Q: Dear, Last year, 28th September 2017 to be exact, we rented 1 BHK Flat in Bur Dubai. The flat is old and since we required it on an urgent basis, we took the flat with unfixed things. We as the tenant fixed whatever is needed (bathroom door, kitchen cabinets, bathroom ceiling...etc.). We decided not to renew the contract due to the maintenance issues we had encountered. Now, the real state agent is asking us to pay the maintenance which quoted me for AED3500/- (kitchen and toilet ceiling change, full flat ceiling change, light change, switch change, kitchen exhaust fan change, all cleaning, shower pipe change, cabinet hinges repair, all materials and labours). Do we really need to pay for this maintenance? Please advice. Highly appreciate your immediate answer. Thanks & regards,

Q: I live in a 4 bedroom apartment in Deira/Dubai. 3 out of the 4 bedrooms have sewage leakage problem somewhere in the ceiling and the smell is horrible. The landlord refuses to fix the problem even though my tenancy contract clearly states that he must fix on his expense. To make the story short, After filing for a case against him at the RDC, It all went down to the police station where he refused to sign a paper that states his willingness to fix. Next, a Dubai Municipality official visited the apartment and submitted a report to the Land Department confirming that the apartment smells very bad. All meanwhile I refused to pay any rent to pressure this landlord to fix. So now 4 months have passed and the accumulated rent has built up to above AED 100,000. The landlord has filed a case to claim the rental amount. What to do? And how can he file a case against me at the RDC without the RDC asking him to fix the apartment first?! Can I refuse to pay this landlord? I think it is unfair to pay!

Q: I am unable to get the security deposit refund from the landlord. I was told that they will deduct 4000 AED for painting charges for the villa and around 1300 AED for curtain removal. I stayed for 2.5 years. The landlord has never told me that they will deduct such a huge amount for painting. The condition of the villa, from a painting perspective, looks fine except few holes on the wall for the hanging of painting/smart tv, etc. Am I liable to pay for the painting? Is it a standard practice to paint the villa/apt before vacating the flat? If yes, then can I arrange myself for painting.

Q: I rented a villa less than a year ago. Prior to finalizing the lease, I asked the landlord and the agent if they plan to sell it or if the landlord intends to move into it in the short term, the answer was a definite "NO" from both as the landlord is settled in the UK. I took them at their word. Based on that, I have invested a significant amount of money in landscaping and upgrading the villa at my own cost. The landlord knows this. Now, less than a year into it, the landlord has informed me that she plans to sell it and has given it exclusively to the same agent that rented it to me. To feel that, I have been swindled by both landlord and agent. What are my rights and how can I claim all the money I spent on upgrades/landscaping over the last year which I haven't even started to enjoy yet?

س: السلام عليكم، لقد أتممت سنة في العقار وعند التجديد تقدمت بطلب لصيانة البيت مثل دهان الحائط وتصليح بعد المواسير التي تسرب الماء فوافقوا. طلبوا مني تعداد الأشياء التي أريد صيانتها وبعد انتهاء العقد بـ15 يومًا رجعت لسؤالهم فتفاجأت بالرفض من قبل مكتب العقار الذي بالمقابل أبلغني بأن علي الاخلاء وأنهم سيأخذون قيمة شيك التأمين الذي بحوزتهم ليقوموا بالترميمات الضرورية. امتنعت عن الإخلاء والآن أمكث في البيت منذ شهرين ولم أدفع لهم الإيجار وهم يهددوني بأني إن لم أدفع الإيجار وأتنازل عن شيك التأمين، فسيحولون الأمر للمحكمة.

س: السلام عليكم، سؤالي بخصوص عقد الصيانة من حيث التكييف القانوني. هل يعتبر من عقود المقاولة؟ وكيف نثبت إخلال المقاول بالتزاماته في عقد الصيانة لإمكانية فسخ العقد؟

س: السلام عليكم، هل يجوز فسخ عقد الإيجار وعدم دفع غرامة الفسخ قبل انتهاء مدة العقد في الشارقة لعدم التزام المالك ببند الصيانة المذكور في العقد؟

Q: Dear sir/madam, I have an inquiry regarding my current new rent contract situation. I have a signed rental contract for a villa, with a move date of 1st of July. Upon inspecting the empty villa after prior tenants have vacated, we've informed the landlord of broken door and window handles which is a security hazard, and many fixes of broken tiles, ceiling cracks, and paintwork to fix water-damaged spots. We have not received any response from the landlord, which would constitute a breach in the contract of clause 3 & clause 20 of the contract addendum. In the case of breaching contract terms before the move-in date started on the contract (first of July) for the above-mentioned issues that include safety and security hazards, I would not be comfortable to move in with my family in such conditions. What would be my rights to cancel this contract? Would there be a penalty on the landlord for not honoring the contract terms? Thank you in advance!

Q: Dear Sir/Madam, We rented a property from a property management company on April 25th and started staying there from that date. We paid the initial rent and deposit as mentioned by the bank. However, there are many maintenance issues in the flat that they have not fixed even after we complained continuously. We are suffering a lot due to this. I want to know if we can file a case on this, as the conditions of the government contract agreement have not been met.

The relationship between tenants and landlords is regulated in Dubai by Law No. 33 of 2008 Concerning the Relationship Between Landlords and Tenants in the Emirate of Dubai. The arising rental disputes are referred to Rental Disputes Settlement Centre (“RDSC”) created by Decree No. 26 of 2013 to reconcile between the parties and reach an amicable settlement or seek a final judgment issued and enforced by the RDSC.

An interview-format article covering the topic of residential retail properties pertaining to the liability for property maintenance and the repercussions of defaulting on rent payments in the UAE. This is from the legal podcast of lawyer Ludmila Yamalova, the founder of Lawgical with LYLAW.

The provisions of this Law apply to real property leased out in the Emirate of Dubai, including vacant and agricultural lands, but excluding hotel establishments and real property provided by natural or legal persons as accommodation to their employees at no charge.

This Decree establishes a specialised judicial system to hear rent disputes and develops the procedure for determination of such disputes through an expeditious and simple process for the purpose of realising social and economic stability for all persons involved with the real property rental and other related sectors.

Provisions of this Law supersede articles (2), (3), (4), (9), (13), (14), (15), (25), (26), (29), and (36) of Law No. (26) of 2007 Regulating the Relationship between Landlords and Tenants in the Emirate of Dubai.