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Dubai: Can tenant ask landlord to bear maintenance costs in contract?

KT reader wants to know if he can get a clause added to the tenancy contract with the landlord's agreement

Question: Can I negotiate terms and conditions that may be added to tenancy contracts in Dubai? Or is it standard? I feel all maintenance-related jobs, including painting every two years, must be the responsibility of the landlord. Is there any way I can get this clause added to the contract if the landlord agrees?

Answer: In Dubai, unless a landlord and a tenant agree otherwise, it is an obligation of a landlord to maintain a rented property and fix any issues that could affect the normal use of a property by a tenant. This includes maintenance and repairs needed during a rent period. This is in accordance with Article 16 of Law No. 26 of 2007 Regulating the Relationship Between Landlords and Tenants in the Emirate of Dubai:

“Article (16) Unless otherwise agreed by the parties, the landlord will, during the term of the RentContract, be responsible for the real property’s maintenance works and for repairing any defect or damage that may affect the tenant's intended use of the real property.”

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However, if a tenancy contract mentions that the tenant is obligated to bear the expenses or undertake the maintenance/repair works of the rented apartment, then a tenant is obligated to do so.

Furthermore, a landlord and a tenant may agree to make changes to the terms of the existing rent contract when the tenancy contract is due for renewal. A landlord and a tenant may mutually agree on making amendments or changes to any terms of an existing tenancy contract. This is in accordance with Article 13 of the Law No. 33 of 2008 Amending Law No. 26 of 2007 Regulating the Relationship Between Landlords and Tenants in the Emirate of Dubai,

“For the purposes of renewing a rent contract, the landlord and tenant may, prior to the expiry of the lease contract, amend any of its terms or reconsider increasing or reducing the rent. If the landlord and tenant fail to reach an agreement in this regard, the tribunal may determine the fair rent, considering the criteria stipulated in Article (9) of this Law.”

In case either party intends to amend any of the terms of the tenancy contract, such party is required to notify the other party of its intention of amending any of the terms of the tenancy contract, 90 days before the expiry of the tenancy contract. This is in accordance with Article 14 of the Amended Dubai Rent Law. “Unless otherwise agreed by the parties to a rent contract, where either party wishes to amend any of its terms pursuant to Article (13) of this Law, that party must notify the other party of this intent no less than ninety (90) days before the date on which the rent contract expires.”

In accordance with the above provisions of law, you may negotiate the terms of your tenancy contract, including specific provisions related to maintenance responsibilities.

Ashish Mehta is the founder and Managing Partner of Ashish Mehta & Associates. He is qualified to practise law in Dubai, the United Kingdom and India. Full details of his firm on: www.amalawyers.com. Readers may e-mail their questions to: news@khaleejtimes.com or send them to Legal View, Khaleej Times, PO Box 11243, Dubai.

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