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Landlord and Tenant Responsibilities for Repairs in Dubai

Posted by Kelt&corealty on May 18, 2024
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The landlord is normally responsible for wear and tear as the primary responsibility for repairs and maintenance lies with the landlord. From electrical wiring to water pumps to ventilation and chimneys to heating to gas pipelines, a landlord is responsible for these repairs in Dubai. On the contrary, a tenant is responsible for small jobs related to maintenance and repairs, such as changing light bulbs.

Understanding The Concept Of Repairs And Responsibilities In Dubai:

Dubai’s charm and fascination attract many people each year, and many of them prefer to stay in rental properties. Generally, novice landlords and tenants have no clear idea about who is responsible for repairs and maintenance of a rented property. This confusion may provoke strain or lead to conflict. Given that, it is crucial to understand the tenancy laws related to rental property and who is responsible for maintenance. 

Rental real estate business in Dubai is thoroughly regulated. Laws have been crafted to manage the property business in Dubai, such as Dubai Tenancy Laws. Generally, a landlord is responsible for repairs and maintenance. The law defines the rights and duties of both landlord and tenant. However, when it comes to renting a property, both landlords and tenants are entrusted with specific obligations. So, renting a property entails specific responsibilities for both landlord and tenant.

What Tenancy Law In Dubai States?

The primary responsibility for repairs and property maintenance rests with the landlords, according to Article 16 of Law 26 of 2007 in Dubai. A landlord bears the responsibility for repairs and property maintenance. However, this is not the entire scenario. Based on some clauses that can be mentioned in the tenancy contract signed between the landlord and tenant, the responsibility for repairs and maintenance can be shifted to the tenant. Understandably, the role and importance of the tenancy contract cannot be negated when considering such responsibilities.

Maintenance Responsibilities Normally Outlined In Tenancy Agreements In Dubai:

One may consider that. “Are landlord responsible for repairs and maintenance? However, most tenancy contracts identify that a landlord is responsible for major maintenance jobs. Tenants are responsible for minor tasks related to repair and property maintenance. Small responsibilities related to the upkeep of the property fall under the tenants’ purview.  

Landlord Repair Responsibilities: Major Issues

Landlord Repair Responsibilities Major Issues

First of all, we need to understand that it is a landlord’s responsibility to provide and ensure a liveable environment for a tenant. A landlord is obliged to maintain a rented property and complete repair to provide safe and liveable conditions with all systems functioning properly. Furthermore, he is also entitled to resolve major issues such as air conditioning, water pumps, ventilation, and structural damages. 

Here Are Some Responsibilities Of A Landlord:

Fixing Structural Damages

Structural damages such as cracks or settling, roof damage, missing shingles and damages because of natural incities can occur to a rented property. A landlord is liable to repair damages related to the foundation of a property, walls, and roofs.

Maintaining Plumbing, heating, And Electrical Systems

If there is any repair related to heating, plumbing, and electrical systems in a rented apartment or unit in Dubai, a landlord is responsible for fixing it. It is the duty of a landlord to ensure that the heating system, plumbing system, and electric system are in good working condition.

Fixing Appliances

If an issue with an appliance occurs because of normal wear and tear, then a landlord has to deal with the issue. When renting a property or furnished property, a landlord must ensure that every appliance, such as stove, oven, refrigerator, and microwave, is in good condition. However, if any issue occurs because of the negligence of a tenant, then the burden of responsibility is shifted from the landlord to the tenant.

Here Is A List Of Landlords’ Responsibilities Related To Repairs And Maintenance

  • Plumbing and heating
  • Structural Damages
  • Electrical Systems
  • Ventilation and chimneys
  • Internal and external walls
  • Doors and windows
  • Roof related issues

Advice To Landlord On Renting Property:

  • Produce a detailed lease agreement and specify rental terms and renewal options
  • Landlords must screen tenants thoroughly
  • Learn about laws related to landlord and tenant and ensure legal compliance
  • Keep the property in good condition to attract and retain tenants
  • Conduct regular inspections to ensure the property is being maintained
  • Communicate with tenants clearly and promptly

Tenants Repair Responsibilities: Minor Issues

A tenant is not totally free from such responsibilities. Although major issues are to be managed or resolved by the landlord, minor maintenance problems and issues are to be managed or repaired by the tenant. Repairs and maintenance, such as faulty light bulbs, leaking taps, and blocked drains, are the responsibilities of tenants. Tenants are required to keep the rented property in good condition.

 What damage is a tenant liable for?

If any damage occurs because of their negligence or their action, then tenants are responsible for repairing such damages. It means that if damages occur beyond normal wear and tear, tenants are entitled to repair or resolve such issues, including damage to the walls, floors, fixtures, etc.  No matter whether a tenant causes an issue or his guests, he is obliged to address that damage.

Here Are Some Responsibilities Of Tenants:

  • A tenant must keep the property in good condition
  • If a damage occurs because of the tenants’ action or negligence or those of his guests then the tenant needs to repair the issue. If a landlord fixed the issue caused by the tenant, then he can rightfully deduct from the security deposit.
  • Tenants are obliged to return the property in its original state. They are not allowed to renovate the rented property without the landlord’s consent. 
  • Tenants must report any damage or issue that needs urgent repair to prevent further damage. 

