Resolve Property Maintenance Disputes in Dubai Like a Pro

Renting in Dubai is a shared responsibility between tenants and landlords. When responsibilities are not met, evictions or property damage can happen. Disputes over maintenance are common, especially on who pays for the repairs.

All these disputes arise because the tenants or landlords don’t know the common rules and regulations on property management and maintenance responsibilities in Dubai.

To make it clear, it’s always the landlord’s responsibility to maintain the property. In other cases, tenants will need to take on the maintenance responsibility if they cause the damage.

There are cases where there is no damage but still needs to be repaired like changing the light bulb and minor leakages. The big question comes in. Who is responsible? Knowing your rights and responsibilities is key for both parties.

Who is Responsible For Maintenance in Dubai?

The key to resolving any maintenance issue is to know who is responsible for the repairs. Luckily Dubai’s Rental Law (Law No. 26 of 2007) has the answers:

• Landlord’s Responsibility: The landlord is generally responsible for maintaining the property in a habitable condition and fit for its purpose. This includes repairs to major structural elements like roofs, walls, plumbing, and electrical systems. They must also address any issues that significantly affect the tenant’s ability to use the property comfortably and safely like malfunctioning air conditioning or a broken sewage system.
• Tenant’s Responsibility: Tenants are responsible for maintaining the property in good condition and taking reasonable care of it. This includes minor repairs due to everyday wear and tear, like replacing burnt-out light bulbs, leaky faucets, or damaged doorknobs. Tenants are also expected to use the property responsibly and not cause any intentional damage.

Note: If there’s a dispute on who is responsible for a specific repair, always refer to the tenancy agreement. Landlords and tenants may agree on exceptions to the general rule, so a well-drafted agreement can prevent future confusion.

Major and Minor Repairs in Property Maintenance

Determining what’s major and minor maintenance in property can be unclear. However, according to general guidelines, landlords handle equipment-related issues like water heaters, AC units, and water pumps.

Tenants are responsible for smaller issues like clogged drains, leaky faucets, and replacing light bulbs. In many lease agreements, repairs below AED 500 are considered minor and fall under the tenant’s responsibility.

Repairs above AED 500 are considered major maintenance and the landlord’s duty.

Here’s a list of both minor and major repairs:

Major Property Repairs (Landlord’s Responsibility)

• Leaking roofs or walls
• Faulty electrical wiring or plumbing systems
• Malfunctioning air conditioning units
• Broken sewage systems
• Major structural damage

Minor Property Repairs (Tenant’s Responsibility)

• Replacing burnt-out light bulbs
• Fixing leaky faucets
• Repairing damaged doorknobs or cabinet hinges
• Keeping the property clean and hygienic

Why Property Maintenance Disputes Happen in Dubai?

Property maintenance disputes happen when tenants or landlords don’t know their responsibilities. Here are the common reasons:

1. Responsibility: Deciding who should do the maintenance and repairs can cause conflict especially when the lease agreement is unclear or there’s a dispute on who should pay for the expenses.
2. Timing: A delay in repairing can affect the relationship between landlord and tenant. Tenants can get frustrated if the landlord delays repairs, especially if it affects daily life or business operations.
   
   
3. Cost: Conflicts on who should pay for the repairs can lead to property maintenance disputes. Landlords can charge tenants for the repairs if the tenant caused the damage. Tenants can also claim that specific repairs are the landlord’s responsibility as per the rental agreement or local laws.

3 Ways to Resolve Property Maintenance Disputes in Dubai

When property maintenance disputes happen, follow a structured approach to resolve them. Documentation is key. Keep detailed records of all maintenance requests, repairs, and communication between the tenant and landlord in case the dispute escalates.

• Open Communication: The first step should always be open and honest communication between the landlord and tenant. Explain the issue clearly and refer to the tenancy agreement or Dubai Rental Law.
  
  
• Contact Building Management: Most buildings in Dubai have a property management team. They can act as a mediator and facilitate communication between the landlord and tenant.
  
  
• File a Complaint with the Rental Dispute Settlement Centre (RDSC): In extreme cases, legal action may be necessary, and consulting with a lawyer who specializes in property law can guide you on what to do.
  
  Both tenants and landlords can file a complaint with the RDSC, a government entity that resolves rental disputes. This process is cost-effective and usually takes a few weeks to complete.

Common Questions on Property Maintenance Disputes in Dubai

Q: What to do if the landlord won’t make repairs?

A: If the landlord won’t make repairs, document all requests and responses and file a complaint with RERA if the issue persists.

Q: Can I stop paying rent if the landlord doesn’t do maintenance?

A: Withholding rent is not recommended without consulting a lawyer. Instead, follow the dispute resolution process with RERA or consult a lawyer.

Q: Who is responsible for pest control in a rental property?

A: Pest control is usually specified in the tenancy contract. In most cases, landlords handle serious infestations while tenants do routine prevention.

Q: How long does the landlord have to address maintenance issues?

A: There is no specific timeframe in the law, but landlords are expected to address major maintenance issues ASAP to keep the property habitable.

Q: What to do if the property becomes uninhabitable due to maintenance issues?

A: If the property becomes uninhabitable, tenants can file a complaint with RERA or consult a lawyer to know their rights and options.

Tip: When faced with a repair request, both landlords and tenants should document the issue with photos and videos. This evidence can be helpful during negotiations or potential disputes.