Khaleej Times, Monday, Jun 05, 2023 | Thul-Qidah 16, 1444
Dubai: Can landlord deduct money for wear and tear from tenant's security deposit?
Emirates:
Question: How do you define 'reasonable' wear and tear for rental
properties in Dubai? I am moving out of my apartment next month, and other than
faded paint and some low-key drilling work (for clocks, paintings etc.), there
has been no structural damage. Can the landlord deduct anything from my security
deposit? If he does, can I contest it? If so, how?
Answer: Pursuant to your query, as you reside in a rented apartment in Dubai,
the provisions of Law No. 26 of 2007 Regulating the Relationship between the
Landlord and Tenants in the Emirate of Dubai are applicable.
It is the responsibility of a tenant to maintain a rented apartment in good
condition and may not make any restoration or maintenance works without
obtaining the permission of the landlord and necessary permissions from the
competent authorities. This is in accordance with Article 19 of the Dubai Rent
Law, which states, “A tenant must pay the rent on its due dates and must
maintain the real property in a good condition as a reasonable person would
maintain his own property. Without prejudice to the tenant's obligations to
carry out any restoration that is agreed upon or which is customary for tenants
to undertake, the tenant may not make any changes to carry out any restoration
or maintenance works in the real property without obtaining the permission of
the landlord and the necessary licenses from the competent official entities
Moreover, while vacating a rented apartment, a tenant needs to hand over the
possession of a rented apartment to a landlord in the same condition as received
by a tenant from the landlord, except for reasonable wear and tear. This is in
accordance with Article 21 of the Dubai Rent Law, which states, “Upon expiry of
the term of a rent contract, the tenant must surrender possession of the real
property to the landlord in the same condition in which the tenant received it
at the time of entering into the rent contract, except for ordinary wear and
tear or any damage sustained due to reasons beyond the Tenant's control. Where a
dispute between the parties arises in this regard, it shall be referred to the
Tribunal to issue its decision on the same.”
A landlord is obligated to refund the security deposit collected by a tenant
while vacating the rented apartment. This is under Article 20 of the Dubai Rent
Law, which states, “When entering into a rental contract, a landlord may collect
from the tenant a security deposit for the purpose of maintenance of the real
property upon the expiry of the rent contract. The landlord must refund this
deposit or the balance thereof of the tenant upon expiry of the rent contract.”
Based on the aforementioned provisions of law, faded paint in the wall, drilling
work to fix household items, paintings, clocks etc may be considered as
reasonable wear and tear. Therefore, your landlord should refund your entire
security deposit at the time of vacating the rented apartment. However, in the
event your landlord terms the drilling of walls and faded paints are not
reasonable wear and tear and deducts a certain portion of the amount from your
security deposit while refunding it to you or if he does not refund the security
deposit, then you may approach the Rental Dispute Centre of Dubai and file a
complaint against your landlord for not refunding your security deposit and the
Centre will issue its verdict on your complaint.