# Selling property - does tenant have to cooperate?



## renter1 (Jun 7, 2009)

I am selling an apartment in Dubai. We issued the vacating letter to the tenant a few months ago. 

We would like to put the unit on the market for sale now. Our agent would also like to do an Open House. 

Does the tenant have to cooperate with viewings and the Open House? Do we need to give him notice in advance?

Thanks!


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## Gavtek (Aug 23, 2009)

You need to give notarised 12 months notice at the date of expiration of the current lease via registered mail. If the tenant is aware of his rights, it may not go smoothly for you. He should still have to give you access for viewings with advance notice though, but I don't think he has to cooperate with an open house, and nor should he in my opinion.


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## renter1 (Jun 7, 2009)

Gavtek said:


> You need to give notarised 12 months notice at the date of expiration of the current lease via registered mail. If the tenant is aware of his rights, it may not go smoothly for you. He should still have to give you access for viewings with advance notice though, but I don't think he has to cooperate with an open house, and nor should he in my opinion.


Thanks Gavtek. So you're saying that he does have to cooperate with viewings? Is there any particular notice that we legally need to give before a viewing? 24 hours?


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## twowheelsgood (Feb 21, 2013)

Viewings are at his discretion, not yours in my experience. He can specify times when it suits him. As landlord you don't have the right of access except to check on the state of the property and certainly not with hordes of people in tow.

You cannot have people traipsing through his rented property when you feel like it.

Did you miss the 12 month notarised notice bit ?

You'll have to serve notice first. Then its up to him and you'll need his permission to photograph his contents (assuming its not a furnished apartment)


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## renter1 (Jun 7, 2009)

twowheelsgood said:


> Viewings are at his discretion, not yours in my experience. He can specify times when it suits him. As landlord you don't have the right of access except to check on the state of the property and certainly not with hordes of people in tow.
> 
> You cannot have people traipsing through his rented property when you feel like it.
> 
> ...


We issued the 12 month vacating letter a few months ago, as I mentioned in my first post. But ideally we want to sell the property before then.

It sounds like we just have to hope that he's reasonably cooperative with viewings. It's crazy how much the laws in Dubai favor the tenant these days.


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## twowheelsgood (Feb 21, 2013)

renter1 said:


> It's crazy how much the laws in Dubai favor the tenant these days.


Dubai is bad enough a place to rent given the current attitude of the majority of landlords who think the law doesn't apply to them. The majority of landlords by and large, are unwilling to stick to the law and will try to get out of their obligations at every turn.

You'll find peoples views of you have just taken a plunge given your views.

PS Did you miss the NOTARISED bit - sending a letter isn't enough.


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## renter1 (Jun 7, 2009)

twowheelsgood said:


> Dubai is bad enough a place to rent given the current attitude of the majority of landlords who think the law doesn't apply to them. The majority of landlords by and large, are unwilling to stick to the law and will try to get out of their obligations at every turn.
> 
> You'll find peoples views of you have just taken a plunge given your views.
> 
> PS Did you miss the NOTARISED bit - sending a letter isn't enough.


Not sure why all the hostility? Dubai's tenancy laws seem weighted too far towards the tenant now. I guess you're renting? It's difficult to have perspective unless you're a landlord yourself. 

And yes, the letter was notarized.


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## Froglet (May 7, 2014)

If your tenant is an a-hole he can fully block any viewings. Only in the last month before the tenancy ends (so the last month of the 12 month eviction notice) is he forced to be open for viewings.


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## twowheelsgood (Feb 21, 2013)

No hostility but there very few law abiding landlords out there. 

The law is fine and needs toughening up because too many landlords will lie about what they can do and can ask for. Too many will try it on to in effect, cheat a tenant out of their rights, purely to make money.

I have rented in the UK and Dubai has far more reasonable laws but has to as landlords are far worse.

As a landlord, you should try renting in Dubai and see what landlords are like here - sure you can find the occasional good one but the majority cannot be trusted. And by 'not trustworthy' I mean will try and cheat a tenant out of their rights at any chance they get, for purely personal gain.

It's not personal I assure you. It's not hostility either.


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## Nursemanit (Jul 10, 2015)

So let's get this straight , you signed a contract with your tenant for 1 year and you were paid all of your rent up front. And now because you changed your mind and want to sell the tenant should upend his or her life and be severely inconvenienced to suit your whim. Why would any tenant agree to that?

I love your phrase " do we need to give him notice in advance?" why should have to ask this question . Did you expect the law to say you can just walk in any time ? Would any reasonable human being do that to another person. This is not a law question it is a question of respect for others.


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## renter1 (Jun 7, 2009)

Nursemanit said:


> So let's get this straight , you signed a contract with your tenant for 1 year and you were paid all of your rent up front. And now because you changed your mind and want to sell the tenant should upend his or her life and be severely inconvenienced to suit your whim. Why would any tenant agree to that?


We're not asking the tenant to move out. Nor are we asking him to 'upend his life'. We are merely asking for occasional access to the unit so prospective buyers can view it.

I own real estate in several countries. Anywhere else, the landlord is able to access the property as needed, albeit with due notice given to the tenant. 

Do you think, as a renter, that you should be able to completely block your landlord from visiting the property that he or she owns? Surely even the most intransigent tenant would not believe that.

