The prime responsibility of maintenance lies with the land lord in the Rental Property. Nonetheless, it is very common that a maintenance issue arises between tenants and the landlord. UAE Maintenance Laws are present that govern rental property matters. Professional lawyers’ assistance can also make it better. Furthermore, the matter is not left for the judge’s discretion; instead, there are comprehensive UAE laws that define it. It becomes easier to understand and makes it simpler to resolve disputes. The UAE law clearly states what are the roles and responsibilities of tenants and landlord. It provides better understanding regarding the rights and obligations. Real estate lawyers in UAE having Credability to serve the clients.
UAE Laws about Rental Property Maintenance:
UAE regulations established in detail the rights, obligations, how disputes are managed, and what laws are applicable in maintenance. Primarily, rental Property maintenance is governed by Federal laws and emirate-level tenancy laws. Professional advocates can teach well about emirate-based tenancy laws.
The federal law no. 26 of 2007 regarding the regulation of the Relationship between Landlords and Tenants explains about Maintenance related work and how it’s handled. Moreover, this law was amended in 2008 with significant changes. Moreover, the tenancy relations are also administered through certain legal provisions present in the UAE law.
Additionally, Dubai tenancy laws and other local regulations offer further clarification regarding this issue. The rules assist in resolving the conflict that can strain the relationships. It also gives a legal lens to the matter.
According to the law, maintenance is vividly distributed between tenants and landlord. However, it mainly depends upon the nature of the repairs. The regulation creates a balanced approach towards interests, rights, and obligations.
What are the Basic Principles of Maintenance under UAE Law:
The responsibility is determined via structurally related matters or use regarding issues. The general rule of thumb for maintenance is landlord is responsible for it. It includes the expenses needed to maintain the property in usable condition. It carries the necessary services.
Conversely, the tenant is mainly responsible for using the property ad return in usable condition. However, the tenant carries out the minor maintenance. He can do so without involving the landlord. It includes expenses that are an absolute need for day to day use.
Major Maintenance Lies with Landlord: By Law it’s up to Landlord:
The major maintenance is handled by the land lord. It is an obligation that can’t be ignored under the UAE law. The main major repair works are wall repair.
Plumbing works, electrical wiring related work, air conditions issues, and much more. The maintenance of Rental Property includes the major works, which are tackled by the landlord.
If the landlord refuses or ignores, the law permits the tenant to seek legal action against the landlord. The landlord has the ownership of the property, and thus, the structural responsibility lies with him.
Emergency Repairs and Maintenance in the UAE:
The urgent repair works must be notified to the landlord as early as possible. It may include the emergency maintenance that directly impacts the safety, health, or habitability of the rental property.
The work, such as leakage of water, electrical hazardous or air conditioning malfunctioning are all urgent repairs. If the land lord does not respond, the tenant is permitted to carry out the repairs on its own.
However, the repair costs are later reimbursed to the tenant by the landlord. All the urgency repairs are assessed depending upon the nature of the incident.
Minor Maintenance is for Tenant:
The tenant is mainly responsible for all kinds of minor maintenance. The minor maintenance refers to all the work that is directly related to day-to-day use. It also includes repairs related to changing of bulbs, replacement of lights, filter cleaning, or fixing the damage cause by tenant negligence.
All the damages that are a direct result of tenant negligence are borne by them. Moreover, the harm caused to rental property due to carelessness, misuse, or ignorance is also borne by the tenant. However, it exempts normal wear and tear of the property.
Legal provisions in Tenancy Agreements:
All tenancy contracts in the UAE carry the clauses for maintenance. The law often inculcates the definition of maintenance and also elaborates on responsibility.
The UAE law propels the 2 parties to agree on maintenance terms and conditions in advance. Besides, the clauses must not contradict the core legal obligations or UAE laws.
Therefore, the contract can clearly assign the maintenance duties to tenants and landlords. The UAE courts can enforce the terms agreed earlier. In addition, the landlord can shift all the structural maintenance in tenants. Certain portions and some of the obligations remain with the landlord. The wording of the contract plays a crucial role in the dispute resolution process. Changed responsibilities in
Furnished Rental Properties in the UAE:
There is a change in maintenance obligations for furnished properties. The landlord is the one who will take care of furniture and appliances repairs.
In furnished properties, it is the responsibility of the tenant to maintain the furniture and appliances. There is an increased responsibility on tenants as stated in rental contracts.
Notification of repairs at Earliest:
It is the obligations on tenant to notify to the landlord on immediate basis. Any delay in notifying the landlord can trigger problems; it could adversely impact the damage adversely. It also affects the liability. Therefore, it is often suggested that the maintenance work must be properly recorded.
EJARI Registration Process in the UAE:
There is a proper registration system named EJARI. This process allows the maintenance-related conflicts to be resolved via Rental dispute Centers. This will assist the landlord and tenants to resolve their matters via a structured system.
All the maintenance-related disputes are resolved via Rental Dispute Committees or the UAE courts. Quite often, the claims arise, and they are dealt with systematically. The centers or courts can order repairs, rental adjustment, or compensation.
Common Misconceptions about Maintenance Obligations:
The most common misunderstanding is that the tenant is responsible for all types of repairs and maintenance work. However, the major maintenance are accomplished by landlord. Tenant is also responsible for minor repair work. UAE law is clear, precise, and apt regarding the landlord and tenant responsibilities.
