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Question: I have been residing in a rented one-bedroom apartment at International City in the emirate of Dubai since January 2018. Soon after shifting into the flat, I found continuous water leakage on the ceiling from the top floor. I conveyed this verbally to the real estate agent. Since there was no action taken by the landlord or the agent, I had to lodge a complaint in writing to the later and notified the building management by email and phone calls. Despite this, the problem has not been solved for the past 8 months. When I enquire, both the agent and the building management offer excuses. I had approached the Rental Disputes Center and filed a complaint against the landlord as per the advise from the Dubai Land Department. Besides, I have handed over the complaint confirmation to the agent. However, the repair work is yet to be taken up.
Answer: It should be noted that the maintenance of the building structures is the responsibility of the landlord. This is in accordance with Article 15 of Law No. 26 of 2007 regulating the relationship between landlords and tenants in the emirate of Dubai (the 'Dubai Rental Law'), which states, "Unless otherwise agreed by the parties, the landlord will, during the term of the lease contract, 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 rented building." Since, you have already made an official notification to the landlord through the Rental Dispute Center, Dubai to repair the ceiling water leakage, you may once again approach the center and file a follow-up complaint to demand the landlord to repair the leakage. In the event the landlord still does not mend it, you may consult the center to take appropriate actions against the landlord.
Know the law
The landlord will, during the term of the lease contract, be responsible for the real property maintenance works and for repairing any defect or damage that may affect the tenant's intended use of the rented building.
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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