Question: As a tenant in Dubai, can I make modifications to my rented apartment? I understand that I have to hand back the apartment in the same condition in which I received it. My question is whether I can make changes to the balcony and kitchen during my tenancy.
Answer: Pursuant to your queries, as the apartment rented by you is located in the emirate of Dubai, the provisions of the Dubai land laws are applicable.
In the emirate of Dubai, a tenant may not make any changes or carry out any restoration or maintenance works in a rented property without obtaining (i) the permission of a landlord and (ii) the necessary approval from the competent authorities. This is in accordance with Article 19 of the Law No. 26 of 2007 Regulating the Relationship between Landlords and Tenants in the Emirate of Dubai.
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“A tenant must pay the rent on its due dates and must maintain the real property in a good condition as a reasonable person would maintain his own property. Without prejudice to the Tenant’s obligation to carry out any restoration that is agreed upon or which is customary for Tenants to undertake, the Tenant may not make any changes or carry out any restoration or maintenance works in the Real Property without obtaining the permission of the Landlord and the necessary licences from the competent official entities.”
Further, a landlord may seek eviction before the lease period ends if a tenant makes changes that jeopardise the property’s safety and cannot be restored to its original state, or if a tenant deliberately or negligently causes damage to a property. This is in accordance with Article 25 (1) (e) of the Law No. 33 of 2008 Amending Law No. 26 of 2007 Regulating the Relationship Between Landlords and Tenants in the Emirate of Dubai.
“Where the Tenant makes any change to the Real Property that endangers its safety in a manner that makes it impossible to restore the Real Property to its original state or causes damage to the Real Property as a result of his deliberate act or his gross negligence by failing to exercise due caution and care or allowing others to cause that damage.”
In accordance with the aforementioned provision of the law, any change or modification to the rented premises is subject to obtaining prior written approval from the landlord and, if applicable, any additional approvals from relevant authorities or building management.
Ashish Mehta is the founder and Managing Partner of Ashish Mehta & Associates. He is qualified to practise law in Dubai, the United Kingdom and India. Full details of his firm on: www.amalawyers.com. Readers may e-mail their questions to: news@khaleejtimes.com or send them to Legal View, Khaleej Times, PO Box 11243, Dubai.
Source: Khaleej Times