What are the rights of Tenants in the UAE
The property must meet the least security and safety measures. In the event of damages affecting the livable condition of the rental unit, the landlord is liable for fixing such damages at no cost to the tenant.
By law, the owner of the property is responsible for the maintenance of the property and the repair of any defect or damage, unless otherwise stated in the contract. This is based on article 16 of Law No. (26) of 2007 Regulating the Relationship between Landlords and Tenants in the Emirate of Dubai.
The law Article (16)
Unless otherwise agreed by the parties, 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 Real Property.
Thus, the landlord has the obligation to repair any defect that affects the tenant’s use and enjoyment of the leased property. If the landlord fails to do so, the tenant shall have the right to cancel the lease or to apply for an order that he be allowed to effect the repair and recover the fair and reasonable cost thereof from the landlord.
Urgent repair work
If the problem you are facing is urgent, as a tenant you are entitled to get the repair work fixed and recover the expenses from the landlord, or get the amount deducted from the rent due, according to UAE law
Article (17)
The Landlord may not make to the Real Property or any of its amenities or annexes any changes that would preclude the Tenant from full use of the Real Property as intended. The Landlord will be responsible for such changes whether made by him or any other person authorised by the Landlord. Further, the Landlord will be responsible for any defect, damage, deficiency, and wear and tear occurring to the Real Property for reasons not attributable to the fault of the Tenant.
Cosmetic defects may not included
However, owners are not always required to repair certain damages, such as cosmetic defects that do not affect the integrity of the property. Meanwhile, they remain responsible for the maintenance works and repairs of any defects in respect of the leased property, which may affect the tenant’s intended use thereof, unless otherwise agreed between the parties.
Read your agreement.
It is advised to carefully read the agreement to ensure no clause comes as a surprise at a later date to the tenant.
“For example, the tenancy contract may state that repairs below Dh500 will be paid for by the tenant and above that by the landlord.
So, ensure that you are aware of whose responsibility it is to repair or maintain any defects or damages to the property you are leasing.
If the landlord is claiming the security deposit he must support his claim with reasonable evidence such as actual payments made and such payments should be in accordance with reasonable market value.
Who will fix faulty construction?
If your property management refuses to fix a faulty construction, as a tenant you are within your rights to approach the Rental Disputes Settlement Centre (RDSC) of your emirate.
RDSC is the competent authority to receive applications related to the tenancy and adjudicate the dispute. The committee working at the centre looks into all cases of disputes, except those involving financial disputes like finance lease contracts, in addition to rental disputes located in the free zones.
Law No. (6) of 2019 on ownership of jointly owned properties in the Emirate of Dubai is also relevant in this regard, as the developer is responsible for one year from the date of the handover to repair or replace defective fixtures in the jointly owned property. This shall continue for one year from the date of handing over the unit to the owner. These fixtures include mechanical and electrical works, sanitary fittings, sewerage and the like thereof. Further, the developer has a liability of 10 years for structural defects.
How to lodge a rental dispute?
Rental dispute settlement centres adjudicate cases between tenants and landlords in each emirate, except free zones.
Free zones have special judicial committees or courts competent to settle rent disputes emerging inside their boundaries.
If you wish to file a dispute with the RDSC, you must provide the following documents:
Dubai
Rental Dispute Centre
Dubai Land Department
Baniyas Road, Dubai
Call: 800 4488
Abu Dhabi
Abu Dhabi Rent Dispute Settlement Committee
Defence Street
Call: 800 2353
Sharjah
Sharjah Rental Dispute Committee
Rent Regulation Department, Near Sharjah Cricket Stadium
Call: 06 593 1525
Ajman
Ajman Rent Dispute Committee
Al Rashidiya 3, Ajman
Call: 06 744 8884
How long will the process take?
Once you file a dispute, the length of the case may vary, depending on the complexity. However, the case could even be settled in the first session, according to Dr Raisa.
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The property must meet the least security and safety measures. In the event of damages affecting the livable condition of the rental unit, the landlord is liable for fixing such damages at no cost to the tenant.
