Q: Hello, Just need to clarify this. We are facing a serious (really horrible) drainage smell from the kitchen (sometimes we are unable to cook food due to the horrible smell) but unfortunately we can't give proof, pic... etc. on this case. The stinking smell is not consistent or regular but somedays morning or other days at night. The building maintenance clearly knows the issue but they are not able to do anything and management is not taking any action. The owner's office wont allow tenant's to contact the owner. Kindly advise and help.

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'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?

س: السلام عليكم، أحاول رفع دعوى ابتدائية ضد مستأجر سابق خرج من الشقة وخلّف وراءه أعطالاً ولم ينظف الشقة كما ورد في العقد. عندما وصلت لمرحلة طلبات الدعوى وأدخلت مطالبة مالية بسبب صيانة محددة القيمة، برزت رسالة في الأعلى تقول "رجاء تسجيل أمر أداء حيث أن الطلبات المقدمة تخص أمر الأداء فقط". عندما حاولت رفع الدعوى على أساس أمر أداء، طلب مني النظام تقديم وثائق غير موجودة حسب عقد الإيجار؛ مثلاً تعهد بالدفع أو ما شابه. كيف أحل هذه المشكلة؟ وتحت أي صفة يجب رفع مثل تلك الدعوى؟

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.