Question: Is it possible to negotiate terms and conditions for tenancy contracts in Dubai, or are they generally standardized? I believe that all maintenance tasks, including repainting every two years, should be the landlord's responsibility. If the landlord is amenable, how can I ensure this clause is included in the contract?
Answer: In Dubai, landlords are generally responsible for maintaining rented properties and addressing any issues that may hinder a tenant's normal use of the property. This obligation includes necessary maintenance and repairs throughout the rental period, as outlined in Article 16 of Law No. 26 of 2007, which states:
“Article (16) Unless otherwise agreed by the parties, the landlord will, during the term of the Rent Contract, be responsible for the real property’s maintenance works and for repairing any defect or damage that may affect the tenant's intended use of the real property.”
However, if a tenancy contract specifies that the tenant is responsible for maintenance or repair costs, the tenant is obligated to comply with that provision.
Additionally, landlords and tenants can negotiate changes to the tenancy contract terms when it comes time for renewal. Article 13 of Law No. 33 of 2008 allows for this, stating:
“For the purposes of renewing a rent contract, the landlord and tenant may, prior to the expiry of the lease contract, amend any of its terms or reconsider increasing or reducing the rent. If the landlord and tenant fail to reach an agreement in this regard, the tribunal may determine the fair rent, considering the criteria stipulated in Article (9) of this Law.”
If either party wishes to amend the tenancy contract, they must notify the other party at least 90 days before the contract's expiration, as per Article 14 of the Amended Dubai Rent Law:
“Unless otherwise agreed by the parties to a rent contract, where either party wishes to amend any of its terms pursuant to Article (13) of this Law, that party must notify the other party of this intent no less than ninety (90) days before the date on which the rent contract expires.”
Based on these legal provisions, you have the opportunity to negotiate the terms of your tenancy contract, including specific maintenance responsibilities.
News Source: Khaleej Times