All the anti-landlord sentiment on this site is a little sad. My guess is that when you own property yourself, you will have a little more perspective.


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## Nursemanit (Jul 10, 2015)

I am an owner in the US . I have rented out property . I just don't abuse the tenant . I love how you assumed I did not - You can tell from your response that you are a condescending jerk who treats tenants as sub human . As they say never assume money and class go together .


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## renter1 (Jun 7, 2009)

Nursemanit said:


> I am an owner in the US . I have rented out property . I just don't abuse the tenant . I love how you assumed I did not - You can tell from your response that you are a condescending jerk who treats tenants as sub human . As they say never assume money and class go together .


Firstly ,what a charming little community you have here! And you, Nurse, are just a shining example of how welcoming and open a forum can be.

Secondly, Nurse, have you considered what will happen when you sell your place in the US. I own a property in NYC, and I can access it with 24 hours notice. It doesn't mean that I want to 'abuse' my tenant - it just means that I can show it to buyers or new tenants with reasonable notice. Indeed, it is absolutely not in my interest to 'abuse' a tenant. After all, they are the people who are safeguarding and maintaining my assets.

What would happen if you wanted to sell your US property and the tenant barred you from doing viewings, taking photographs, or effectively marketing your property. I suspect you wouldn't be your usual jocular self if that were the case!

Forums often turn into festering cesspits of recriminations and resentment. You, Nurse, seem to be wallowing in this resentment quite happily. If you are not particularly successful yourself, that is no reason to condemn those who are. I only hope that, if you are indeed a health professional, that you treat your patients with a better attitude than you have displayed today.


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## Nursemanit (Jul 10, 2015)

I sincerely hope your tenant helps you sell the place if only so he will have a decent human being as his new landlord and be rid of you.


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## renter1 (Jun 7, 2009)

Nursemanit said:


> I sincerely hope your tenant helps you sell the place if only so he will have a decent human being as his new landlord and be rid of you.



If you were my tenant, Nurse, I'm sure I would need to call my lawyers to gain any kind of access to the property. I'm sure that you would be as obstructive, difficult and uncooperative as you could be. And I'm sure that would feel to you like a victory against 'the man', and perhaps even against the 'dark forces' of global capitalism.

Luckily, I vet my tenants very carefully. I doubt you would ever get near the place.


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## Felixtoo2 (Jan 16, 2009)

Unfortunately as previously mentioned a lot of us have been unfortunate enough to have dealt with more than one terrible landlord in Dubai. 
I own property in several countries including here but even I found myself having to change the locks on one of the properties I rented here as the landlord tried to withhold my deposit, he was American but that makes no difference. 

The tenant should let you have viewings at his convenience but an open house is an unreasonable request.


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## Nursemanit (Jul 10, 2015)

Open houses are in general a waste of time - anyone who is actually serious about purchasing makes an appointment and gets a private showing. Open houses are just a weekend diversion for lookers ....


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## QOFE (Apr 28, 2013)

Open house is another trick by estate agents to do as little work as possible.


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## Kawasutra (May 2, 2011)

renter1 said:


> We issued the vacating letter to the tenant a few months ago.





> We're not asking the tenant to move out


Sounds a little bit contradicting to me "renter 1"...!


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## LesFroggitts (Dec 30, 2013)

Hmm. Another case of an OP not hearing what they want to hear and then turning on those being asked for advice.

Rather that relying on the responses from the community at large why don't you take official advice on the matter. Have a chat with RERA, they're there for both the landlord and tenant's benefit. I presume that as a landlord you're fully registered with the authorities? Hate to think of the potentials should you not be.


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## A.Abbass (Jun 28, 2014)

The OP issued a 12 month eviction notice "a few months" back and now he wants to go open house for the remaining period of the notice ?

It amazes me how inhumane some people can be !


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## renter1 (Jun 7, 2009)

A.Abbass said:


> The OP issued a 12 month eviction notice "a few months" back and now he wants to go open house for the remaining period of the notice ?
> 
> It amazes me how inhumane some people can be !


It sounds like you don't know what an open house is. It is a few hours where you open up a property to be seen by potential buyers. Most of the time it happens once or twice. It certainly isn't for the 'remaining period of the notice'. I'm not sure where you got that idea.


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## renter1 (Jun 7, 2009)

LesFroggitts said:


> Hmm. Another case of an OP not hearing what they want to hear and then turning on those being asked for advice.
> 
> Rather that relying on the responses from the community at large why don't you take official advice on the matter. Have a chat with RERA, they're there for both the landlord and tenant's benefit. I presume that as a landlord you're fully registered with the authorities? Hate to think of the potentials should you not be.


Actually I asked a very reasonable question. Then the usual 'all landlords are evil' brigade appeared and the conversation went downhill. In the very best playground traditions, "they started it".


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## renter1 (Jun 7, 2009)

Felixtoo2 said:


> Unfortunately as previously mentioned a lot of us have been unfortunate enough to have dealt with more than one terrible landlord in Dubai.
> I own property in several countries including here but even I found myself having to change the locks on one of the properties I rented here as the landlord tried to withhold my deposit, he was American but that makes no difference.
> 
> The tenant should let you have viewings at his convenience but an open house is an unreasonable request.


Thanks for the reasonable answer. You seem to be the only one here to have any idea what's going on, probably because you are a landlord yourself.


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