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Abu Dhabi, UAE

Can the landlord take the security deposit for a default that was already there?

Hello,

I would like to ask if I am legally obliged to pay for damage to a unit I rented that I did not commit.

My family rented a unit in Abu Dhabi for 3 years. After a week of moving in, I found damage in the toilet that was already patched and fixed.

I reported it to the landlord through email to notify them that it is an existing issue. It was not discovered during the move-in inspection due to its inconspicuous location.

The landlord did not address the issue back then so I thought that this matter is settled.

I was surprised that after moving out, I was made to pay for the damage and the huge amount would be deducted from my security deposit. I told the landlord that this was already a reported and existing issue but they did not relent.

This was not noticed by their inspection team during move-out and was not even included in the report I signed. I pointed this out later to the team so that they could address this before a new tenant moves in.

Thank you so much.

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Khalifa Bin Huwaidan Advocates & Legal Consultants
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8 Nov 2022, 06:25

Dear User,

The tenant is not obliged to pay for damages that he/she did not commit during the tenancy period.

You may also refer to any relevant clauses in the tenancy contract.

In such a case, assuming there is some evidence or documentation to support your claim such as the email and the report, you may file a complaint with the RDC against the landlord and claim your money back.

Kind regards,

KHA Advocates.

8 Nov 2022, 08:09

Thank you so much for this detailed response. It is really very helpful.

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