The lessor is responsible for the maintenance of the property

Legal advisor: damage to the rental housing is not deducted from the insurance

  • Cleaning work and interior wall painting are among the obligations of the lessor.

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  • Wajih Amin Abdulaziz: Cleaning works and painting interior walls are among the obligations of the lessor.

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Tenants said that they suffer the intransigence of their lessors, and their deceit by them not to refund their insurance amounts to them when the rental period ends, and the tenant's desire to leave the house, or to deduct a large part of it.

They assured «Emirates Today» that the tenants of housing that they occupied are citing justifications for delaying the return of the insurance value to them, which leads many of them to give up the amount they paid when renting the house.

A legal advisor confirmed the existence of controls that would guarantee refunding the security amount to tenants of residential units, pointing out that the value of natural damage resulting from depreciation cannot be deducted from the insurance amounts.

And he demanded the tenants to know their rights, and not to give them up.

He also called on them to repair any damages to the leased eye before handing it over, to close the door to any fraud.

In detail, Muhammad al-Beheiri said that he spent about 10 years in the apartment that he rented, and when he decided to leave it, he was surprised by the office from which he rented the apartment refusing to return the insurance value, due to damage to the doors and the kitchen, pointing out that he was not scrutinizing the issue of annual maintenance of the apartment, and who It is normal for these damages to occur due to consumption.

Alia Abdul Salam reported that she faced intransigence from the lessor when she demanded the value of the insurance, and he decided to deduct a large part of it, claiming that the walls of the apartment needed to be painted, pointing out that she did not know that she, as the tenant, is responsible for that.

Fatima Ibrahim Al-Mahdi said that she expected the rental office to circumvent and evade the refund of the insurance value, because many offices do so, noting that there are damages that occurred in the bathtub resulting from normal consumption, as well as taking off the door handles, and the office told her that she bears these damages. He refused to return the insurance value to her.

For his part, Legal Advisor Wajih Amin Abdulaziz said that the rulings issued by the Rental Disputes Settlement Center have established that the comprehensive cleaning and interior wall paint work, after evacuating the leased property, fall within the obligations of the lessor and not the lessee.

He added that "damages that occur naturally within the framework of normal consumption are not deducted from the insurance, but only the value of damage to basic facilities that occurs due to intent, negligence or misuse."

He added that according to Article (16) of Law No. (26) of 2007 regulating the relationship between landlords and tenants of real estate in the Emirate of Dubai and its amendments, “The lessor is responsible during the lease period for property maintenance work, and for repairing any malfunction or defect that affects the fulfillment The tenant is the intended benefit, unless the parties agree otherwise.

It is also decided, pursuant to Article (20) of the same law, “that the lessor, upon concluding the lease contract, must obtain insurance from the tenant to ensure the maintenance of the property at the end of the contract period, provided that he is obligated to return this insurance or what remains of it to the tenant at the end of the contract.”

He explained that Article (21) states that “the tenant 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”.

Therefore, it is recommended that the tenant repair the basic damages, if any, before evacuating the leased property, in order to avoid deduction from the insurance value, and in the event of a dispute over the value of repairing these damages, resort to the Rental Dispute Resolution Center.

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