Question: I live in a one-bedroom apartment in Dubai and recently experienced a maintenance emergency over the weekend. My kitchen flooded due to a clogged drain. I contacted my real estate company - which also manages our maintenance - multiple times, but they did not send anyone.

I eventually had to hire a plumber to fix the drain, which cost me a considerable amount. Since major maintenance responsibilities fall under the landlord's purview, should I seek reimbursement for this expense? If reimbursement is not possible, I would like to formally lodge a complaint to ensure such delays do not happen again. What if it had been a life-threatening emergency and the company still refused to send assistance?

Answer: In Dubai, a landlord is responsible for the repair and maintenance work of the rented property, unless it is agreed otherwise in the rental contract, in which case the tenant is responsible for the repair and maintenance work of the rented property.

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This is in accordance with Article 16 of the Law No. 26 of 2007 Regulating the Relationship Between Landlords and Tenants in the Emirate of Dubai, 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 repair and maintenance of your kitchen, which recently had a clogged drain. However, if your rent contract states that you are liable for repairs and maintenance work of your rented apartment, then you may be liable to bear such costs of plumbing to fix the drain in your kitchen.

Considering that such repairs and maintenance need to be undertaken by the management company of your rented apartment, you may seek reimbursement of the expenses you paid to the plumber to fix the clogged drain in your kitchen. In the event the management company does not reimburse you, then you may consider filing a formal complaint with the Dubai Rental Dispute Centre.

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, Khaleej Times, PO Box 11243, Dubai.

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