Khaleej Times, Sun, Mar 10, 2024 | Shaban 29, 1445
Dubai: What can tenant do when landlord doesn't respond to serious requests?
Emirates:
Question: I have rented a one-room apartment in Dubai. Due to a leakage
in my water heater recently, the apartment was in a mess. I have requested
maintenance, but the landlord has not responded. I am afraid that the heater
will explode. In such situations, what do I do?
Answer: Pursuant to your queries, as you are residing in a rented
apartment in Dubai, the provisions of Law No. 26 of 2007 Regulating the
Relationship Between Landlords and Tenants in the Emirate of Dubai, Law No. 33
of 2008 Amending Law No 26 of 2007 Regulating the Relationship between Landlords
and Tenants in the Emirate of Dubai and Federal Decree Law No. 31 of 2021 on the
Issuance of the Crimes and Penalties Law are applicable.
In Dubai, it is the responsibility of a landlord to provide rented premises to a
tenant in good condition. This is in accordance with Article 15 of the Amended
Dubai Rent Law, which states, "A landlord shall be bound to hand over the real
property in a good condition which allows the tenant to fully use it as stated
in the rent contract."
Moreover, it is the responsibility of a landlord to carry out the repair works
and maintenance of the rented premises unless otherwise it is stated in the
tenancy contract that the tenant is liable to repair and maintain the same. This
is in accordance with Article 16 of the Dubai Rent Law, which states, "Unless
otherwise agreed by the parties, a landlord shall, during the term of the rent
contract, be responsible for the real property maintenance works and for
repairing any breakdown or defect the tenant's full intended use of the real
property."
Based on the aforementioned provisions of law, your landlord is liable to repair
and maintain the water heater. However, it may be your responsibility if the
tenancy contract states that you are liable for the repair and maintenance of
the rented apartment.
In addition, as you are concerned that the water heater may explode, you may
consider filing a criminal complaint with the Dubai Police against your landlord
if the tenancy contract states that maintenance/replacement of the water heater
is the responsibility of the landlord and if the landlord has failed to comply
with the terms of the tenancy contract. Any act by an individual which endangers
the safety of other individual(s), such act may be considered a criminal act.
This is in accordance with Article 399 of the UAE Penal Law, which states, "Any
person who willfully commits any act which may endanger the life, safety,
security, or freedom of people shall be liable to a jail sentence and a fine or
either one of these two penalties.
Without prejudice to any other more severe penalty specified by the law, the
penalty shall be a jail sentence if the act results in any damage of
whatsoever."
For further clarifications on these matters, you may contact the Dubai Rental
Dispute Centre and the Dubai Municipality.