Landlord or Tenant – Who is Liable for Property Maintenance in Dubai?
- Created Date 2023-06-13 12:32:55
There is one issue that both the new tenants and landlords keep coming back to. It concerns who in Dubai is in charge of property maintenance.
A cursory Google search reveals that the landlord in Dubai is in charge of property maintenance, but reality is more complicated than that.
This page provides a thorough summary of who is in charge of property maintenance in the emirate depending on the situation. Continue to read!
Who is Responsible for Property Maintenance in Dubai:
According to Law
According to Article 16 of Law 26 of 2007, the landlord in Dubai is responsible for property maintenance. However, the landlord has the option to transfer this duty to the tenant by mentioning it in the leasing agreement.
According to Tenancy Agreements:
The majority of the time, the rental agreements specify that the landlord is in charge of significant maintenance while the tenant is in charge of minor maintenance. Now, exactly what does major and minor maintenance cover? Here are some illustrations to help you understand it better:
Major Maintenance Issues:
As mentioned above, the landlord is typically liable for serious maintenance problems involving appliances like air conditioners, water pumps, water heaters, etc.
Minor Maintenance Issues:
Minor maintenance difficulties include smaller issues like dripping faucets, broken light bulbs, clogged drains, etc.According to the Cost:
Property maintenance is frequently outlined in rental agreements based on the price of repairs. For instance, if the cost of upkeep is less than AED 1,000, it can be deemed trivial and fall under the tenant's purview. On the other hand, if it costs more than AED 1,000, it is classified as substantial maintenance and falls under the landlord's purview.
Maintenance Issues Arising Tenant Negligence:
While it is obvious that the landlord is primarily responsible for maintenance resulting from natural wear and tear, what happens when a property in Dubai needs repairs because a tenant was careless? In this case, it would be unfair and illegal to hold the landlord accountable. Therefore, if there is any purposeful or accidental damage to the property that is not due to normal wear and use, the tenant is accountable for paying for it. For instance, if a window's glass breaks due to a collision, the tenant is responsible for fixing it. Similar to this, they are accountable for getting an appliance mended if it stops operating as a result of improper use.
Conflicts Regarding Maintenance Issues:
In spite of carefully defined tenant rights and obligations, disputes between landlords and renters are prevalent in Dubai. Their natural characteristics may vary. For instance, if the renter feels that the annual rise in rent is not consistent with the RERA calculation, they might not agree to it. Similar to that, accepting financial responsibility for the cost of property upkeep can be another important factor. These disputes typically occur when the rental agreement is missing maintenance obligation terms. The best course of action in these situations is to seek conflict resolution through the renting committee. The committee will assess the situation and render a decision that both the landlord and tenant must abide by.
Steps to Take to Reduce Property Maintenance Conflicts:
To lessen disputes over property maintenance and other issues between landlords and tenants, the following actions must be taken: 1)The leasing agreement needs to be comprehensive. It must contain all provisions relating to property upkeep. 2)Both of these maintenance issue categories must be clearly stated if the major and minor maintenance clause has been agreed to by both parties. 3)Both tenants and landlords need to be aware of and carry out their respective obligations. 4)In order to keep the home in better condition, tenants in Dubai must adhere to practical property care advice. 5)It is advised that a non-foreign landlord who owns several homes in the emirate use a property management company to handle all maintenance-related and other issues.
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Published Date
2023-06-13 12:32:55