In Dubai, rental agreements often leave tenants wondering who has the burden to pay for maintenance and repairs—the landlord or the tenant. Such instances of disputes often revolve around “wear and tear” matters, such as repainting a unit after so many years of occupation. Identifying your rights as per Dubai tenancy law will help in dealing with such issues easily and also save one from unnecessary conflicts.
What the Law Says About Maintenance Responsibilities
Renting relationships in Dubai are mainly governed by Law No. (26) of 2007 Regulating the Relationship between Landlords and Tenants in the Emirate of Dubai.
According to Article 16 of this law:
“Unless otherwise agreed by the parties, a landlord shall, during the term of the rent contract, be responsible for the real property maintenance works and for repairing any breakdown or defect that affects the tenant’s full intended use of the real property.”
This means that unless stated otherwise in your rental contract, any maintenance and repair work that the landlord must perform so the tenant can make full use of the property is the responsibility of the landlord.
What is Considered “Wear and Tear”?
Wear and tear refers to the gradual deterioration of a property due to normal, everyday use over time. Common examples include:
- Faded or peeling paint on walls
- Scuff marks or scratches on floors
- Worn carpets or floor coverings
- Loose cabinet joints or handles
- Faded fixtures due to sunlight exposure
Such issues would differ from those resulting from the overall neglect or misuse of the property, and therefore the responsibility would normally lie with the tenant.
Repainting After Several Years – Who Should Pay?
If a property has not been repainted for a number of years and the paint has simply faded or deteriorated due to age, repainting may fall under the category of general maintenance. In case, if your tenancy contract does not clearly state that repainting is a tenant responsibility, the landlord would generally be responsible for repainting.
If, however, the tenancy agreement has a particular clause that states the tenant is responsible for repainting, then the obligation to cover the costs would be legally binding on the tenant.
Why Reviewing Your Rental Contract is Essential
Always read your rental contract before doing anything to check for clauses on:
- Painting responsibilities
- Minor maintenance obligations
- Regular maintenance
If nothing has been mentioned in the contract regarding these conditions, Article 16 applies, and the responsibility of that burden lies with the landlord.
You may want to know: Facing a Bounced Cheque or Illegal Flat in Dubai? Here’s What Law Says
Steps to Take if the Landlord Refuses to Repaint
If your landlord or property manager is not willing to repaint or undertake other required maintenance work while it is legally and per your contract their obligation, the following steps may be taken:
- Written Communication
- An official letter should be sent to the landlord or the real estate company addressing the problem.
- Keep copies of all the correspondence for future reference
- Evidence
- Take dated photographs of the affected areas to show the condition of the property.
- Mention how the usage of the property should be affected due to wear and tear.
- Attempt Amicable Settlement
Before going through more escalated means, attempt to reach mutual settlement.
- Make a complaint to the Dubai Rent Conflict Center (RDC)
- In case the landlord fails to respond or refuses to take action, an individual may file complaints with the RDC.
- The RDC could then resolve conflicts arising between the landlord and tenant and order the landlord to maintain the property, if deemed mandatory by law.
Dubai Rental Dispute Centre (RDC) Complaints
In filing your complaint with the RDC, you would need:
- A copy of your tenancy contract
- Copies of written correspondence with the landlord
- Photographic or video evidence for the wear and tear
- Proof of rent payments
The RDC will look into the matter, apply the rule of law, and make a ruling. This ensures that the rights of both landlords and tenants are respected
Read more about: Notarized Eviction Notice in UAE: Everything you must know
Preventing Future Issues
The following suggestions should reduce the chances of disputes on maintenance in the future:
- Clearly Negotiate Terms: Maintenance responsibilities should be clearly stated in the tenancy agreement.
- Take Photographs: At the beginning and the end of your tenancy, take photographs documenting the condition of the property.
- Schedule Regular Inspections: Discuss periodic inspections to identify and remedy issues early.
Takeaways for Tenants in Dubai
- Default rule: By default, the landlord must maintain and repair the property that ensure it is fit for use, unless otherwise stated in the contract.
- Wear and tear: Gradual deterioration over time is generally with respect to the landlords.
- Contract terms matter: Always read your rental agreement to see if there are particular clauses regarding this.
- Legal recourse: If a landlord refuses to do maintenance, the matter can be escalated to the Dubai Rental Dispute Centre.
How HHS Lawyers in Dubai Can Help You
Complex issues can arise in Dubai regarding disagreements between landlords and tenants, especially where the legal clauses or obligations are not clear enough. At HHS Lawyers in Dubai, our property lawyers in Dubai mainly focus on tenants or landlords’ rights and responsibilities within the extensive knowledge of Dubai tenancy laws.
We help the tenant by:
- Reviewing their tenancy contract and clarifying the legal position
- Drafting formal notices and communicating with the landlord on their behalf
- Representing their case before the Dubai Rental Dispute Centre, if needed.
If you are experiencing a rental dispute over maintenance or wear and tear, please contact HHS Dubai Lawyers to receive quality legal advice and quality representation.
