KT reader wants to know whether her/his landlord can charge her/him for cleaning, pest control treatment and painting costs upon moving out
Question: I am moving out of my Dubai apartment this month. However, the real estate agency has sent me an email saying that, during the pre-move-out inspection, they found that the unit requires cleaning, pest control treatment and painting or repainting, and that I have to pay for these. Is this legal? What are my rights in this situation?
Answer: Since your apartment is in Dubai, the provisions of Dubai rent law apply.
In the emirate of Dubai, it is the responsibility of a tenant to maintain a rented apartment in a good condition and should make any changes with the prior consent of a landlord. This is in accordance with Article 19 of the Law No. 26 of 2007 Regulating the Relationship between Landlord and Tenants in Dubai (the ‘Dubai Rent Law’), which states:
“A tenant must pay the rent on its due dates and must maintain the real property in a good condition as a reasonable person would maintain his own property. Without prejudice to the tenant’s obligations to carry out any restoration that is agreed upon or which is customary for tenants to undertake, the tenant may not make any changes to carry out any restoration or maintenance works in the real property without obtaining the permission of the landlord and the necessary licenses from the competent official entities.”
Further, while vacating a rented apartment, a tenant should handover the possession of a rented apartment to a landlord in the same condition as at the time a tenant received a rented apartment from a landlord, except to reasonable wear and tear. This is in accordance with Article 21 of the Dubai Rent Law, which states:
“Upon expiry of the term of a rent contract, the tenant must surrender possession of the real property to the landlord in the same condition in which the tenant received it at the time of entering into the rent contract, except for ordinary wear and tear or any damage sustained due to reasons beyond the Tenant’s control. Where a dispute between the parties arises in this regard, it shall be referred to the Tribunal to issue its decision on the same.”
Moreover, a landlord is obligated to refund the security deposit collected by a tenant while vacating a rented apartment. This is in accordance with Article 20 of the Dubai Rent Law, which states: “When entering into a rent contract, a landlord may collect from the tenant a security deposit for the purpose of maintenance of the real property upon the expiry of the rent contract. The landlord must refund this deposit or the balance thereof of the tenant upon expiry of the rent contract.”
Based on the aforementioned provisions of law, a tenant is obligated to return the rented apartment in the same condition in which it was received, subject to ordinary wear and tear.
Therefore, the landlord or real estate agency may claim charges for cleaning, pest control treatment, or repainting if the condition of the apartment goes beyond normal wear and tear and if the terms of the tenancy require the tenant to return the apartment after painting it at the time of vacating it. However, if you believe that such deductions are unreasonable or excessive, you may request supporting evidence for the claimed charges and may approach the Rental Disputes Centre in Dubai.
Applicable law:
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Law No. 26 of 2007 Regulating the Relationship between Landlord and Tenants in the Emirate of Dubai
Disclaimer: The information provided above is intended for general guidance and does not constitute legal advice. It is recommended to seek formal legal counsel.
Ashish Mehta is the founder and Managing Partner of Ashish Mehta & Associates. He is qualified to practise law in Dubai, the United Kingdom and India. Full details of his firm on: . Readers may e-mail their questions to: or send them to Legal View, media, PO Box 11243, Dubai.
