Renting a property in Dubai offers flexibility and convenience, but it often involves shared responsibilities between tenants and landlords. However, when either party fails to fulfill their duties, disputes can arise. These disputes may involve evictions, rent hikes, property damage, and other issues.
Property maintenance disagreements in Dubai are common when tenants or landlords are not familiar with the laws. The most frequent disputes involve property damage and who is responsible for maintenance expenses. Although it is typically the landlord’s duty, tenants must pay the bill for maintenance if they caused the damage.
Whether you are a tenant or property owner in Dubai, it is important to know your rights and responsibilities in the eyes of the law.
Let’s talk about property maintenance disputes in Dubai and discover how to resolve them in accordance with the law.
Property Maintenance Disputes in Dubai; What Does the Law Say?
Rera tenancy laws clearly define the rights and responsibilities of both tenants and landlords. As per Article 16 of Law 26 of 2007, the primary duty for property maintenance lies with the landlord unless otherwise specified in the lease agreement. Generally, tenants are accountable for minor maintenance issues, while major repairs are the landlord’s responsibility.
Here is an explanation of minor and major repairs.
What are Major and Minor Property Repairs in Dubai?
Determining what qualifies as ‘minor’ versus ‘major’ maintenance in Dubai can sometimes be unclear. However, according to the general guidelines, landlords typically take care of equipment-related problems like water heaters, AC units, and water pumps.
On the other hand, tenants handle smaller issues such as clogged drains, leaky faucets, and replacing lightbulbs.
In many lease agreements, the distinction between minor and major maintenance is based on repair costs.
If the maintenance expenses amount to less than AED 500, it is considered minor and falls under the tenant’s responsibility.
However, if the costs exceed AED 500, it is categorized as major maintenance and becomes the landlord’s duty.
What are the Reasons for Property Maintenance Disputes in Dubai?
In Dubai, tenants have rights regarding maintenance issues, which means landlords are responsible for addressing minor repairs.
However, when major problems arise due to tenant negligence, the responsibility shifts away from the landlord. This situation often leads to property maintenance disputes between landlords and tenants.
Here are some common reasons for these disputes:
- Responsibility Allocation: Deciding who should handle maintenance and repairs can cause conflicts. This becomes even more complex when lease agreements are unclear or when there are disagreements over who should cover the expenses.
- Quality of Repairs: Disputes may arise if repair work doesn’t meet expectations. Both tenants and property owners might believe that repairs were poorly executed or that inferior materials were used, fueling further disagreements.
- Timeliness: Delays in addressing repairs can negatively affect the relationship between landlords and tenants. Tenants may become frustrated if the landlord delays the repairs, especially if they impact their daily lives or business operations.
- Cost Conflicts: Conflicts regarding the financial responsibility for repairs can lead to property maintenance disagreements in Dubai. Landlords in Dubai have the authority to conduct property inspections. When tenants cause damage, landlords have the right to charge them for repair costs. Conversely, tenants might claim that specific repairs fall under the landlord’s obligations as outlined in the rental agreement or local laws.
Resolution of Property Maintenance Disputes in Dubai
The key to addressing maintenance issues in Dubai properties is to have a clear and comprehensive tenancy agreement. Such agreements can prevent potential disputes from arising.
However, if conflicts do occur, follow these steps to resolve property maintenance disputes in Dubai.
1. Open Communication
Start by engaging directly with the landlord or concerned property management company in Dubai. Clearly state the issue and your desired outcome. Keep records of the communication, whether it’s through emails, messages, or letters exchanged regarding maintenance concerns.
Effective communication is the foundation of a strong relationship between tenants and landlords. It can solve most of the problems without needing legal options.
2. Seek Assistance from Building Management
While tenants in Dubai are responsible for property maintenance and damage prevention, they also have the right to have a safe and livable space.
If issues persist, tenants can seek support from building management to address ongoing problems. Building management can act as a neutral party to mediate and resolve property maintenance disputes between tenants and landlords.
3. File a Complaint with RDC
If attempts to resolve the issue through communication and building management are unsuccessful, the next course of action is to file a complaint with the Dubai Rental Dispute Settlement Committee (RDC). Fees for this process vary from AED 500 to AED 20,000.
However, the committee is dedicated to facilitating resolution between both parties. Updates on case progress can be accessed through the Dubai Rest Application or the Dubai Land Department (DLD) website.
Frequently Asked Questions
What Is the Maintenance Law in Dubai?
According to RERA’s property maintenance laws in Dubai, the landlord is responsible for property repairs unless the tenancy agreement says otherwise. Remember, the damage caused by the tenant is not included in maintenance repairs.
What to Do if the Landlord Refuses Maintenance or Repair Work in Dubai?
In this case, the tenant can file a complaint to the Dubai Rental Dispute Settlement Committee (RDC).
Summing it up
Renting a property in Dubai means both tenants and landlords share responsibilities. However, when duties are not fulfilled by any side, conflicts like evictions or property damage can arise.
Disagreements over maintenance are common when the terms are not clear in the lease agreement, especially regarding who pays for repairs.
Although landlords usually handle the repairs, tenants have to pay for the damage they cause. Knowing rights and responsibilities is crucial for both parties.
To solve disputes, communicate openly with the landlord, seek help from building management, or file a complaint with the Rental Dispute Settlement Committee.
You can also consult legal advisors or registered real estate agents in Dubai to understand the legalities and terms of the lease before signing it.