Addendum Clause: Maintenance Responsibilities
Welcome to the bustling world of renting in the UAE, a landscape filled with opportunities and responsibilities! As a renter, you’ve probably encountered the dilemma of deciphering what falls under your maintenance duties and what doesn’t. It’s a common area of confusion, but fear not—we’re here to demystify this for you. In this insightful guide, we delve into the essential distinctions between major and minor maintenance responsibilities in your rental agreement. Our aim? To empower you with the knowledge to manage your rental property efficiently and avoid any unnecessary disputes or costs. So, let’s dive in and turn you into a savvy, informed tenant in the UAE!
In the UAE, rental contracts (the first official pages) typically follow the rules of Dubai.
One of our major beef with contracts and issues typically faced by our clients is the addendum. The truth of the matter is that people don’t fully understand their terms. In reality, they are rarely created by lawyers; they are typically created by individuals who went to charm school, not law school. Where the interests of the client and the renter are possibly marred by a conflict of interest as the agent is typically listing the unit on behalf of the landlord.
One of the largest issues our clients face before we step in is obtaining the security deposit back at the end of the tenancy, where the owner or their representative inspects the unit and tries to deduct funds for repairs that seem to come out of absolutely nowhere. It’s a common problem.
One of the processes we undergo for our clients is a property inspection report, where the unit condition, good or bad, upon signing and exit, is inspected, noted, highlighted, and documented with images to protect both parties. We check everything. Down to the kitchen sink.
For our clients, we create a very simple addendum for maintenance that covers and protects both parties under the major/minor maintenance clause. Where the maintenance figure used to be 250 AED, we are now seeing contracts with a 1000 AED minor clause. This BLOWS our minds. When did minor maintenance cover the price of a monthly shop?
Contracts are not demands; they are a meeting place for requirements. From both parties, while you may feel thoroughly obliged to sign your life away, consider the following:
Major Maintenance Responsibilities:
- Minor Maintenance Responsibilities
The tenant shall be responsible for minor maintenance and repairs, ensuring that the property is maintained in a good and habitable condition. Minor maintenance includes but is not limited to, replacing light bulbs, repairing minor leaks, unclogging drains, and general upkeep of the property.
- Expenditure Limit
The tenant’s responsibility for minor maintenance and repairs is limited to expenses not exceeding AED 250 per incident. Any repairs that exceed this amount shall be the responsibility of the landlord unless the damage is caused by the tenant’s negligence or misuse.
- Justification of Major and Minor Classification
The classification of maintenance responsibilities into major and minor categories is intended to provide clear guidelines for the upkeep of the property. Major maintenance addresses structural and integral aspects of the property, which are typically beyond the tenant’s expertise and control. Minor maintenance involves day-to-day upkeep, which the tenant can reasonably manage. This distinction ensures a balance of responsibility, with the landlord maintaining the property’s overall integrity and the tenant upholding its everyday condition.
- Reporting and Approval Process
All major maintenance issues must be reported to the landlord immediately. For minor maintenance, the tenant may proceed with repairs without prior approval, provided the cost does not exceed the specified limit of AED 250. For expenses beyond this limit, the tenant must seek approval from the landlord.
- Emergency Repairs
In the event of an emergency that threatens the safety or habitability of the property, the tenant is authorized to initiate immediate repair work, notwithstanding the above expenditure limit, and shall promptly inform the landlord of the situation and the actions taken.
Major Maintenance Responsibilities:
Final considerations
As we wrap up this enlightening journey through the intricacies of rental maintenance in the UAE, remember that knowledge is your greatest ally. Understanding the nuances of your maintenance responsibilities can save you from headaches and unwelcome surprises. Embrace these guidelines not just as mere formalities but as tools to forge a harmonious living space and a positive relationship with your landlord. Equipped with this information, you’re now ready to navigate the world of renting with confidence and ease. Here’s to a hassle-free and enjoyable renting experience in the dynamic UAE! 🌟🏠
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