Maintenance Obligation (Dubai)

Article 16 of Law No. 26 of 2007 places the landlord under a statutory obligation to maintain the property in a condition fit for its intended use throughout the tenancy. This means the landlord must repair any defect that arises from the property's structure, systems, or fixtures — regardless of whether the tenancy contract states otherwise.

In practice, the distinction that matters is between major/structural repairs (landlord's responsibility) and minor/routine maintenance (tenant's responsibility). Courts and the RDSC typically treat the following as landlord obligations: AC system failures, major plumbing faults, roof leaks, lift maintenance, structural cracks, and pest infestations linked to building fabric. Tenants are generally responsible for: replacing lightbulbs, unblocking drains caused by their own use, minor redecorating, and servicing appliances they brought into the property.

A landlord who refuses to carry out necessary major repairs is in breach of Article 16. A tenant in this situation should document the defect with photos and a dated written request to the landlord, follow up formally (ideally via notarial notice), and if the landlord still fails to act, file a complaint at the RDSC or apply to the municipality.

Tenants also have a limited right to carry out emergency repairs at the landlord's expense if the landlord cannot be contacted or refuses to act and the defect poses an immediate risk to health or safety. This should be done with caution — documentation, quotes from licensed contractors, and a formal paper trail are essential before incurring costs the tenant intends to claim back.