When something breaks in a rented home — a faulty air-conditioning system, a leaking pipe, or a damaged fixture — it is not always clear whether the landlord or tenant should pay for the repair. The answer depends on Dubai's rental law, the type of repair, who caused the damage, and what has been agreed in the tenancy contract.

What the law says

Under Dubai's Law No. 26 of 2007, which regulates the relationship between landlords and tenants, the default position is clear: the landlord is responsible for maintaining the property and carrying out repairs necessary to keep it fit for its intended use throughout the lease term.

Article 16 of the law states that, unless otherwise agreed in writing, the landlord must cover maintenance and repairs for any defect or damage affecting the tenant's ability to use the property as intended. This includes major systems such as plumbing, electrical wiring, structural issues, and air-conditioning.

The law also allows parties to agree on different arrangements in the tenancy contract. In practice, most Ejari-registered contracts include a "minor maintenance clause" that shifts responsibility for small, routine repairs to the tenant.

Major repairs vs. minor maintenance

The general distinction is between:

Landlord's responsibility (major repairs):

• Structural issues and building integrity

• Central AC systems, chillers, and major cooling equipment

• Main electrical wiring and plumbing infrastructure

• Any defect that makes the property uninhabitable

Tenant's responsibility (minor maintenance):

• Routine upkeep — cleaning AC filters, replacing light bulbs, unblocking drains

• Basic cleaning and small cosmetic fixes

• Repairs below a cost threshold, commonly set at AED 500 or AED 1,000

The cost threshold is usually written into the contract. Any repair costing less than the agreed amount falls to the tenant; anything above it is the landlord's responsibility.

When the tenant may be liable for major repairs

A landlord may refuse to pay for a repair if the tenant caused the damage — but the claim must be supported by evidence. If a tenant willfully damages the property, acts with gross negligence, or alters the property without permission, the financial burden shifts to them.

Courts and the Rental Dispute Settlement Centre (RDSC) will examine several factors when assigning cost:

• Check-in and check-out reports — was the item already degrading at handover?

• Technician assessments — written reports from licensed contractors explaining the cause of failure

• Notice timelines — did the tenant ignore a small leak until it caused major damage?

Can a landlord refuse to fix essential systems?

A landlord cannot simply refuse to repair an essential system — like an AC unit — based on an unsubstantiated claim of tenant misuse. The law obligates landlords to maintain the property's habitability, and a blanket refusal to fix major systems would likely not hold up before the RDSC.

If a landlord neglects repairs, tenants can file a complaint with the Rental Dispute Settlement Centre at the Dubai Land Department. The RDSC can order repairs, reduce rent, or even terminate the contract in serious cases.

What about annual maintenance contracts?

Many Dubai landlords use third-party facility management companies to handle repairs. However, appointing a contractor does not transfer legal responsibility to the tenant. If a maintenance company fails to respond or performs substandard work, the tenant's legal recourse remains against the landlord. The landlord may then seek damages from the contractor under their separate service agreement.

Practical advice for tenants and landlords

To avoid disputes, both parties should:

Before signing: Check the maintenance clause carefully. Ensure it clearly defines what constitutes minor versus major repairs and includes a cost threshold. Make sure the contract is registered in Ejari.

During the tenancy: Report faults promptly and in writing. Keep records of maintenance requests, responses, and technician reports. Document the property's condition at check-in and check-out.

If a dispute arises: A well-drafted written record is the strongest evidence. Without it, disagreements often end up in costly, time-consuming RDSC litigation.

Whether you are a landlord protecting your asset or a tenant ensuring your living standards, the rule is simple: document everything, communicate in writing, and ensure your contract explicitly defines the boundaries of repair.