Dubai: Are tenants responsible for maintaining rented apartments?

KT reader wants to know who is liable for fixing water leakage in his/her flat

Question: I stay in a two-bedroom apartment in Dubai. The flat’s water heater broke and leaked all over the place. In this case, who is responsible for fixing it? Me or the landlord?

Answer: As you are residing in a rented apartment in Dubai, the provisions of Law No. 26 of 2007 Regulating Relationship between Landlords and Tenants in the Emirate of Dubai are applicable.

In Dubai, a landlord is liable to maintain the fixtures and fittings of a rented apartment unless it has been agreed in a tenancy contract that the tenant is responsible for maintenance works of such fixtures and fittings.

This is by Article 16 of the Dubai Tenancy Law, 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.”

Based on the aforementioned provision of Dubai Tenancy Law, as a tenant, you are not liable to bear the expenses related to repairing the water heater at your rented apartment, as it is the obligation of your landlord to repair and maintain the same. However, if your tenancy agreement with the landlord mentions that you are responsible for repairing and maintaining the water heater of the rented apartment, then you are responsible for repairing the water heater and bearing any expenses related to the same.

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, media, PO Box 11243, Dubai.