# Transfer ownership of apartment



## Froglet (May 7, 2014)

Soooo, a while ago we received an eviction notice because the landlord wanted to sell his apartment. We are meant to leave at the end of the month but since no one wanted to buy it he asked if we are interested to stay...

The law says that if he wanted to sell his apartment but didn't manage to by the time the tenant leaves, s/he is not allowed to rent it to anyone (except the current tenant) for a year.

So, this gives us some bargaining power because no one wants to buy it and he can only rent it to us. With that in mind we offered him a below market price but he did not get back to us yet.

The question I have is: can he transfer the ownership of the apartment to his wife who will then be the new landlord and then they would be allowed to rent it to anyone again? What are the implications or transferring ownership? How much does it cost?


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## rsinner (Feb 3, 2009)

registration cost of the new ownership would be 4% I believe. I doubt he will go through the hassle and cost of transferring just to get a new tenant.


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## Froglet (May 7, 2014)

Thanks rsinner. The 4% is that when you sell property or also when you transfer (to for example you husband/wife/kids).


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## marc (Mar 10, 2008)

He must give 12 months notice as well, and it should be sent via courier and notarized via Dubai Courts. Any other notice or communication to vacate is not valid.


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## rsinner (Feb 3, 2009)

Froglet said:


> Thanks rsinner. The 4% is that when you sell property or also when you transfer (to for example you husband/wife/kids).


I think it is for all transfers - but not sure. 
Also, keep in mind that if there is a home loan etc on the property then there would be extra hoops to jump through.


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## marc (Mar 10, 2008)

Yeah it is always 4%

However he can gift to his immediate family member, that would cost 0.25% of the valuation done by Land Department.


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## Froglet (May 7, 2014)

marc said:


> Yeah it is always 4%
> 
> However he can gift to his immediate family member, that would cost 0.25% of the valuation done by Land Department.


Thanks Marc. This is valuable information.

If he gifts the apartment to his wife, is she then allowed to rent it out immediately? Or does the rule still hold that they are not allowed to rent it out for a year because of the initial eviction note (since she is family of the landlord who gave us the eviction note).


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## Cos_mo (Feb 9, 2012)

I'm in a similar situation...got my notice and have to move out in June....landlord selling also. Didn't realise he can't rent it out for a year if he doesn't sell....there havnt been any viewings in months so hopefully!!! Where does it state this?


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## Froglet (May 7, 2014)

Cos_mo said:


> I'm in a similar situation...got my notice and have to move out in June....landlord selling also. Didn't realise he can't rent it out for a year if he doesn't sell....there havnt been any viewings in months so hopefully!!! Where does it state this?


I called RERA and they told me that the landlord is not allowed to rent it to anyone except you for a year after your tenancy contract ends. If you leave in June and he rents it to someone else, you can make a complaint and he may have to pay up to 1 year rent to you as compensation.


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## Cos_mo (Feb 9, 2012)

Great to know! Thank you!


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## marc (Mar 10, 2008)

It doesn't matter if he gifts to the wife, still must give you 12 months notice. 

Also the 12 month notice is only enforced for the following reasons; 

He is selling the property
He is moving in himself
He must to structural work to the property that requires it vacant.


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