Who Pays for Repairs? What UAE Law Really Says About Landlord and Tenant Maintenance Responsibilities

Confusion over who bears responsibility for property maintenance is common among tenants and landlords in Dubai, particularly when it comes to distinguishing between minor repairs and major defects. The issue is governed by Dubai’s tenancy laws, which clearly set out the respective obligations of both parties during the term of a lease.

 

Under Dubai law, the general rule is that the landlord is responsible for maintaining the rented property so that it remains fit for its intended use. This includes carrying out maintenance works and repairing any breakdowns or defects that affect the tenant’s ability to fully enjoy the premises. Unless the tenancy contract states otherwise, this obligation rests squarely with the landlord throughout the duration of the lease.

 

The law further clarifies that a landlord is liable for any breakdown, damage or defect that occurs due to reasons beyond the tenant’s control. This typically covers structural issues, malfunctioning air-conditioning systems, faulty windows, water leaks caused by ageing infrastructure, and similar problems that arise without any fault or misuse by the tenant. Even if such damage is caused by a third party acting on the landlord’s behalf, responsibility remains with the landlord.

 

At the same time, tenants are not without obligations. A tenant is required to pay rent on time and take reasonable care of the property, maintaining it in the way an ordinary person would maintain their own home. This duty generally extends to minor, day-to-day upkeep, such as replacing light bulbs, tightening loose fittings, or handling small wear-and-tear issues that are customary for tenants to manage.

 

The law draws a clear distinction between minor maintenance and substantive repairs. While tenants may be expected to handle minor restorations that are customary or expressly agreed upon in the tenancy contract, they cannot undertake major repairs, alterations or restoration works without the landlord’s consent. In addition, any such work must comply with approvals and licences required by the relevant authorities.

 

Importantly, a landlord is also prohibited from making changes to the property that would prevent the tenant from using it for its intended purpose. If such changes result in damage or loss of use, the landlord is legally responsible for rectifying the situation.

 

In practical terms, this means that major maintenance and repair works remain the landlord’s responsibility, unless the tenancy contract clearly and specifically shifts certain obligations to the tenant. Clauses assigning maintenance costs to tenants must be explicit; otherwise, the default legal position applies.

 

Tenants, on their part, must ensure the property is kept in good condition, avoid causing damage, and refrain from carrying out unauthorised repairs or modifications. Any maintenance issues beyond routine minor upkeep should be promptly reported to the landlord.

 

In summary, Dubai law places primary responsibility for property maintenance on the landlord, while requiring tenants to exercise reasonable care and handle minor, customary upkeep. Clear tenancy agreements and open communication remain key to avoiding disputes over maintenance obligations.

 

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