Tenant is obligated to surrender the possession of the rented apartment to the landlord in the same condition in which he received it.
Q: I am vacating my rented apartment within a week and will be shifting to a new flat.
The landlord of the apartment where I am currently residing has called upon me to return the accommodation in the same condition as I had received it. Am I obligated by law to pay for the expenses related to repairing any wear and tear that has occurred in my current apartment while I was residing in it as a tenant?
A: Pursuant to your query, it is assumed that you are residing in a rented apartment situated in the emirate of Dubai and therefore the provisions of Law No. 26 of 2007 regulating the relationship between landlords and tenants in the emirate of Dubai (the ‘Dubai Tenancy law’) and Law No. (33) of 2008 Amending Law No. (26) of 2007 regulating the relationship between landlords and tenants in the emirate of Dubai (the ‘Amended Dubai Tenancy Law’) are applicable.
It may be noted that a tenant is obligated to surrender the possession of the rented apartment to the landlord in the same condition in which he received it at the time of entering into the rental contract, except for the ordinary wear and tear. This is in accordance with Article 21 of the Dubai Tenancy Law which states: “Upon the expiry of the term of the lease contract, the tenant must surrender possession of the real property to the landlord in the same condition in which the he received it at the time of entering into the lease agreement, except for ordinary wear and tear or for damage due to reasons beyond the tenant’s control. In the event of dispute between the two parties, the matter must be referred to the tribunal to issue an award in this regard.”
Further, the landlord is responsible to repair the defect, damage, deficiency in the rented apartment which occurs due to normal wear and tear and such damages and defects are not due to the negligence or intentional actions of the tenant. This is in accordance with Article 17 of the Dubai Tenancy Law which states: “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.”
Based on the aforementioned provisions of the Dubai Tenancy Law, it may be noted that if any defect, damage, deficiency, and ordinary wear and tear occurs to the rented apartment due to the actions of the tenant or reasons which are within his control, then the tenant is responsible for it.
It is understood that the landlord is calling upon you to bear the expenses of repairing the wear and tear that has occurred in the rented apartment. If the wear and tear is ordinary and reasonable in nature, you may approach the Rent Dispute Settlement Centre (RDSC) based in the Land Department at the emirate of Dubai and file a complaint against your landlord. You may carry with you to the RDSC current photographs of the premises and photographs of the premises while the rented apartment was handed over to you by the landlord.