Considering The Cost Factor:

Some rental agreements also decide the responsibility for the repair and maintenance of a rented property based on the cost of repair. Normally, if the cost of a repair remains under AED 1000, it falls under the category of minor repair and the tenant is responsible for repair and maintenance. On the contrary, if the cost of a repair exceeds the threshold of AED 1000, then it falls under the category of major issues, making the landlord responsible for repair and maintenance.

Is There Any Need For a Property Manager?

A property manager can determine the cost of a repair or maintenance and avert the possibility of any altercation or conflict between the tenant and landlord. Besides that, a property manager can also oversee the overall maintenance of the property to ensure that both major and minor issues are addressed promptly.

What If An Issue Or Damage Occurs Because Of The Negligence Of The Tenant?

Normally, a landlord is responsible for major repairs and maintenance. However, if a damage or problem occurs because of the tenant’s negligence or action, then he is responsible for the repair and maintenance of that particular damage. A landlord can charge the tenant or deduct from the security deposit.

What If A Landlord Refuses To Resolve The Repair?

If this situation occurs, a tenant must communicate clearly with the landlord and provide a repair notice to address the damage. If the landlord still ignores the matter and does not fix the issue, then the tenant can escalate the matter and file a complaint to make repairs done properly and promptly.

What If A Landlord Refuses To Resolve The Repair

How To Resolve Such Conflicts?

Rental Dispute Center Dubai is responsible for resolving conflicts between tenants and landlords. Either party can escalate the matter to the RDCD to seek resolution. Legal assistance is necessary to support your case and get the right results.

How to claim compensation from the landlord?

Try to reach a mutually agreeable solution through dialogue and negotiation. However, if a landlord does not pay compensation, a tenant can file a complaint in small claim courts to get compensation. Do not forget to get legal advice or guidance on how to proceed with the legal action.

Tips To Minimize The Risk For Maintenance Issues:

Though the possibility for altercation or disputes cannot be completely eradicated. However, the following steps should be followed to minimize the risk of conflict between the landlord and the tenant.

Craft An Extensive Contract

The rental agreement plays a crucial role in defining the scope of obligations and rights for both parties. It must be drafted comprehensively. The duties and rights of both parties must be mentioned clearly to make everything clear in advance.

Define Clauses Related To Repair

It is necessary to negotiate  repair and maintenance related matters and clearly define what are major and minor maintenance issues and who is responsible to deal with repair issues if they occur. The agreement must state clearly the responsibilities of both parties.

Regular Inspection

Regular inspection is deemed vital to managing a property. It allows the landlord to monitor the premises for any sign of defect or damage, allowing the landlord to detect problems at an early stage and deal with them accordingly. Furthermore, regular inspection also fosters a sense of trust and transparency between the tenant and the landlord.

The Bottom Line:

The rental property business in Dubai is flourishing rapidly mainly because of Dubai’s high-end offerings, advanced lifestyle, employment opportunities, and world-class living environment. People from all over the world visit Dubai for various reasons. Most of them prefer to stay at rented properties. Generally, new landlords and tenants are unaware of their rights and responsibilities, and if any issue arises, they end up in an altercation or dispute.

In the case of repairs and maintenance, the major responsibility lies on the shoulders of the landlord. According to the Dubai Tenancy Law, the primary responsibility for repairs and maintenance lies with the landlord. The clauses of the tenancy contract also define these sorts of responsibilities. Generally, a landlord is responsible for major repairs, and a tenant is entitled to address minor issues.

Facing Any Issues Related To Repair And Maintenance? Consult With Us:

Kelt & Co Realty is a real estate agency in Dubai that deals with buying, selling, and renting. Its team of experts not only assists you in finding the most suitable commercial or residential unit based on your interests and demands but also guides and facilitates its clients in matters related to repairs and maintenance. If you are dealing with any problem related to the repair and maintenance of your rental property, then seek our help to get it resolved in a timely manner.

FAQs

What are the landlord’s responsibilities?

A landlord is responsible for providing a safe, secure, and liveable environment to the tenant. He must ensure that the property meets health and safety standards and address any hazards or risks promptly. A property owner is responsible for addressing plumbing, heating, and electrical systems. All major repair and maintenance-related issues must be resolved by the landlord. 

Who is responsible for property maintenance in Dubai?

Based on the Article 16 of the Law 26 of 2007 in Dubai, a landlord is obliged to address repairs and maintenance. The responsibility for major repairs and maintenance lies with the landlord. The responsibility can be shifted from the property owner to the tenant by adding certain clauses in the tenancy contract. A tenant must oversee minor repairs.

Who is responsible for AC cleaning, landlord or tenant in Dubai?

It is the responsibility of the landlord to repair fixtures and equipment such as AC, water pumps, etc. However, minor repairs that include but are not limited to leaking taps are considered the responsibility of tenants. 

Where to file a complaint against a landlord in dubai?

A tenant should send a letter to the landlord requesting repair of the house and If a landlord does not fix reported repairs, the tenant may escalate the matter. A tenant can file a complaint at the Rental Dispute Center (RDC) Dubai, a specialized entity that resolves disputes between landlords and tenants.

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