Q: I've been having issues with my building management regarding a supposed leak from my flat damaging another property. I've contacted Rera with the following: My building management is saying that there is a leak coming from my bathroom drain pipe which is damaging the below apartment. There is no leak inside my apartment. The only way to access the leak is to go through the below apartment's false ceiling as there is no possible way to access the drain pipe from my own apartment. My building contract also does not mention anywhere that I would be responsible for paying for this kind of damage. I would like clarification on who is responsible! Also, the time that the leak was reported the flat was unoccupied. Rera has replied that I am not responsible, however, the management company is still insisting. Any ideas?

Q: Hi Raluca, I'm facing a problem with my landlord and I hope you can assist me. While I was away on business (for 5 days), the water heater tank in my apartment broke (through no fault of mine) and caused leakage damage to my apartment and two apartments below mine. My landlord is saying that the cost of the damage caused (approx. AED 15,000) should be paid by me because I was absent from the apartment during the time of the leakage and thus responsible for it. As you can imagine, I am contesting this. The lease states that the landlord is responsible for maintenance repairs of over AED 500, except where they are caused by the tenant. If you could assist me, that would be much appreciated.

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: There was a gas pipe explosion in our building and the whole floor is unhabitable. So we are located on another floor, gas usage was cut and had to rely on electric plates which takes longer time to cook and there is the fear of fire if left unattended. Gas will be reinstalled after 3 months and we wish to terminate the contract early because we cannot use the gas which is one of the facilities we agreed for in the contract and we feel unsafe in the building because every now and then the alarm goes on. They gave us an option to move to their other buildings but will even be farther from work plus the transportation costs will increase. Do we have to pay penalty charges for a situation that is not our doing? We are already having heart palpitations whenever there’s an alarm?

س: السلام عليكم، لدي شقة في بناية تديرها شركة عقارية في دبي وأعاني من سوء الإدارة وسوء الخدمة؛ مثلاً عدم إصلاح سقف بين شقتين يؤدي إلى تسرُّب المياه إلى شقتي وتلف السقف. الشكوى لخدمة العملاء لم تفعل شيئًا. هل يمكن رفع دعوى على الشركة؟ وأين يتم ذلك؟ وهل هناك طريقة للشكوى للإدارة العليا أو لدائرة الأراضي بدبي؟

Q: What are my options to take legal action against my apartment building for not fixing the constant issues that I am facing in my bathroom? For over 2 months now, I have been fighting with them to get more hot water and to stop leaks in my bathroom that are caused by a bad water heater. The building management has not been able to fix these issues and is now telling me to find my own technician and pay for another water heater. I know this is illegal. Please help!

Q: Dear Sir/Madam, Constant faulty fire alarms during the night (between 3-6 alarms at a time) in a residential building, and management is not interested in finding a solution to fix or replace sensors. Is there a way for tenants to pressure management so that our voices are heard? Thanks!

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.