Introduction
In the dynamic landscape of the United Arab Emirates, the real estate sector continues to underpin economic growth, business expansion, and urban development. Residential and commercial tenancies are a cornerstone of modern commerce and an essential aspect of daily life for citizens and expatriates alike. Against this backdrop, the legal framework governing landlord and tenant obligations—especially regarding maintenance and repair—has profound implications for asset management, landlord–tenant relations, risk allocation, and business continuity.
Recent legislative reforms, increasingly sophisticated commercial models, and evolving case law have elevated the importance of understanding maintenance and repair obligations under UAE Tenancy Law. With the rollout of Federal Decree Law No. 26 of 2020 amending Federal Law No. (5) of 1985 (the UAE Civil Transactions Law) and key local statutes such as Law No. (26) of 2007 Regulating the Relationship between Landlords and Tenants in the Emirate of Dubai and its amendments, parties now face clearer—but still complex—obligations and risks. Whether you are a property investment group, facilities manager, in-house legal advisor, or a business leader with tenancy exposure, a deep comprehension of your maintenance and repair rights and duties is critical for legal compliance, operational efficiency, and dispute avoidance.
This advisory article dissects the relevant legal instruments, highlights critical updates, distinguishes between old and new regimes, and provides actionable guidance. We draw from official sources—including the UAE Ministry of Justice, government portals, and federal/local legal gazettes—and reference landmark UAE court judgments to equip you with authoritative, practical insights. The following analysis is tailored for professionals who demand accuracy, clarity, and strategic guidance in this vital area of UAE law.
Table of Contents
Overview of UAE Tenancy Regulations and Legislative Updates
Core Maintenance and Repair Duties Under UAE Law
Delimiting Responsibility: Landlord Versus Tenant
Contrasting Old and New Regimes
Real-World Applications and Practical Insights
Non-Compliance and Legal Risks
Compliance and Best Practices for Businesses and Landlords
Conclusion: Forward-Looking Perspectives
Overview of UAE Tenancy Regulations and Legislative Updates
Federal and Local Legal Foundations
The UAE tenancy framework is characterized by a confluence of federal statutes and emirate-level regulations. The principal federal statute is the Civil Transactions Law—specifically Articles 742–749 and, most pertinently, Articles 776 and 782–784—which set general contractual and maintenance obligations in lease contracts. Complementing these, major emirates regulate tenancy locally, such as:
- Dubai: Law No. (26) of 2007 (as amended by Law No. (33) of 2008)
- Abu Dhabi: Law No. (20) of 2006
- Sharjah, Ajman, Ras Al Khaimah and others: Each emirate enacts its own supplementary tenancy rules
These local laws often clarify and supplement the federal law—particularly relating to maintenance and repair obligations, dispute mechanisms, and tenant protections.
Recent Developments: UAE Law 2025 Updates and Beyond
While the foundational Civil Transactions Law has not radically changed in 2025, Federal Decree Law No. 26 of 2020 marked an important amendment by reinforcing contractual freedom (where not contrary to public order) and enhancing clarity regarding parties’ obligations. Local tenancy laws and rent dispute committees have seen more frequent updates and guidance notes—especially in Dubai and Abu Dhabi.
Recent ministerial circulars, administrative guidance, and court precedents have also provided further clarity regarding what constitutes “ordinary” versus “major” maintenance, and what tenants must tolerate or pursue as a formal claim.
Notably, legal reforms have increased risk for parties who rely on boilerplate contracts without explicit repair and maintenance clauses, underscoring the need for well-drafted agreements and ongoing compliance oversight.
Core Maintenance and Repair Duties Under UAE Law
Federal Statutory Obligations: The Default Rule
Under Article 776 of the UAE Civil Transactions Law, unless the contract provides otherwise, the landlord is fundamentally obligated to carry out maintenance and repairs necessary for the intended use of the leased property. This is a non-waivable obligation unless the contract expressly shifts responsibility, and even then, public policy limitations may apply to core habitability and structural issues.
Article 776 provides: “The lessor is obliged, during the lease period, to do all repairs required for the intended use … unless the parties agree otherwise.”
