Questions & Answers
Responsibility for the maintenance of defects in a rented apartment
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!
Dear Questioner,
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."
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."
Please send us the Tenancy Contract and the relevant documents to review the matter in detail on legal@raalcuae.com.
Regards,
Sunil Ambalavelil
