UAE Property: ‘Can my neighbours’ kids shout and play in the building common area?’

Question: I stay in a rented apartment . There are other families with kids on the floor. The kids play in the common area, shout hysterically and bang their tricycles on my apartment door. Although they have nannies to take care of them, they are not stopping the kids. This has become very disturbing. I complained to the agency that looks after the building. They did not reply to me directly, but I was told by the building security person that the agency would speak to tenants with kids . Despite my complaint, I am still facing the same issue. If the agency does not take any action, what can I do to stop this? Can I approach Dubai authorities to complain about these tenants ? SS, Dubai Answer: When it comes to noise , the authorities do take it seriously, but there is a process. Contacting the responsible person within the building management team is your first call and putting your issues in writing through email is also good as this will be shown as proof of the complaint. If this doesn’t work, try to speak to the parents of the children directly. Children need to let off steam, but this should be done outdoors, not in the common area of an apartment building. Since the weather is getting warmer, this may also not be possible. However, the common areas should be out of bounds to this kind of activity. Remember to stay calm when speaking to the parents as sometimes situations can get out of hand. However, if the issue persists after speaking with them, you can file a complaint with the Dubai Municipality. Q: I’m a landlord in Dubai and my tenant recently moved out but now expects to have his entire deposit returned. After he vacated, I went to check my apartment and found many problems. The property has neither been painted nor cleaned, and there were damages to the shower head and a leak under the sink. The balcony door was also loose and I found some cracked tiles in the laundry room. What are my rights regrading the tenant’s security deposit? I believe the deposit should cover this damage, but am I entitled to keep it? JS, Dubai A: Property damage is a common problem and one that often leads to more arguments when it comes to the return of the deposit. The first point to make is that you cannot just take the deposit due to the findings of your recent visit. There are more investigations to be carried out and you should start with your contract. The tenancy contract must clearly state that the security deposit can be withheld in case of damage beyond normal wear and tear. In an ideal world, there should be a moving-in condition report. If this is missing, it’s very much a “he said, she said” scenario and hard to prove what was or wasn’t damaged before the start of the tenancy. The condition report should mention the state of everything room by room, including walls, floors, fixtures and fittings and appliances, complete with photos. This way, it’s easy to confirm what is damaged and who is responsible for what. The report is then signed off by all parties, so no disagreements can happen at the end of the tenancy. The exit inspection is the final part to the inbound condition report. This is when the rooms are inspected again for any damage. You need to quantify the damage, don’t be vague and give a random dirham figure to repair. Get proper quotations to fix the damaged items, this will show you are being reasonable. Notify the tenant in a proper written way. Don’t just deduct the money, put the damages you’ve identified in writing and the estimated cost of the repair, provide photographic evidence and allow a reasonable time for the tenant to respond. Only after you follow all these steps and provide the tenant with evidence and costs can you go ahead and deduct from the deposit and return the remaining amount (if any) to the tenant as soon as possible. You may encounter the tenant quoting wear and tear. This is possibly the most disputed part of a contract and I wouldn’t have it written in a tenancy agreement because it’s open to too much ambiguity. Minor scuffs on some walls, faded curtains from the sun or slight loosening of door handles is permissible, but unfortunately, this can be stretched out by both parties to support their points of view. It is common practice to return a rented property in the manner it was given at the start of the agreement. You said the apartment was not painted nor cleaned. If you had given it freshly painted and cleaned, but didn’t receive it back in the same condition, this is deductible from the deposit. If the tenant disputes all the damages, you will have no alternative but to file a case at the rent dispute centre with all your documentation, the contract, the condition report, the photos and repair quotes, all of which will help your case. Judges at the RDC will review the evidence and make a decision. It’s important not to cut corners with proper procedures and workings at the start of a tenancy because in the long run, it will cost you more with disagreement and disputes. The opinions expressed do not constitute legal advice and are provided for information only. Please send any questions to mario@novviproperties.com