An Overview of Commercial Lease Laws in the UAE

According to Federal Law No. 5/1985, landlords are obligated to address any defects that significantly affect a tenant's enjoyment or use of the leased property. If they fail to do so, the tenant has the right to terminate the lease or apply for an order that allows them to carry out repairs and recover reasonable costs from the landlord (Article 767(1)).

This provision mainly applies to issues that would hinder the tenant's enjoyment or beneficial use of the property. In cases where minor repairs are needed urgently and the landlord fails to address them, the tenant has the right to undertake these repairs themselves and seek reimbursement, for expenses incurred or deduct them from rent payments (Article 767(2)).

If a tenant decides to carry out repairs on any item within or, on the leased property that helps preserve the property they can be reimbursed for expenses even if there is no agreement with the landlord (Article 768). Furthermore, tenants are responsible for taking care of the leased property (Article 776). They should perform repairs according to practices and ensure that the property remains tidy and clean (Article 779).

In the case of tenancy, tenants are required to clean, repair maintain, and keep the leased property in condition. This includes ensuring that electrical, mechanical, and plumbing systems are functioning properly. Tenants must also promptly address any water pipe or sewerage blockages at their expense.

Additionally, they are responsible for maintaining the leased property's interior by keeping keys, doors, windows, electrical installations, sewerage pipes, pans, water taps, and accessories in good condition. The tenant is required to return the property, in condition and order just as it was when they initially leased it.

They should make repairs at their expense for any damages and reimburse the landlord for any expenses incurred in repairing damages. If the tenant fails to reimburse the landlord for repair costs or maintenance the landlord has the right to deduct it from the tenant's deposit.

In summary, based on Federal Law No. 5/1985 it appears that tenancy laws in the UAE apply generally without differentiation between residential tenancies. However, tenants bear responsibility, for maintenance liabilities.

Written by:

Abdul Wahied Mohammad Sharief | Dar Al Haqooq Legal Consultancy​