"Handing over the property without maintenance" requires a rental company to pay the owner 518.9 thousand dirhams

The Rental Disputes Settlement Center, the judicial arm of the Dubai Land Department, obligated a tenant to pay maintenance fees of 518,942 dirhams.

The reasons for the verdict, a copy of which Emirates Today reviewed, indicated that the case relates to a lease contract between two companies, one of them “the lessor” and the other “the tenant” with a rental value of more than 29 million dirhams, as the leasing company delivered the property to the leasing company without maintenance. Which was proven in a record between the two parties.

The preliminary ruling issued by the center stated that the leasing company has filed a lawsuit demanding the leasing company to return the amount of the rental security, whose value is estimated at 469 thousand dirhams, which was previously received at the beginning of the contract, in order to deliver the rent (a building consisting of 261 housing units).

Maintenance work

For its part, the leasing company refused to return the rental insurance, as it proved in papers (a report signed between the two parties), that the leasing company delivered the property without maintenance, and that maintenance work in the building needs time, which will cause damage to the owner (the leasing company), This prompted the committee hearing the case to delegate an expert estimating the maintenance fees and the rental period needed by the building.

The report of the real estate expert concluded that the tenant handed the lease over to the lessor on 01/23/2020 and was in need of maintenance estimated at 113 thousand and 942 dirhams, and that the expected period for completion of maintenance work is estimated at 45 days at an amount of 405 thousand dirhams, so that the amount owed by the tenant The benefit of the lessor is 518 thousand and 942 dirhams, which made it judge in the interest of the leasing company the value of the maintenance bill estimated by the expert, in addition to the rental allowance for the days that the maintenance process took.

Appeal

In turn, the charter company appealed the ruling, but the court upheld its previous ruling, and responded to a request from the charter company to set off a clearing process between the insurance amount and the amount requested from the company.

The reasons for the ruling confirmed that the committee based its judgment on Law No. (26) of 2007, amended by Law No. 33 of 2008 regarding the regulation of the relationship between lessors and tenants of real estate in the Emirate of Dubai, which stipulated that the lessor, upon concluding the lease contract, must collect from the tenant a insurance to ensure the maintenance of the property Upon the end of the contract period, provided that the lessor is obligated to return this insurance, or what is left of it, to the lessee at the end of the contract.

It also stipulated that the lessee is obligated at the end of the lease to hand over the property to the lessor in the state in which he received it, at the time of the contract, except for what was lacking as a result of his normal use, or for a reason beyond his control.

In the event that the two parties disagree on this, the matter is referred to Heaven to issue its decision in this regard.

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