Q: Hello, I need advice on claiming damages from a tenant who left my commercial premises in poor condition (e.g., damaged flooring, broken fixtures, broken partitions, and holes in the wall). What steps should I take to document the damage? How can I recover the costs, and do I need to file an RDC case? Can I withhold the security deposit, as the damages exceed the deposit amount?

Q: We have a tenant, it was clearly stated in the lease contract that she has to hand over the property in the same condition it has been handed over to her. Now, she's leaving the apartment in the Palm (2BR). Imagine 16 busted bulbs, the guard rail of the fridge is broken lots of nail holes and the property is dirty. She got it painted and cleaned and now she's claiming that she will report to RERA as she's not responsible for the painting and cleaning (so she wants a refund) and she's not going to replace those 16 bulbs and the guard rail in the fridge. When we handed over the property, we gave her 14 days to snag it and we rectified all the issues. Is she entitled to all these claims she's telling us? We are not giving back her deposit yet until she fixes the property. Do we have the legal right to demand these from her? I know the lights are consumables and she's supposed to replace it as all the lights were working when she got the keys. Thank you.

Q: Hello, Under what conditions can a landlord withhold the security deposit at the end of a lease?

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 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.

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.

The provisions of this Federal Decree-Law No. (31) of 2021 Promulgating the Crimes and Penalties Law, known as the "New UAE Penal Code", governs criminal actions in the United Arab Emirates. The New Penal Code repeals the previous UAE Penal Code (Federal Law No. (3) of 1987 Promulgating the Penal Code).

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. 

This Decree determines the maximum percentage of rent increase for real property in the Emirate of Dubai when renewing lease contracts.

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.