Dubai rental repairs: Who pays for maintenance and damage?

Dubai: When something breaks in a rented home, it is not always clear whether the landlord or tenant should pay for the repair. A faulty air-conditioning system, leaking pipe or damaged fixture can quickly turn into a dispute, particularly when the tenancy contract contains its own maintenance clause.

Dubai’s rental law sets out general responsibilities for landlords and tenants, but the answer can also depend on the type of repair, who caused the damage and what has been agreed in the tenancy contract.

Under Dubai’s Law No. (26) of 2007 Regulating the Relationship between Landlords and Tenants in the Emirate of Dubai, the law provides a framework for determining maintenance responsibilities. However, the practical answer can depend on the nature of the problem, who caused it and, importantly, what has been agreed in the Ejari-registered tenancy contract.

According to Salam Pappinissery, CEO of YAB Legal Services, Article 16 of Law No. 26 of 2007 states that, unless otherwise agreed, the landlord is responsible for maintaining the property and carrying out repairs necessary to keep it fit for its intended use throughout the lease term.

Who is responsible for repairs in a Dubai rental?

The general distinction is between major repairs and essential building systems, which fall on the landlord, and minor, day-to-day maintenance, which is generally the tenant’s responsibility.

“The Landlord is legally obligated to handle structural issues, major building systems (like central AC chillers, main electrical wiring, and internal plumbing infrastructure), and any defects that compromise the habitability of the unit,” Pappinissery explained.

Tenants, meanwhile, are responsible for routine upkeep.

“Article 19 dictates that the tenant must maintain the property in the manner an "ordinary person would maintain his own property.” This includes routine tasks like cleaning AC filters, replacing light bulbs, and basic drain clearing.”

In practical terms, tenants would generally be expected to take care of ordinary household maintenance, while landlords remain responsible for significant faults affecting the property or its essential systems, subject to the terms of the tenancy agreement.

Does a maintenance company remain responsible for repairs?

Many Dubai landlords use third-party facility management and maintenance companies to manage repairs across their properties. But appointing a contractor does not necessarily transfer the landlord’s legal responsibility to the tenant.

“While a landlord can delegate the execution of maintenance to a third-party contractor, they cannot delegate their legal liability under the tenancy contract,” Pappinissery explained.

“If a contracted maintenance company fails to respond to an emergency, performs substandard work, or ignores requests, the tenant’s legal recourse remains strictly against the landlord.”

The landlord may then seek damages or other remedies from the maintenance company under their separate corporate service agreement.

However, from the tenant’s perspective, and in proceedings before the Rental Disputes Settlement Centre (RDSC), the statutory responsibility remains with the property owner.

Can a landlord refuse to repair damage caused by a tenant?

A landlord may refuse to bear the cost of a repair if the tenant caused the damage but the claim must be supported by evidence.

“If a tenant willfully damages the property, acts with gross negligence, or alters the property without permission, the financial burden shifts to them. However, a landlord cannot simply refuse to fix an essential system (like an AC unit) based on an unsubstantiated claim of tenant misuse,” Pappinissery said.

This means that simply alleging that a tenant caused a fault is not necessarily enough to transfer the cost.  If a dispute arises over the cause of the damage, the RDC will look at several determining factors to assign cost:

• Check-in/check-out reports: Was the item already degrading at handover?

• Nature of the failure: Is the issue related to the internal mechanics of a system (usually landlord) or external physical impact (usually tenant)?

• Technician assessments: Independent, written reports from licensed contractors detailing exactly why a system failed.

• Notice timelines: Did the tenant ignore a small leak until it caused catastrophic water damage? If so, the tenant’s negligence in reporting the issue may make them liable for the expanded costs.

Can a tenancy contract make tenants pay for repairs?

Yes, landlords and tenants can agree to specific arrangements for minor maintenance costs in the tenancy contract.

“Landlords and tenants frequently include a "minor maintenance clause" in their addendums for example, stipulating that the tenant pays for any repair under Dh500, while the landlord covers anything above that threshold,” Pappinissery explained.

Article 16 allows the parties to agree otherwise, meaning that a monetary threshold for minor repairs can be included in the tenancy agreement and, provided the contract is registered in Ejari, can be legally enforceable.

This makes it important for tenants to check the maintenance clause before signing a rental agreement, rather than assuming that all repairs will automatically be paid for by the landlord.

Can a landlord transfer all maintenance costs to the tenant?

There are limits to what can be shifted to the tenant through a tenancy agreement.

While the parties can agree on responsibility for minor repairs, a landlord cannot simply transfer their fundamental responsibility for maintaining the property’s essential systems and habitability to the tenant.

“A clause stating that the landlord's total maintenance liability for the year is capped at Dh2,000, or a clause forcing the tenant to replace a failed chiller system, would likely be struck down by the RDC,” Pappinissery said.

“Major structural repairs and the maintenance of essential systems provided with the property cannot be completely shifted to the tenant, as doing so violates the fundamental purpose of the lease: providing a habitable dwelling,” he added.

This distinction is particularly important where a tenancy agreement contains broad or unclear maintenance wording. A clause dealing with minor repairs does not necessarily mean that a tenant can be made responsible for replacing a major building system.

How can landlords and tenants avoid rental repair disputes?

The best way to prevent disagreements over maintenance is to establish responsibilities clearly before the tenancy begins and keep a written record throughout the rental period.

Pappinissery said a well-drafted maintenance clause is one of the most effective safeguards against future disputes.

“Relying on vague terms or verbal agreements leaves both parties vulnerable to expensive, time-consuming RDC litigation.”

For tenants and landlords, the practical approach is straightforward:

• Check the maintenance clause before signing the tenancy agreement.

• Make sure the agreement is registered in Ejari.

• Keep check-in and check-out reports documenting the property’s condition.

• Report faults promptly and in writing.

• Keep records of maintenance requests and responses.

• Ask for written technician reports where there is a dispute over the cause of damage.

• Keep evidence of any alterations or repairs carried out during the tenancy.

Whether you are a property owner protecting your asset or a tenant ensuring your living standards, the golden rule remains the same - document everything, communicate in writing, and ensure your contract explicitly defines the boundaries of repair.