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Dubai: Is flat maintenance responsibility of landlord or tenant?

The Rent Law in the emirate outlines the obligations of both parties clearly

Question: I stay in an apartment in Dubai. Who is responsible for maintenance such as AC, plumbing and general upkeep? Please advise.

Answer: Pursuant to your query, it is assumed that you are a tenant residing in an apartment located in Dubai. Therefore, the provisions of Law No. 26 of 2007 Regulating the Relationship between Landlords and Tenants in the Emirate of Dubai are applicable.

In Dubai, it is the responsibility of a landlord to carry out the maintenance and repair works of a rented apartment. This is in accordance with Article 16 of the Dubai Rent Law, which states, "Unless otherwise agreed by the parties, a Landlord shall, during the term of the lease contract, be responsible for the Real Property maintenance works and for repairing any breakdown or defect that affects le the Tenant's full intended use of the Real Property."

Moreover, a landlord may be responsible to rectify any breakdown, damages or defects caused to a rented apartment and if such breakdown, damages, or defects are caused due to reasons which are beyond the control of a tenant. This is under Article 17 of the Dubai Rent Law, which states, “A landlord may not make to the Real Property, or any of its facilities or appurtenances, any changes that preclude the intended use of the same. The landlord shall be responsible for any such changes whether made by him or by any other person authorised by him. In addition, the landlord shall be responsible for any breakdown, impairment, defect, or damage sustained by the Real Property for reasons beyond the control of the tenant."

In view of the above, it is the responsibility of your landlord to carry out the maintenance and repair works of the rented apartment unless it is agreed in the tenancy contract that specific maintenance and repair works are undertaken by you at your own cost as a tenant.

However, as a tenant, it is your responsibility to maintain the rented apartment in good condition and not to make any changes and/or carry out restoration or maintenance works without obtaining the permission of your landlord. This is under Article 19 of the Dubai Rent Law.

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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