Dubai: Do tenants have to pay for accidental damage during maintenance?

Question: I live in a two-bedroom apartment in Dubai. One of the major AC components was damaged due to something we did; so basically, it was our fault. Are we responsible for fixing it and covering the cost of the damages, or would this fall under regular maintenance?

Answer: In Dubai, it is the responsibility of a landlord to carry out the maintenance and repair works of a rented apartment, unless agreed otherwise.

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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, 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 the tenant's full intended use of the real property.

Furthermore, a landlord may be responsible for rectifying 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.”

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However, it is a tenant’s 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 in accordance with Article 19 of the Dubai Rent Law, which states, “A tenant must pay the rent on its due dates and must maintain the real property in a good condition as a reasonable person would maintain his own property. Without prejudice to the tenant’s obligation to carry out any restoration that is agreed upon or which is customary for tenants to undertake, the tenant may not make any changes or carry out any restoration or maintenance works in the real property without obtaining the permission of the landlord and the necessary licences from the competent official entities.”

When a renting period ends, a tenant must return the property in the same condition it was received — except for normal wear and tear or damage caused by factors outside the tenant’s control. If there’s a disagreement about the property’s condition, it will be resolved by the Rental Dispute Settlement Centre (the Tribunal). This is in accordance with Article 21 of the Dubai Rent Law, which states, “Upon expiry of the term of a Lease Contract, the tenant must surrender possession of the real property to the landlord in the same condition in which the tenant received it at the time of entering into the lease contract, except for ordinary wear and tear or any damage sustained due to reasons beyond the tenant’s control. Where a dispute between the parties arises in this regard, it shall be referred to the tribunal to issue its decision on the same.”

Based on the aforementioned provisions of the Dubai Rent Law, it may be advised that where damage to a major AC component is caused by your own actions, the responsibility to repair or replace the damaged part may fall upon you, rather than being treated as routine maintenance typically handled by your landlord.

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.