Tenant must get security deposit refund while vacating flat

 

Tenant must get security deposit refund while vacating flat

The landlord may obtain from the tenant a security deposit to ensure maintenance of the real property.

By Ashish Mehta

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Published: Tue 8 May 2018, 12:30 PM

Last updated: Thu 10 May 2018, 9:29 PM

I was residing in a rented flat with my family at Discovery Gardens, Jebel Ali, Dubai. At the time of signing the tenancy contract with the landlord, I had paid a security deposit of Dh3,000 to the owner of the flat. My tenancy contract expired on March 22, 2018 and I had notified the owner three months prior to expiry of contract of my decision to vacate the flat, by email, text messages and telephonic calls. During vacating this flat I got the flat re-painted and cleaned and thereafter handed over the flat keys to the owner on time. Upon vacating the rented flat, I requested the owner on numerous occasions to refund my security deposit by emails, telephone calls and text messages. Initially, the owner agreed to refund the security deposit in 4-5 days but later he stopped responding. How can I get my security deposit back from my landlord?
It is assumed that you have an original receipt from the owner confirming payment of the security deposit. The owner should refund the security deposit to you at the time of vacating this flat. This is in accordance with Article 20 of the Law No. 26 of 2007 regulating the relationship between landlords and tenants in the Emirate of Dubai (the 'Rental Law'), which states, "When entering into a lease contract, the landlord may obtain from the tenant a security deposit to ensure maintenance of the real property upon the expiry of the lease contract, provided that the landlord undertakes to refund such deposit or remainder thereof to the tenant upon the expiry of the lease contract." Based on the aforementioned provision of rental law of Dubai, you are entitled for refund of the security deposit.
You may approach the Dubai Rental Dispute Center with all the relevant documents including security deposit receipt and file a complaint against the owner.
Know the law

The landlord may obtain from the tenant a security deposit to ensure maintenance of the real property, provided that the landlord undertakes to refund such deposit or remainder thereof to the tenant upon the expiry of the lease contract.

Ashish Mehta is the founder and Managing Partner of Ashish Mehta & Associates. He is qualified to practise law in Dubai, the United Kingdom, Singapore, 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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