UAE landlord wants to keep more of the deposit than tenant thinks is justified

A Dubai landlord is taking their tenant 'for a ride' by keeping 80 per cent of the deposit for painting and minor maintenance.

Landlords take rental deposits to cover the cost of bringing the apartment back to the state it was in when the rental contract began. Ravindranath K / The National

My landlord is holding me accountable for 80 per cent of our deposit to cover painting the walls and doing minor maintenance in the apartment. When we received the apartment it wasn't deep cleaned or painted and now two years later I am being held responsible and paying what seems to be an exorbitant amount for basic wear and tear. This has outraged my wife and I and we are simply lost for words. What advice would you give us? AB, Dubai

It is not uncommon for disputes to arise when a tenant vacates, mainly because of the lack of documented evidence concerning the condition of the property when the tenancy began.

The deposit is held in trust by the landlord to use (as necessary) to bring the property back to the original condition when it was first given. That said, I know that many (not all) landlords just randomly use the money for unnecessary repairs as they see fit. The good news is that the Land Department and the Real Estate Regulatory Agency (Rera) are looking at ulterior options when it comes to deposits, their use and return thereof.

In most contracts, maintenance of a property is often described as being major (more than Dh500) or minor (less than Dh500), with responsibility on the landlord for the major maintenance and the tenant for minor.

In your case, they are referring to repainting and all that comes with this task such as covering the sockets, sanding, filling and actual painting, etc. This work is needed for the property to be ready for the next tenant. Having said this, if you state that when you moved in the property was neither painted nor cleaned, then the landlord is taking you for a ride.

Your obligation is to return the property in the same condition as before, not better. Your situation is quite common and landlords do tend to get away with it if there is no condition report made when you first took over the tenancy.

Right now, your only option is to negotiate and reason with the landlord. Going to the rental dispute committee over this may not be economically viable, given the cost of filing a case (3.5 per cent).

For you, this may now be too late but perhaps remember to photograph any new property you are moving into in the fut­ure or insist on a condition report, which must also be signed by the landlord. Only armed with this can you prove what state a property was in when you first moved in.

I paid Dh4,500 to rent a room. I also paid a deposit of Dh4,500 and then a further Dh2,700 in commission. Now, just two months down the road, the agent has asked me to vacate the room. How can I handle this case? And if I choose to leave, what happens to the commission money? NM, Dubai

The reality is that there are no specific laws protecting the rights of tenants of partial properties such as rooms. Having said this, the agent in question should look to compensate you for requesting your eviction so soon after moving in. The agent cannot possibly expect to keep the whole commission after such a short space of time. The outcome of your situation is all down to your negotiating skills and the morals of the agent. Let’s see what happens.

Mario Volpi is the chief sales officer for Kensington Exclusive Properties and has worked in the property industry for over 30 years in London and Dubai. The opinions expressed do not constitute legal advice and is provided for information only. Please send any questions to [e-mail].

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