Question: The recent rains have resulted in plumbing problems in my Dubai apartment. Moreover, water that seeped into the apartment has damaged a wall. Who is responsible for repairing these?

Answer: As you are residing in a rented apartment located in Dubai, the provisions of Law No. 26 of 2007 Regulating the Relationship Between Landlords and Tenants in the Emirate of Dubai are applicable.

In Dubai, a landlord is responsible for repair works and maintenance work of the rented property unless it is otherwise agreed in the rent contract that a tenant is responsible for repair works and maintenance work of the rented property.

This is in accordance with Article 16 of the Dubai Rent Law, which states, “Unless otherwise agreed by the parties, a landlord shall, during the term of the lease contract, be responsible for the real property maintenance works and for repairing any breakdown or defect that affects the tenant's full intended use of the real property.”

Based on the aforementioned provision of law, your landlord is liable to bear the repairs and maintenance of the damage caused to your rented apartment wall due to recent rains in the UAE. However, if your rent contract states that you are liable to repair works and maintenance work of your rented apartment, then you may be liable to bear such costs of plumbing and maintenance of the damaged wall of the apartment.

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: www.amalawyers.com. Readers may e-mail their questions to: news@khaleejtimes.com or send them to Legal View, Khaleej Times, PO Box 11243, Dubai.

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