By law, the owner of the property is responsible for the maintenance of the property and the repair of any defect or damage, unless otherwise stated in the contract. This is based on article 16 of Law No. (26) of 2007 Regulating the Relationship between Landlords and Tenants in the Emirate of Dubai.
The law Article (16)
Unless otherwise agreed by the parties, 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 Real Property.
Thus, the landlord has the obligation to repair any defect that affects the tenant’s use and enjoyment of the leased property. If the landlord fails to do so, the tenant shall have the right to cancel the lease or to apply for an order that he be allowed to effect the repair and recover the fair and reasonable cost thereof from the landlord.
Urgent repair work
If the problem you are facing is urgent, as a tenant you are entitled to get the repair work fixed and recover the expenses from the landlord, or get the amount deducted from the rent due, according to UAE law
Article (17)
The Landlord may not make to the Real Property or any of its amenities or annexes any changes that would preclude the Tenant from full use of the Real Property as intended. The Landlord will be responsible for such changes whether made by him or any other person authorised by the Landlord. Further, the Landlord will be responsible for any defect, damage, deficiency, and wear and tear occurring to the Real Property for reasons not attributable to the fault of the Tenant.
Cosmetic defects may not included
However, owners are not always required to repair certain damages, such as cosmetic defects that do not affect the integrity of the property. Meanwhile, they remain responsible for the maintenance works and repairs of any defects in respect of the leased property, which may affect the tenant’s intended use thereof, unless otherwise agreed between the parties.
Read your agreement.
It is advised to carefully read the agreement to ensure no clause comes as a surprise at a later date to the tenant.
“For example, the tenancy contract may state that repairs below Dh500 will be paid for by the tenant and above that by the landlord.
So, ensure that you are aware of whose responsibility it is to repair or maintain any defects or damages to the property you are leasing.
If the landlord is claiming the security deposit he must support his claim with reasonable evidence such as actual payments made and such payments should be in accordance with reasonable market value.
Who will fix faulty construction?
If your property management refuses to fix a faulty construction, as a tenant you are within your rights to approach the Rental Disputes Settlement Centre (RDSC) of your emirate.
RDSC is the competent authority to receive applications related to the tenancy and adjudicate the dispute. The committee working at the centre looks into all cases of disputes, except those involving financial disputes like finance lease contracts, in addition to rental disputes located in the free zones.
Law No. (6) of 2019 on ownership of jointly owned properties in the Emirate of Dubai is also relevant in this regard, as the developer is responsible for one year from the date of the handover to repair or replace defective fixtures in the jointly owned property. This shall continue for one year from the date of handing over the unit to the owner. These fixtures include mechanical and electrical works, sanitary fittings, sewerage and the like thereof. Further, the developer has a liability of 10 years for structural defects.
How to lodge a rental dispute?
Rental dispute settlement centres adjudicate cases between tenants and landlords in each emirate, except free zones.
Free zones have special judicial committees or courts competent to settle rent disputes emerging inside their boundaries.
If you wish to file a dispute with the RDSC, you must provide the following documents:
- Passport and Emirates ID or commercial licence
- Passport and Emirates ID of the landlord/ or commercial licence of the company.
- Ejari certificate
- Copy of the lease agreement
- Recent Dewa bills
- Title Deed and Passport copy of landlord
- Any other documentation that can help support your case.
- The complaint fee is 3.5 per cent of the annual rent of the property and must be at least Dh500 and not exceed Dh20,000.
- Translation costs (approx. Dh70 per page, however costs may vary)
- Additional administration costs (approx. Dh110)
Dubai
Rental Dispute Centre
Dubai Land Department
Baniyas Road, Dubai
Call: 800 4488
Abu Dhabi
Abu Dhabi Rent Dispute Settlement Committee
Defence Street
Call: 800 2353
Sharjah
Sharjah Rental Dispute Committee
Rent Regulation Department, Near Sharjah Cricket Stadium
Call: 06 593 1525
Ajman
Ajman Rent Dispute Committee
Al Rashidiya 3, Ajman
Call: 06 744 8884
How long will the process take?
Once you file a dispute, the length of the case may vary, depending on the complexity. However, the case could even be settled in the first session, according to Dr Raisa.
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