Query: After residing in a rented apartment in Dubai for the past five years, I'm planning to move out soon. Some bathroom fittings and fixtures have loosened due to regular use. Would I be responsible for covering the repair costs, risking the forfeiture of my security deposit? In the event that the real estate company decides to charge me, and I find it unjust, what is the process for challenging it?
Response: Since you are currently living in a rented apartment in Dubai, the regulations outlined in Law No. 26 of 2007, governing the relationship between landlords and tenants in the Emirate of Dubai, are applicable.
In Dubai, landlords are obligated to uphold the maintenance and repair of fixtures and fittings in rented premises, unless the tenancy contract specifies that the tenant is responsible for such upkeep. Article 16 of the Dubai Rent Law explicitly states that, unless agreed otherwise, landlords are accountable for property maintenance and repairing any defects affecting the tenant's intended use.
Conversely, tenants are responsible for returning the rented apartment in good condition, barring normal wear and tear, upon the lease contract's expiration. As per Article 21, tenants must surrender the property in the same condition as received, and any disputes in this regard are referred to the Tribunal for resolution.
Regarding security deposits, landlords must return them, deducting only amounts due by the tenant. Article 20 allows landlords to collect a security deposit for property maintenance, refundable upon lease contract expiration.
Assuming your tenancy contract lacks a clause making you responsible for fixture repairs, you are not obligated to cover expenses related to bathroom fittings wear and tear. Therefore, the landlord may not have the right to deduct from your security deposit for such repairs.
If the landlord insists on deducting from your security deposit, a complaint can be filed with the Dubai Rental Dispute Centre. The Centre will determine whether the bathroom fitting damage falls under reasonable wear and tear, as specified in Article 21 of the Dubai Rent Law.
Ashish Mehta is the originator and Managing Partner of Ashish Mehta & Associates, holding qualifications to practice law in Dubai, the United Kingdom, and India. For comprehensive information about his firm, visit www.amalawyers.com. Should readers have inquiries, they can email them to news@khaleejtimes.com or mail them to Legal View, Khaleej Times, PO Box 11243, Dubai.