Home

/

Blog

/

Tenants and Landlord Maintenance Responsibilities in Dubai Real Estate

Tenants and Landlord Maintenance Responsibilities in Dubai Real Estate

Sep 19, 2024

by

Qube Development

Dubai Real Estate, Dubai Laws, RERA

Leasing a property in the UAE requires an understanding of both tenant and landlord responsibilities. 

Knowing the maintenance obligations outlined in the Civil Code and the laws of each Emirate can help you understand your rental agreement effectively. 

These regulations ensure that both parties know who is responsible for repairs and upkeep, minimizing disputes and misunderstandings.

In the UAE, maintenance responsibilities often vary depending on the type of property and the individual lease agreement. 

For instance, tenants typically handle minor maintenance tasks, such as taking care of furniture and appliances. However, landlords retain major maintenance responsibilities, especially for structural issues. 

Understanding these distinctions is crucial for any tenant or landlord engaging in the leasing process.

Whether you are a landlord or a tenant, practical guidance on these obligations can save you time and money. 

As the Dubai real estate market continues to evolve, staying informed about current trends and regulations is key.

And keeping up with legal requirements will provide you with a solid foundation for a successful leasing experience, especially under the laws governing tenancy in the Emirates.

Understanding the Legal Framework

In the UAE, understanding the legal framework for leasing properties is essential. This framework includes laws that define responsibilities for maintenance and repairs between landlords and tenants.

The Civil Code and Tenancy Laws

The Civil Code sets the groundwork for any lease agreement in the UAE. It outlines general principles of contracts that apply to leases, such as validity and enforceability. 

  • EJARI is an online program developed by RERA that records tenancy contracts for all types of property in the Emirate of Dubai. 
  • On the other hand in Abu Dhabi, landlords have to register lease contract in the Tawtheeq system, which is the city’s register for tenancy contracts
    .
Law No 26 of 2007 - Dubai Law
Law No 26 of 2007 - Dubai Law

Tenancy laws vary by emirate but generally emphasize tenant and landlord rights. For instance, in Dubai, Law No. 26 of 2007 lays out specific terms for lease agreements, including maintenance obligations.

Under these regulations, landlords typically hold primary responsibility for maintaining the property. 

However, this duty can be shared or even passed to tenants through specific clauses in the agreement. It's crucial to carefully review any contract you sign.

Legislation Governing Leases

Additional legislation complements the Civil Code. In Dubai, the Real Estate Regulatory Agency (RERA) plays a significant role. 

RERA offers guidelines on property management and tenant rights, ensuring compliance with local laws. This agency helps manage disputes and protects both parties involved.

Tenancy laws also cover aspects such as rent increases and the legalities of eviction. These laws can protect your rights and help you avoid potential issues effectively. 

Being informed about these regulations ensures that both landlords and tenants can make educated decisions.

For more insights on the attractiveness of the UAE real estate market, see the benefits of investing in Dubai real estate market.

Landlord Maintenance Responsibilities

Here are the key areas that every landlord should be aware of regarding their obligations.

Responsibilities Defined by Law

In the UAE, landlord responsibilities are primarily outlined in the Dubai Rent Law and relevant federal legislation. 

Landlords are required to maintain the property in a safe and habitable condition. This means ensuring that essential services, such as plumbing and electrical systems, are functioning correctly.

Plumber Fitting Faucet
Plumber Fitting Faucet

The law also specifies that landlords must take care of repairs due to normal wear and tear.

If issues arise beyond what a tenant has caused, the landlord is liable to address them. Familiarizing yourself with these legal requirements can prevent future disputes.

Property Maintenance Obligations

Property maintenance goes beyond fixing basic issues. Landlords must ensure the structural integrity and safety of their properties. 

property maintenance responsibility
HVAC Technician Fixing

This includes:

  • Routine inspections: Regular checks help identify maintenance needs early.
  • Timely repairs: Addressing problems promptly prevents more significant issues.
  • Compliance with safety standards: Make sure the property complies with local building codes and safety regulations.
AED 500 is Considered as Minor Repair Cost
AED 500 is Considered as Minor Repair Cost

According to some independent sources, for costs above AED 500, landlords are typically responsible for repairs, aiming to keep the property in good working order. 

