A definitive legal clarification has emerged regarding the perennial debate over maintenance responsibilities in Dubai’s rental properties, providing crucial guidance for both tenants and landlords. According to the emirate’s established tenancy legislation, the primary obligation for property upkeep falls squarely on property owners, not occupants.
The legal framework governing this matter is explicitly outlined in Law No. 26 of 2007, which regulates landlord-tenant relationships throughout Dubai. Article 16 of this legislation establishes that landlords must undertake all maintenance and repair works necessary to ensure tenants can fully enjoy their leased properties, unless both parties have mutually agreed to alternative arrangements specified within the tenancy contract.
Further reinforcing this principle, Article 17 specifies that property owners are accountable for addressing any breakdowns, impairments, defects, or damages that occur for reasons beyond the tenant’s reasonable control. This comprehensive protection extends to any unauthorized alterations made to the property, whether executed by the landlord directly or by persons authorized by them.
Tenants maintain specific responsibilities under Article 19 of the same legislation, which requires timely rental payments and obliges occupants to maintain the property with the same care an ordinary person would exercise with their own property. While tenants traditionally handle minor restorations customarily undertaken by occupants—such as replacing light bulbs or addressing minor leaks—any significant changes, restoration, or maintenance works require explicit landlord permission and necessary approvals from competent official authorities.
Legal expert Ashish Mehta, founder and Managing Partner of Ashish Mehta & Associates, emphasizes that while landlords bear statutory maintenance responsibilities, tenants must avoid undertaking unauthorized repairs or modifications. The fundamental principle remains that major structural and system repairs—including air conditioning, plumbing, electrical systems, and windows—constitute landlord responsibilities unless specifically agreed otherwise in writing within the tenancy contract.
This clarification provides valuable guidance for Dubai’s extensive rental market, ensuring both property owners and occupants understand their respective rights and obligations under Emirati law.