Tenants, in turn, bear the duty to undertake minor repairs arising from “normal” use—typically consumables, small fixtures, or day-to-day wear and tear. Article 782 imposes further obligations on tenants not to effect any alteration that prejudices the leased asset without express permission.
Dubai Example: Law No. (26) of 2007 and Its Amendments
Dubai law codifies and expands upon these principles in Article 16, placing the obligation for maintenance and major repairs squarely on the landlord, unless parties agree otherwise. However, the law distinguishes between ordinary (tenant) and major (landlord) works, and the contractual allocation must be explicit and not derogate from health or safety standards.
Distinguishing Ordinary and Major Repairs
Authorities and courts have provided the following generally accepted distinctions:
- Ordinary/Miner Repairs (Tenant): Replacing light bulbs, clearing drain blockages caused by tenant, minor painting, resetting circuit breakers, replacing appliance filters.
- Major/Structural Repairs (Landlord): Structural damage, walls, major plumbing, electrical wiring, HVAC systems (if included), elevators, roof leaks, external facade repairs.
Local guidance and historical court practice suggest that issues of safety, stability, and habitability are always retained by the landlord, despite contract wording to the contrary.
Mandatory Statutory Interventions
Beyond individual contract terms, various emirates impose statutory obligations regardless of contract. For example, Dubai’s Real Estate Regulatory Agency (RERA) may intervene to uphold minimum standards where contracts are silent or ambiguous, especially involving health and safety.
Delimiting Responsibility: Landlord Versus Tenant
Contractual Freedom and Its Boundaries
While UAE law offers parties broad latitude to stipulate maintenance obligations, this freedom is circumscribed by overriding statutory provisions and public order concerns:
- If the contract is silent, law defaults to landlord responsibility for major repairs, tenant for ordinary wear and tear.
- If the contract purports to shift all responsibility to the tenant—including structural, safety, or compliance critical repairs—such shifting may be void if it infringes public order or statutory requirements.
In practice, bespoke commercial leases (especially retail or warehouse leases) often allocate more responsibilities to tenants, but these must be clearly documented, and should never undermine core habitability or endanger occupants.
Practical Tip: Checklist for Drafting Tenancy Agreements
| Checklist Item | Importance | Best Practice |
|---|---|---|
| Define ‘ordinary’ and ‘major’ repairs | Reduces dispute risk | Attach detailed annex or schedule |
| Insert timeframes for rectification | Improves asset management | Set clear service level response times |
| Require notification procedure | Legal and record keeping | Specify method, timeline, responsible party |
| Stipulate penalty for non-compliance | Encourages timely action | Include default interest or repair right to self-remedy with cost recovery |
| Reference statutory overrides | Ensures legal validity | Cite applicable federal/emirate law |
Allocation Scenarios: Hypothetical Examples
Commercial Lease (Warehouse Tenancy): Contract stipulates tenant must repair and maintain all internal fixtures, but landlord retains responsibility for walls, roof, and main electrical infrastructure.
Residential Apartment: Standard form lease holds landlord responsible for all repairs except for lightbulbs, faucet washers, and aircon filter replacement.
Contrasting Old and New Regimes
Pre-Amendment vs. Post-2020 (and 2025) Legal Positions
| Area | Federal Law (pre-2020) | Post-Decree Law No. 26/2020 & Dubai Law 33/2008+ |
|---|---|---|
| Default Maintenance Rule | Landlord must conduct repairs unless agreed otherwise | Same, but explicit contractual freedom clarified |
| Clarity on Contractual Override | Ambiguous; practice varied by court | Recognised but subject to public policy, health & safety override |
| Remedies for Tenant | Often required court order to enforce repair | Quicker access to rental dispute committees, self-remedy allowed after notice |
| Compliance Scrutiny | Low enforcement, long delays | Higher compliance demanded, active RERA/municipal oversight |
Illustrative Case Law and Committee Decisions
Dubai Rental Dispute Centre Ruling, 2023: Upheld tenant’s right to self-remedy HVAC repair when landlord failed to respond within contractual timeframe, with cost deducted from subsequent rent payment—acknowledging tenant’s right under amended law and consistent executive guidance.
Abu Dhabi Court of Cassation, 2021: Held that a contract clause shifting structural maintenance to tenant was void as contrary to public order, reinforcing that core habitability cannot be delegated.