But this is not something fixated by RERA, instead, it is upon the landlord’s and tenant’s discretion to decide a reasonable repair cost that the tenant should bear. 

Remedies for Non-Compliance

If you, as a landlord, fail to meet your maintenance responsibilities, tenants have several remedies available. 

Tenants can report issues to the local authorities or take legal steps to enforce their rights. Common remedies include:

  • Rent reduction: Tenants may seek a reduction if the property is not maintained.
  • Repair and deduct: In some cases, tenants can make the repairs and deduct the costs from their rent.
  • Termination of lease: If conditions are unsafe, tenants can end the lease without penalty.

Being proactive about maintenance can help you avoid these situations.

For further details on how property features can impact value, explore resources on the importance of amenities in real estate.

Tenant's Maintenance Obligations

As a tenant in the UAE, you have specific responsibilities regarding property maintenance, which vary based on whether your lease is residential or commercial. 

These obligations ensure that you keep the property in good condition and meet the expectations set by your lease agreement.

Scope of Tenant's Responsibilities

In a residential lease, your maintenance duties often include minor repairs, such as fixing leaky faucets or replacing light bulbs. You are also responsible for keeping the premises clean and tidy.

For commercial leases, the expectations can be more extensive. You might need to handle interior repairs and maintenance, which can cover everything from HVAC systems to flooring.

It’s essential to review your lease carefully to understand your specific responsibilities, as some landlords may require tenants to cover additional repair costs.

Care and Use of the Property

You should take good care of the property you are renting. This includes using fixtures and appliances properly to prevent damage.

For example, avoid overloading electrical outlets and be cautious with plumbing.

If you notice any issues, such as mold or broken appliances, report them to your landlord promptly.

Ignoring problems can lead to further damage and potential disputes regarding your security deposit when you move out.

Another important factor is that unauthorized alterations, like painting or major renovations, generally require landlord approval.

Always communicate with your landlord about any changes or repairs you wish to make.

Understanding Lease Types and Their Impact on Maintenance

Different lease types in the UAE affect who is responsible for property maintenance. Understanding these variations helps you know your obligations as a tenant or landlord.

Residential Lease Maintenance

In a residential lease, the tenant generally has specific responsibilities. You must maintain the property in good condition, including its fixtures and appliances.

Common duties include:

  • Keeping the property clean and tidy.
  • Reporting any serious repairs to the landlord immediately.
  • Handling minor repairs, such as changing light bulbs and maintaining the garden.

Landlords are usually responsible for major repairs, like plumbing problems or structural issues.

Under the UAE law, damage from normal wear and tear should not be charged to tenants. This means you are only responsible for damages beyond what is considered regular use.

Commercial Lease Maintenance

When it comes to commercial leases, the maintenance responsibilities can vary widely.

You may find clauses that require tenants to cover all maintenance costs, including repairs on systems like heating and cooling.

Typical responsibilities might include:

  • Keeping interiors clean and presentable.
  • Managing the upkeep of any machinery you use on the property.
  • Ensuring compliance with safety regulations.

Landlords often take care of structural issues, but tenants are often required to inform them of significant problems quickly. 

The distinctions made in commercial leases can lead to higher maintenance costs for tenants, emphasizing the importance of understanding the lease terms clearly.

Explore more about property types by checking what defines off-plan property in Dubai.

Seeking and Providing Practical Guidance

In the UAE, understanding tenant and landlord responsibilities is essential for smooth leasing.

Practical Guidance can help clarify these roles. Tenants must know their duty to maintain the property and seek permission for changes. Landlords should provide clear instructions on maintenance expectations.

You can refer to the Civil Code for a foundational understanding of obligations. This legislation outlines tenant responsibilities when it comes to minor repairs and upkeep.

When disputes arise, knowing available remedies is crucial. You can file a request with the Rental Dispute Centre for urgent matters. This center helps resolve issues efficiently.

Document everything. Keep records of communications with your landlord. This includes repair requests and maintenance checks. Such documentation can support your case if disputes occur.

It’s also wise to follow sustainable practices in property management. Explore sustainable practices to enhance property value and meet environmental goals.

By seeking practical guidance and understanding the law, you can ensure leasing responsibilities effectively. Always stay informed about your rights and duties to prevent misunderstandings.