Leasing Property And Maintenance Responsibilities

Overview

Leasing property in the UAE is governed by a well-established framework of rental laws that aim to balance the rights and obligations of both landlords and tenants. One of the most important aspects of this relationship relates to maintenance and repair responsibilities, as disputes often arise over who is legally responsible for certain costs.

Under UAE rental legislation—most notably Dubai Law No. 26 of 2007 (as amended by Law No. 33 of 2008) and similar regulations in other Emirates—the general principle is that:

Landlords are obliged to hand over the property in a condition fit for its intended use, maintain the property's structure and major repairs, and ensure utilities and essential services remain functional.

Tenants are required to use the property with due care, carry out routine maintenance of minor repairs, and avoid making unauthorized alterations.

The allocation of these duties can also be further clarified in the tenancy contract. However, any contractual term that contradicts the mandatory provisions of the rental laws may be deemed unenforceable.

Understanding the division of maintenance responsibilities not only prevents disputes but also ensures smoother landlord-tenant relationships and better compliance with local regulations. This practice note provides a concise guide to the statutory framework, common contractual practices, and practical considerations for both parties in leasing arrangements across the UAE.

Definitions

UAE: United Arab Emirates.

LAW: No. 26 of 2007 (as amended by Law No. 33 of 2008) and similar regulations in other Emirates.

Practical Guidance:

When entering into a lease agreement in the UAE, both landlords and tenants should have a clear understanding of their rights and obligations regarding maintenance. Disputes commonly arise from uncertainty over who is responsible for specific repairs or costs. The following guidance provides practical steps to help parties avoid conflict and ensure compliance with UAE rental legislation.

1. Review the Applicable Law

• In Dubai, reference Law No. 26 of 2007 as amended by Law No. 33 of 2008.
• In Abu Dhabi and other Emirates, local municipal regulations and rental dispute settlement procedures apply.
• Remember: mandatory provisions of law will override any contradictory contract clause.

2. Landlord's Practical Duties

• Deliver the property in a condition fit for the agreed use.
• Maintain the structure, major repairs, and essential utilities (water, electricity, air conditioning, elevators).
• Respond promptly to significant repair requests to avoid claims of breach.
• Keep documentary evidence of maintenance and repair works undertaken.

3. Tenant's Practical Duties

• Use the property responsibly and in accordance with the lease.
• Handle minor maintenance and routine repairs (e.g., light fixtures, small plumbing leaks, basic cleaning).
• Avoid making alterations without written landlord approval.
• Report defects or damages promptly to the landlord.
• Return the property in substantially the same condition at the end of the lease, subject only to fair wear and tear in the ordinary course of use.

4. Contractual Clarification

• Clearly allocate responsibilities in the lease contract to minimize disputes.
• Specify what constitutes "major" vs. "minor" maintenance.
• Include a procedure for notifying and addressing repair issues (timelines, contact persons).
• Ensure clauses comply with UAE law, otherwise they may be unenforceable.

5. Dispute Avoidance & Resolution

• Keep written communication (emails, notices) as evidence.
• Maintain receipts and invoices for repair costs.
• Attempt amicable settlement before escalating disputes.
• If unresolved, parties may refer disputes to the Rental Disputes Centre (Dubai) or the relevant municipal authority in other Emirates.

6. Key Takeaway

Clarity and compliance are essential. Landlords should ensure the property is safe and habitable, while tenants must take care of minor maintenance and avoid misuse. A well-drafted lease agreement, aligned with UAE rental laws, is the most effective tool to prevent disputes and safeguard both parties' interests.

Conclusion

Leasing property in the UAE requires both landlords and tenants to understand their respective rights and obligations, particularly regarding maintenance responsibilities. The law provides a clear framework: landlords must ensure the property remains structurally sound and habitable, while tenants are responsible for routine upkeep and minor repairs. However, the most effective way to avoid disputes is through a well-drafted lease agreement that clearly allocates duties in line with statutory requirements. By combining legal compliance with practical clarity, both parties can maintain a balanced relationship, reduce the risk of conflict, and safeguard their interests throughout the tenancy period.

Related Content and legislation

1. Legal Framework References

• Dubai: Law No. 26 of 2007 (Regulating the Relationship between Landlords and Tenants in the Emirate of Dubai), amended by Law No. 33 of 2008.
• Abu Dhabi: Law No. 20 of 2006 concerning the leasing of properties and its amendments.
• Sharjah & other Emirates: Law no. (5) of 2024 concerning the leasing of properties in Emirate of Sharjah, and by local municipality regulations and rental dispute resolution committees.
• Federal Law No. 5 of 1985 (UAE Civil Transactions Law): Provides general provisions on lease contracts.
• Federal Decree by Law No. 42 of 2022 Promulgating the Civil Procedure Code (civil procedure law).

2. Key Judicial Practice

• The Dubai Rental Disputes Centre (RDC) often classifies repairs into two categories:
  • Major repairs → landlord's responsibility (structural, essential utilities).
  • Minor/ordinary maintenance → tenant's responsibility (routine upkeep).

• Courts emphasize fitness for intended use: landlords must ensure the property is usable throughout the lease.

3. Common Disputes in Practice

• Landlord refusing to cover major air-conditioning or elevator repairs.
• Tenant failing to conduct routine upkeep, leading to property damage.
• Disagreement over what constitutes "major" vs. "minor" maintenance.
• Claims for compensation due to delayed repairs affecting business operations (for commercial leases).

4. Best Practices for Drafting Tenancy Contracts

• Define responsibilities clearly: e.g., "Landlord shall be responsible for all structural and major system repairs, while Tenant shall cover day-to-day maintenance not exceeding AED [X] per repair."
• Inspection clause: Allow the landlord periodic inspections (with notice).
• Dispute mechanism: State that disputes will first be resolved amicably before escalation to the Rental Disputes Centre.
• Deposit clause: Clarify conditions for deduction from the security deposit at lease end.

5. Practical Tips for Tenants and Landlords

• Tenants: Always report issues in writing and keep receipts for minor repairs.
• Landlords: Maintain service records and respond promptly to repair requests.
• Both parties: Take dated photographs at handover and return of the property.

6. Policy & Market Considerations

• Rental laws are designed to protect both sides, but tenants often benefit from stronger consumer protection to ensure habitability.
• In commercial leases, contractual freedom is broader, but courts will still override unfair terms that contradict mandatory provisions.
• Increasingly, large landlords (especially in Dubai & Abu Dhabi) include standard maintenance clauses to reduce disputes.

Originally published by LexisNexis

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.