Real-World Applications and Practical Insights
Business and Commercial Leasing Scenarios
In the context of commercial properties, especially shopping malls, office towers, or logistics hubs, clear delineation of repair duties is central to avoiding operational disruption and protecting business interests. For multinational tenants, UAE standards may differ substantially from those in their home country, requiring bespoke legal advice.
Practical Challenges and Solutions
- Problem: Ambiguity over cause of damage (wear and tear versus tenant misuse).
- Solution: Conduct detailed pre-handover inspections, supported by photographic evidence; incorporate joint inspection clauses in lease agreements.
- Problem: Landlord delays in executing critical repairs, impacting business operation.
- Solution: Insert contractual timelines; use Dubai RDC/RERA urgent repair procedures; empower tenant to repair post-notification with deductibility provision.
- Problem: Tenant unilaterally makes alterations, causing unapproved modifications.
- Solution: Specify written approval requirements for tenant works; stipulate restoration obligation at lease end.
Illustrative Process Flow Diagram Suggestion
A visual showing the process for reporting, documenting, and remedying maintenance issues could optimise understanding for property managers and tenants. (Consider including a process flow from issue detection & notification, to response deadlines, escalation to rental dispute centre, and final resolution.)
Non-Compliance and Legal Risks
Exposure for Landlords
- Rental dispute centre claims—leading to orders to execute repairs, rent set-aside, or compensatory awards
- Municipal fines for health and safety non-compliance (e.g., for structural hazards, non-functional fire safety equipment)
- Private law damages claims for business interruption, loss of use, and reputational damage
Exposure for Tenants
- Forfeiture of deposit for unfulfilled repair obligations
- Claims for damages for property misuse or unauthorised alterations
- Potential eviction for repeated breaches or non-cooperation in maintenance access
Table: Penalties and Remedies Comparison
| Breach Type | Possible Penalties | Remedy/Recourse |
|---|---|---|
| Landlord fails to repair | Rent abatement, claims at RDC, fines | Tenant may self-repair after notice, court order |
| Tenant neglects minor repairs | Deposit forfeiture, damages claim | Landlord deducts from deposit, claim for cost |
| Health/safety breach | Municipal penalties, order to vacate | Immediate repair, regulatory intervention |
Compliance and Best Practices for Businesses and Landlords
Checklist: Maintenance Compliance Strategy
| Action | Description | Impact/Value |
|---|---|---|
| Legal Audit of Lease Agreements | Review for compliance with latest statutes, clarity on obligations | Reduces future disputes, ensures enforceability |
| Regular Condition Inspections | Scheduled inspections, documentation, and joint review | Prevents claims, supports evidentiary burden |
| Staff Training and SOPs | Ensure property management/HR staff understand processes | Faster response, better record keeping |
| Engage With Regulatory Updates | Monitor RERA and municipal advisories—subscribe for updates | Prevents inadvertent non-compliance |
Professional Recommendations
- For Landlords: Proactively rectify major defects, consider annual property maintenance plans, and update contracts to align with current law.
- For Tenants: Document all concerns in writing, insist on contractual definitions, and respond promptly to maintenance issues to avoid liability.
- For Businesses: Dedicate in-house or external legal resources to periodic portfolio compliance reviews, especially where multiple leases are managed.
Engaging with specialist UAE legal consultants is now an industry standard due diligence step and offers a buffer against costly disputes or reputational fallout.
Conclusion: Forward-Looking Perspectives
The architecture of maintenance and repair obligations under UAE tenancy law is both robust and rapidly evolving. Recent legislative amendments, growing regulatory attention, and emerging best practices all point to a heightened expectation for proactive, well-documented, and contractually precise arrangements between landlords and tenants.
As the UAE’s legal environment continues its drive towards modernization and harmonization with international standards, stakeholders must take a forward-looking and strategic view—shifting from reactive dispute management to proactive compliance, education, and partnership. Investment in clear agreements, evidence-based inspections, dispute readiness, and ongoing education is essential for all parties with real estate exposure in the UAE.
Staying ahead of legal developments—especially involving the nuances of repair and maintenance—is not only a matter of compliance, but of long-term financial and reputational security. Professional legal consultancy remains the most effective route to navigate this complex landscape with competence and confidence.