Dubai tenant refuses to return keys after ‘bogus’ repair list from landlord

Holding on to a property's keys and access cards won't encourage the landlord to return the security deposit, Mario Volpi advises.

Mario Volpi advises on the latest property issues. Pawan Singh / The National

My tenancy has ended (I was evicted) and the landlord contacted me with quite a bogus list of repair costs that conveniently totals the amount of my security deposit (Dh2,500). Communication has completely broken down with no compromise in sight. I have already moved out but the keys/access cards are in my possession. I don't feel it is in my best interest to return them unless I get my deposit back. MK, Dubai

The rental property has to be returned to the landlord in the same condition as it was given at the beginning of the agreement. I assume therefore that it was given to you freshly painted and cleaned, if this is so then this is how it has to be returned. If you haven’t done this then the landlord has every right to use the deposit for this purpose. If you did get it painted and cleaned then I suggest you set up a meeting with the landlord to come up with an agreement. I understand that your relationship with him may have broken down, but a compromise has to be sought. The fact that you still hold the keys and access cards may seem you have a trump card, but remember that the locks can be changed and more access cards can be bought. Given the size of the deposit, your only weapon has to be diplomacy to get to a mutual understanding.

I have been in a fully furnished apartment for nearly two years and extended my lease for another year last December. Is it my landlord's responsibility to renew/update the furniture such as a sofa? Or if I want to buy my own sofa, should the landlord be responsible for moving the current furniture out? JP, Dubai

The first question that comes to mind in response to your query would be: what state is the furniture in at the moment, is it broken or requiring repair? If the answer is yes, then it is the responsibility of the landlord to repair or replace as necessary, unless the reason for the repair or replacement is down to your negligence. If, however, there is nothing wrong as such with the furniture but you just fancy getting new items for yourself, then the cost of removal and storage of the old furniture has to be down to you as the tenant. When you finally vacate, the original furniture/sofa would have to be returned to the property. All of this is open to negotiation, as you may have a generous landlord who doesn’t mind you replacing items for new ones, but I guess these new pieces would then have to remain when you finally vacate.

My contract is due to expire this month. So far the landlord has not said anything regarding rent or an extension to the contract. To my knowledge the contract is automatically renewed for the same price, terms and conditions when no notice is served two months prior to expiry. Do I have the right to extend for the same price, terms and conditions? IE, Abu Dhabi

Sixty days before the expiry of the contract, either party has to get in touch with the other to effect several scenarios. For example, if the landlord wants to increase the rent, he can do so only by giving 60 days’ notice of this change. Alternatively, if he doesn’t want to renew the contract, again he has to give the 60-day notice prior to expiration of the contract.

Similarly if the tenant does not want to renew the agreement or he wishes to effect any agreed changes to the contract, 60 days’ written notice has to also be given. If no communication between either parties happen during this window, then legally the contract is renewed automatically for the same terms and conditions as before. Therefore, given that we are already in October and your landlord has not communicated with you, you can naturally assume that legally he has to renew your lease for one more year on the same terms and conditions and rental amount as before.

Mario Volpi works at Asteco property management and has more than 30 years of experience in the real estate industry in Dubai and London. Send any questions to [e-mail].

The advice provided in our columns does not constitute legal advice and is provided for information only.

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