# Apartment's Annual Maintenance Fees



## momarabi (Dec 20, 2012)

Hello Everyone,

I have rented a 3 b/d apartment in JLT/Dubai 30/Jan/2012, am going to complete my first year on 30/Jan/2013. I didn't pay any annual maintenance fees to the landlord - a company owns the whole tower - for this period and the landlord provided the maintenance during the whole year. Now i received the new contract for the second year -renewal - and the landlord is asking for 5% of the yearly rent to be paid as the annual maintenance fees. The new rent has not been increased, it's the same first year amount.

My question is, according to Dubai's Property Law, who's suppose to bear/carry out the annual maintenance costs for the rented apartment, is it me or the landlord?

Your instant replies will be appreciated as am suppose to sign the new contract ASAP.


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## rsinner (Feb 3, 2009)

What does the maintenance fee include? 
If this refers to payments for maintenance of common areas and facilities then it is general paid by the landlord. 
If it refers to payments for the maintenance of the apartment, then generally the landlord should pay for major maintenance and the tenant for the minor items. Hence if this is like a payment for an annual maintenance contract then either landlord or tenant could pay depending on the negotiations. 

I do not know the law, but this is based on experience of renting apartments and hearing from other people.


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## momarabi (Dec 20, 2012)

The maintenance which was been provided by the landlord during the first year and which suppose to be the same for the next year covers all kinds of plumbing, electrical, carpentry & central A/C for only the equipment already was available in the apartment like the wood cabinets, bathrooms, paint, lighting, windows, doors, tiles, water leakage, ..etc. Anything else related to my own equipment e.g. fridge, stove, washing machine ... etc to be repaired by myself.


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## m1key (Jun 29, 2011)

If the landlord wishes to change the terms of the contract I believe you are supposed to get 2 or 3 months written notice prior to the expiry of the tenancy. Your contract may have different clauses, so best to check with RERA and have your contract to hand.


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## momarabi (Dec 20, 2012)

The land lord already informed me in the 1st year contract in a clause says "the maintenance fees for the first year will free of chrages but the tenant will pay 5% for the second year". I don't think this is the issue.

I already contacted Dubai Land authority and they said i have to check this with their legal affairs department by calling them, i kept on calling and calling but there's no reply at all.


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## m1key (Jun 29, 2011)

momarabi said:


> The land lord already informed me in the 1st year contract in a clause says "the maintenance fees for the first year will free of chrages but the tenant will pay 5% for the second year". I don't think this is the issue.
> 
> I already contacted Dubai Land authority and they said i have to check this with their legal affairs department by calling them, i kept on calling and calling but there's no reply at all.


It is Thursday afternoon. They will have given up on the week around 9am probably!


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## rsinner (Feb 3, 2009)

So you have already agreed to this clause in the first year - I would think that you should be honouring the contract.
In any case, these are items which I mentioned could be either borne by the landlord or the tenant depending on how it is negotiated. QUite a few tenants (esp. in villas) buy annual maintenance contracts at their own expense to cover exactly this scope of work. 

Please see article 16 http://www.dubailand.gov.ae/english/Tashjee/RulesandRegulations/Law 26.pdf . I think you would have to pay as you "agreed otherwise" in the contract last year.


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## momarabi (Dec 20, 2012)

It's mentioned in this law the following:

Article (16)
Landlord shall, during validity of contract, be liable for handling maintenance of property
,and shall rectify any defects or faults that affect tenant’s targeted benefit from the premises
.unless the two parties agree otherwise.

It's clear from this clause that the landlord must provide the maintenance not the tenant but at the same time it's mentioned "unless the two parties agree otherwise" which is the landlord's trick.

The mistake that i made and which i hope other expats should be aware of, is that i was suppose to read this law before i sign my 1st year contract, because it was mentioned in the contract that i will pay 5% for service/maintenance fees at the time of renewing this contract. I could have negotiate this with the landlord before signing, but now at the renewal time, i can't refuse to pay, i can't even complain to Dubai Lands Authority.

Thanks for your replies and wish you the best.


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