In commercial real estate—especially for large-scale warehouses and offices—maintenance disputes are a leading cause of litigation. Unlike residential properties, the line between “minor” and “major” repairs can involve millions of Dirhams in industrial equipment and structural integrity.
Structural vs. Operational Maintenance
Under UAE law, the default position is:
- The Landlord: Responsible for structural maintenance and major repairs (e.g., roof leaks, foundation cracks, main electrical grids, and central fire-fighting systems).
- The Tenant: Responsible for minor repairs and routine upkeep (e.g., interior lighting, AC servicing, and any damage caused by business operations).
The “Repair and Deduct” Trap
Tenants often make the mistake of repairing a major structural issue and then deducting the cost from their rent. This is illegal without a court order or written landlord consent. Doing so can lead to an eviction case for non-payment of rent.
How DY Legal Consultants Will Help
Commercial leases often contain “Triple Net” (NNN) clauses that attempt to shift all maintenance to the tenant. DY Legal Consultants ensures you don’t get stuck with a bill for a landlord’s structural failure.
Our Real Estate Lawyer in Dubai helps you by:
- Defining Maintenance Thresholds: We insert specific Dirham values (e.g., “Tenant pays for repairs under AED 2,000”) to eliminate ambiguity.
Filing Maintenance Orders: If a landlord refuses to fix a structural issue that halts your business, we file an urgent petition at the RDC to compel repairs or allow you to “repair and deduct” legally.
