أسئلة وأجوبة
Am I required to replace an old fridge owned by the landlord if it can't be repaired?
Hello,
My rental here in Dubai comes with a fridge and cooker. I believe these to be at least 10 years old. The fridge has now stopped working and requires a part to be replaced.
This comes at a cost of 540 AED, which is over the agreed amount that I am responsible for. My Ejari comes with an extra addendum provided by the landlord, which states:
1. The landlord is responsible for major maintenance of the apartment (namely structural, electrical, and plumbing) exceeding 500 AED + 5% VAT. The tenant is responsible for any minor maintenance as needed as a result of wear and tear.
2. The property is leased with the following assets (fridge and cooker) owned by the landlord in working condition and should be returned in the same condition. Any maintenance required is the tenant’s responsibility.
My question is:
If I'm unable to fix this fridge, do I have to provide a new one? The company looking to repair the fridge is having an issue finding the part needed, as it is old.
Hello,
Thank you for reaching out!
Based on the addendum, since the fridge is owned by the landlord and provided in working condition, minor maintenance costs due to wear and tear typically fall on the tenant, but major repairs or replacement for old appliances can be a gray area, especially if parts are unavailable.
If the fridge cannot be repaired, you are generally not obligated to provide a new one unless explicitly stated in the contract. However, to protect your rights and clarify responsibilities, it is best to review your lease and the addendum carefully.
We recommend booking a consultation or appointing our office to assist you in resolving this matter smoothly and legally.
Book a consultation with us today!
Let us know how we can help further.
Yes, you are responsible for maintaining the device under normal circumstances.
However, if it cannot be repaired due to obsolescence and lack of parts, you are not legally obligated to purchase a new device.
You can offer to provide a used replacement device or negotiate with the owner for fair alternatives.
Good afternoon,
Based on the details of your tenancy agreement, the landlord is responsible for providing appliances like the fridge in working condition.
Given that the fridge has stopped working due to its age, and the repair cost exceeds your responsibility, you are typically not required to replace it.
If the repair is not possible due to unavailable parts, it would likely fall under the landlord's obligation to either repair or replace the appliance.
I recommend discussing this with the landlord directly, as they may be willing to provide a replacement. If you're unable to reach an agreement, you can consider seeking resolution through the Rental Disputes Center for further assistance.
If you'd like, I can assist you in drafting a formal letter to the landlord or guide you through the dispute process.
Best Regards,
Dear Sir/Madam,
In such a case, it is advisable to contact the landlord directly and inform him that the fridge is missing necessary parts.
You can offer to contribute a maximum amount of AED 500 plus VAT, so he can handle the repair on his side. Otherwise, he will need to replace the fridge for you.
Should you require any further legal assistance or guidance, please do not hesitate to contact us via phone or email.
Best regards,
Nada Elmawi
Dear Questioner,
Thank you for your inquiry!
Based on the terms of your tenancy agreement and the addendum, while the landlord has provided the fridge and cooker as part of the leased property, the responsibility for maintenance has been placed on the tenant.
However, since the fridge is over 10 years old and the issue now relates to a part that is no longer readily available, this situation may go beyond regular maintenance and fall under the category of asset obsolescence due to age.
In such cases, you are not legally obligated to replace the landlord’s appliance at your own cost. If the item is no longer repairable due to wear and tear or age, it would be considered the landlord's responsibility to replace it, as the asset has reached the end of its functional life.
We recommend you notify the landlord in writing, with evidence from the technician indicating that the fridge is no longer repairable or that replacement parts are unavailable. This will help establish your position clearly and reasonably.
Please let us know if you need assistance drafting a formal notice or further legal support.
Kind regards,
Mohammed Salah
Legal Consultant
