What to do when tenants damage rental property?: Landlord's rights
Concerns about potential property damage by tenants are understandable, but it is important to remember that there are rules for controlling rules. These rules, whose purpose is to balance the interests of both landlords and tenants, oversee the entire fare process within Dubai.
However, you may be surprised about your options when a tenant damages the property. What action should you take, and you can seek compensation for damage? This resource provides a broad answer to these inquiries and others, ensuring that you have a clear understanding of your rights.
Understanding RERA Tenancy Laws
The Real Estate Regulatory Authority (RERA), which operates under the clock of the Dubai Land Department (DLD), is responsible for overseeing the conversation between the tenants and owners of the property. Under the 2008 law number (33), both landlords and tenants have been guaranteed legal rights, which amends the 2007 law number (26). This law clearly defines the foundations on which the removal can be justified and sets the mechanism to address any disagreement that arises during the entire tenancy. This legal clarity is necessary for all concerned parties in the property rental sector of Dubai.
Legal Rights & Action: What Happens If You Damage a Rental Property?
Dubai’s rent rules suggest that property owners take responsibility for important structural repairs. The contract of lease clearly explains how maintenance duties are shared between the hired and property owners. This division of responsibilities ensures clarity about who is accountable for various types of maintenance during the duration of rental. Understanding these legal structures is important for both landlords and tenants in Dubai to maintain a harmonious and legally sound fare relationship.
According to the established rules, the tenants are obliged to obtain the consent of the property owner, which decides before any change or occupying them in the premises. Should a tenant change the property that compromises his safety or unacceptable its original position, the landlord has the right to abolish the tenancy. In addition, the owners of the property protect the eligibility to demand reimbursement for the expenses incurred in improving any such unauthorized amendments. The purpose of these rules is to protect the integrity of the property and the rights of the landlord.
Legal Process for Claiming Tenant-Caused Damages
When a tenant damages your property, the question of how to proceed can be stressful. Let’s break down the resolution of this conflict into a clear, step-by-step approach:
 1. Review the damage and note down every observation
When property damage becomes apparent, the primary action is to carefully evaluate the degree of the impairment. It’s crucial to capture visual evidence and maintain thorough records. Subsequently, calculate the anticipated costs for rectifying the damage in preparation for any insurance claims.
2. Discuss with the Tenant
When your property finds any damage, your initial action should be fully assess the limit of fully damaged damage. It is important at this stage to take careful photos and create a comprehensive record of all views. This detailed document will serve as important evidence for any subsequent claims. After this careful recording, the next necessary step involves obtaining a reliable estimate for expenses related to repairing property damage identified. This cost evaluation is an essential component when preparing to register insurance claims or plan for the necessary restoration work. Ensure that your documentation is wide and your repair cost estimate is accurate to smooth claims.
3. Seek Legal Advice
If attempts to communicate do not deal with the case, then the step is to consult with a lawyer later. It is important to appoint a lawyer who focuses on such cases and explains the situation completely before proceeding with legal proceedings. The attorney will advise the owner of the property on the required tasks, such as giving a notice to evict and submitting a formal complaint.
4.File a Dispute and Send Eviction Notice
When property damage is deemed irreparable or is the result of deliberate action, the lessor may serve an immediate notice of eviction. Moreover, the lessor is permitted to deduct the costs associated with repairing property damage from the security deposit held. As a final recourse, if all other avenues are unsuccessful, the lessor may file an official complaint with the Rental Dispute Settlement Centre (RDC).
Step-by-Step Guide to Filing a Complaint at the Rental Dispute Centre
If any issues arise concerning rental properties, the Rental Dispute Centre is the entity that addresses them. Landlords are entitled to make a complaint if tenants damage their property. To submit a complaint, you can either use the official RDC website or visit their physical office. The subsequent details explain how to file a rental dispute specifically in Dubai.
Required Documents
- Tenancy contract copy
- Photographs of property damage
- Eviction notice copy
- Copy of any communication with the tenant
Service Fee
The service charge must be between AED 500 and AED 20,000 and equals 3.5% of the rent every year.
RDC Main Branch
For direct assistance, landlords have the option to go to the RDC’s central office. The address and how to reach them are as follows:
Location
Dubai Land Department, Baniyas Road, Near Etisalat Tower 1, Riggat Al Buteen, Deira, Dubai, UAE
Opening Hours
- Monday to Thursday:Â 07:30 am to 03:00 pm
- Friday:Â 07:30 am to 12:00 pm
FAQs
1. What Happens If a Tenant Damages a Rental Property?
A landlord’s first step should be to understand the amount of damage and then discuss it with the tenant. If these attempts at communication are unsuccessful in solving the problem, the final recourse is to consult legal professionals and file a complaint against the tenant.
2. Is the Landlord Responsible for Major Repairs?
While significant structural or functional issues in a rental property are the landlord’s concern to fix, any damage to the premises caused by the renter is not the landlord’s responsibility.
Effectively resolving property damage conflicts is within your expertise. If you see a tenant damaging the property, first attempt communication and issue warnings. Only resort to legal steps if absolutely required to keep a positive landlord-tenant relationship. A key step in preventing disagreements is for both the landlord and the tenant to review the terms of the tenancy contract before they sign.
3. Can a Landlord Evict a Tenant?
Landlord-tenant regulations authorize property owners to remove renters under specific lawful conditions. Nevertheless, adherence to procedural requirements, including the issuance of a formal eviction notification when required, is essential.