a seller-to-buyer transfer process, the sale contract should allocate the deposit at transfer.

### Can I raise the rent as soon as I become owner?

No. Rent changes are considered at renewal, require the notice set by law (generally 90 days), and must follow the applicable DLD rental calculator and Decree No. 43 of 2013 limits.

### What if the tenant stops paying rent after I buy?

Serve a payment notice through a notary public or registered post. If rent remains unpaid after 30 days, the landlord may file a claim with RDC for eviction and recovery.

### Do I need a new Ejari after ownership transfer?

Lease registration is mandatory. The usual practical route is cancellation of the existing Ejari and registration showing the new owner. Confirm the required process and documents before transfer.

### How much does an RDC tenancy case cost?

For many tenancy claims, filing is 3.5% of annual rent, with a minimum of AED 500 and maximum of AED 20,000. Eviction-order execution is 1% of annual rent, capped at AED 5,000, plus AED 100 for service.

## Discuss a purchase in Dubai

If you are considering a purchase, arrange a free consultation to go through the property, the transaction steps and the documents.

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How to cite: "Buying a tenanted apartment in Dubai: the lease, the deposit, cheques, Ejari and the 12-month notice — Continental Club Property, 2026-10-27, https://continentalclub.ae/articles/buying-tenanted-apartment-dubai/"