If a rented property sustains damage as a result of severe weather conditions, the question arises as to who bears the legal responsibility for covering the cost of repairs – the landlord or the tenant?
Who pays for repairs? It’s usually your landlord’s responsibility
Rental laws in Dubai, Abu Dhabi, and Sharjah all place the responsibility for repairs and maintenance on the landlord. It is important to understand the specific rental laws that apply to the emirate in which you reside. Here is a breakdown of the key points to consider in each emirate.
Abu Dhabi
Referring to Article 7 of the Abu Dhabi Rental Law – Law No. 20/2006, which states: “The landlord shall maintain the leased property to keep it fit for use and shall carry out all necessary repairs excluding rental repairs during the rental period unless otherwise agreed.”
If the tenant is unable to use the property due to maintenance issues, they have the right to seek resolution through the emirate’s Rental Dispute Centre. Tenants need to take action within one month of the issue arising to ensure a timely resolution.
According to the laws mentioned above, the landlord is responsible for covering all maintenance costs unless stated otherwise in the tenancy agreement. Tenants should be proactive in seeking legal assistance to protect their rights and ensure they do not miss out on claiming what is rightfully theirs.
Reimbursement rights
By the UAE’s Civil Code, specifically Article 767 (1) of Federal Law No. 5 of 1985, tenants have the right to request reimbursement from the landlord for maintenance work expenses incurred. This provision applies to significant defects that prevent the tenant from fully benefiting from or enjoying the property.
In cases of minor defects, as outlined in Article 767(2), tenants have the option to address urgent issues themselves if the landlord fails to respond or cannot be reached. In such instances, tenants may cover the expenses incurred and later seek reimbursement from the landlord or deduct the costs from the rent owed.
Dubai
According to Dubai’s tenancy regulation, Law No. 26 of 2007, the landlord is obligated to cover all maintenance costs unless otherwise specified in the tenancy contract. Article 17 of the same law further clarifies that the landlord is responsible for any defect or damage not caused by the tenant.
If maintenance expenses are significant, the tenant has the right to request reimbursement from the landlord, as outlined in the law. However, if the tenancy contract includes specific terms regarding maintenance responsibility, those terms will take precedence as per Article 16 of Law No. 26 of 2007. If the contract does not address maintenance responsibilities, the matter must be resolved through a maintenance case filed against the owner in the Rental Dispute Centre.
Sharjah
The landlord is responsible for all maintenance work during the lease period unless otherwise agreed upon by both parties. This obligation is outlined in Sharjah Law No. 2 of 2007, which addresses the maintenance responsibilities of landlords.
According to Article 9 of the law, the landlord must ensure that the leased premises are maintained in a condition suitable for use throughout the lease period. This includes handling all necessary maintenance work without requiring additional rental payments unless otherwise specified in the lease agreement.
However, Article 10 of the law also brings in the responsibility of the tenant in cases of damage, stipulating that “they must utilize the leased premises in accordance with the terms outlined in the contract and in alignment with its intended purpose or customary usage”.
This highlights the importance of tenants avoiding activities that may result in damage to the property and then expecting the owner to cover the cost of repairs. Article 9 indicates the landlord’s responsibility for maintaining the property. Tenants need to be mindful of their actions to ensure the property remains in good condition and to avoid any unnecessary expenses for the landlord.
What if your landlord does not address the repair request?
If a landlord refuses to make necessary repairs, tenants have options available to them as outlined in Article 8 of the emirate’s rental law. These options include requesting the rental dispute committee to terminate the contract or asking for a rent decrease proportional to the damage.
The law has put in place legal procedures to empower tenants to assert their rights in cases where landlords are uncooperative with property maintenance. These legal measures act as a safety net, preventing tenants from being unfairly burdened with responsibilities that are the landlord’s duty to fulfill.
Should one still get renters’ insurance?
Tenants are advised to consider obtaining content insurance or tenant insurance in addition to their lease agreement. This type of insurance covers personal belongings and provides alternative accommodation in case of unforeseen circumstances.
In the UAE, various insurance companies offer different types of coverage for tenants. However, it appears that many tenants in the UAE do not currently have insurance coverage. Tenants need to protect their personal belongings and have a safety net in place in case of emergencies. Consider exploring insurance options to ensure peace of mind and protection for your belongings.
When it comes to the rights of tenants and potential solutions to their issues, the outcome can vary depending on individual circumstances and the type of insurance coverage in place.
For instance, tenants who have obtained content insurance can benefit from coverage under their policy. This means that any damages to their personal belongings, including furniture, appliances, and other valuable assets, will be protected by the insurance plan. Additionally, certain insurance policies may also provide coverage for temporary accommodation in certain situations.
It is important for tenants to carefully review their insurance policies to understand the extent of their coverage and ensure they are adequately protected in the event of any unforeseen circumstances. By being informed and proactive, tenants can better navigate any challenges that may arise during their tenancy.
What happens if one doesn’t have renters’ insurance?
Tenants who do not have insurance may have different options depending on the cause of the damage. If the property was seriously damaged due to the landlord’s negligence or fault, tenants may be able to seek compensation from the landlord for those damages. For example, if landlords repeatedly ignore requests from tenants to address obvious issues like broken windows or a damaged roof, tenants may have a valid claim against the landlord.
Even in cases where the damage was caused by defective construction, tenants still have rights against the landlord. This is because the damage directly affects the property itself, which is tied to the responsibilities of property ownership.
