UAE Property: ‘Can my landlord charge a maintenance fee when I vacate?’

Question: I am writing to raise a concern regarding my recent experience with a property I vacated in the Al Jaddaf area in Dubai. When I first moved in, I submitted a security deposit of Dh4,000 ($1,089) for a unit measuring about 970 square feet.

The rent was initially Dh80,000, then increased to Dh85,000, and was most recently raised to Dh93,000 following a change in building management. Due to the continuous rent increases, I decided not to renew and chose to vacate.

During my two-year tenancy, the apartment experienced significant issues, such as cracks on the walls, the AC was never cleaned or serviced, the building’s alarm system frequently rang at night, and the gas provider disconnected the alarm because it rang for no reason.

Additionally, I personally paid to fix the shattaf and door, as maintenance requests during my tenancy were consistently ignored.

Despite all this, I have now been charged more than Dh1,400 for “maintenance” on vacating. I have asked the agent for a clear breakdown, and in response, I received unrelated images.

What is more troubling is the pattern of discrimination I encountered. As a 30-year-old Somali woman, I often felt treated unfairly. There were instances where agents openly said that they do not rent to Nigerians or Sudanese, and when confronted, they deflected responsibility by blaming the landlord.

I would appreciate your advice on how to escalate this matter. TA, Dubai

Answer: It is common practice to give back a rented property in the manner it was given at the start of the tenancy. If it was painted and cleaned before, this would need to be done while returning the property. This will ensure your deposit will not be withheld. Some landlords describe this work as maintenance but in reality, it is just presentation.

You mention a few points such as cracks appearing and that the AC was never cleaned. Unless the cracks were significant and you reported them, it is the landlord’s responsibility to sort these out, but again, unless they were structural defects, these cracks would normally disappear when the apartment would be decorated.

The AC cleaning would be done only if there is a contract to do so or by request from yourself and should be done at least once a year. It is not clear from your email if you complained about this. The building alarm going off is unfortunate but does not constitute a financial loss.

I have reviewed the list of maintenance charges against you, but find them to be reasonable. If you do not want them to charge you, your choice would be to sort out the cleaning and painting yourself.

I have not seen your tenancy agreement, but the common practice on maintenance issues is that if there is any issue below Dh500, this would be the tenant’s responsibility and above this sum is on the landlord. I can only assume the shattaf and door came to less than the Dh500.

Q: I want your guidance regarding a property transaction in process for a unit I am selling in Dubai. On May 15, I signed form F with a buyer, with the help of a registered broker. The contract is valid for two months from the date of signing.

Before the signing of form F and payment of the 10 per cent security deposit, the buyer had obtained mortgage pre-approval. However, the initial pre-approval has lapsed and a subsequent reapplication was unsuccessful. As of June 20, the broker is working to obtain a new pre-approval through a different financial institution.

As the contract is nearing expiry, will form F be at risk of breach due to the buyer’s inability to secure financing so far? Also, if the transaction fails to proceed due to the buyer’s financing situation, would I be eligible to claim the 10 per cent deposit or would this be subject to specific conditions or dispute resolution processes?

I want to understand the correct procedures and options available to me under current regulations. KK, Dubai

A: I only have the information given in your email, so I must make a few assumptions. I can only confirm your first question if there are certain clauses to confirm this in form F.

Sometimes, it is mentioned that if the buyer cannot get final approval on finance for whatever reason, the deal can be considered null and void without penalties. If this clause is present, the buyer can walk away from the deal without repercussions.

For your second point, the answer should be straightforward, but unfortunately it is not. Unless the buyer confirms in writing that they are in breach of the deal, you can only lay claim to the 10 per cent by filing a case at the Dubai courts. This will take time and be subject to fees.

The end result should be to sell the property but sometimes, things go wrong or take a while to sort, so I would organise an addendum or extension to form F to finalise the deal.

If things take too long or it is clear the buyer cannot purchase the property, only then should you seek legal recourse.

The opinions expressed do not constitute legal advice and are provided for information only. Please send any questions to mario@novviproperties.com

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