Article 15 of Dubai Tenancy Law: Delivering a Property Fit for Use
A Dubai tenancy begins with a single obligation on the landlord: hand the property over in a condition the tenant can actually use. Article 15 of Law No. 26 of 2007 requires the landlord to deliver the property in good condition allowing the tenant full use of it for the purpose agreed in the contract. It is the handover standard — the duty that fixes what "moving in" is supposed to mean — and it is the article that decides most arguments about a defect that was already there on day one. This page sets out exactly what Article 15 says, what "good condition" and "the agreed purpose" mean, how the handover duty differs from the maintenance duty that follows it, and what to do when a property is delivered unfit for use.
- The landlord must hand the property over in good condition, ready for full use for the agreed purpose
- The test is the purpose in the contract — a home, an office or a specific trade — not a general standard
- Article 15 is the handover duty at the start; maintenance during the term is Article 16
- A defect that prevents the agreed use at handover is decided by the Rental Disputes Centre, not by either party alone
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What does Article 15 require the landlord to do?
Under Article 15 of Dubai's tenancy law, the landlord must hand the property over to the tenant in good condition, so that the tenant can make full use of it for the purpose agreed in the contract — a home fit to live in, an office fit to work in, or a unit fit for the specific activity the lease names.
The relationship between landlords and tenants in Dubai is governed by Law No. 26 of 2007 as amended by Law No. 33 of 2008. Article 15 sits right at the beginning of the tenancy, at the moment of handover. It sets a plain standard: the property the landlord delivers must be in a condition that lets the tenant actually use it for what it was leased for. A tenant who pays for a home is entitled to a home that works; a business that leases a unit for a named activity is entitled to a unit it can occupy and use for that activity.
Two ideas carry the article. The first is the standard of condition: the property must be delivered in good condition — not merely handed over, but handed over in a state that supports use. The second is the measure of that condition: it is judged against the agreed purpose written into the contract, not against some abstract idea of "good". A unit can be perfectly sound as an empty shell yet fail Article 15 if it was leased as a ready-to-occupy home and cannot be lived in on the day the keys change hands. What the parties agreed the property is for is the yardstick.
What Article 15 actually says
In plain terms, Article 15 provides that the landlord must deliver the leased property to the tenant in a good condition that enables the tenant to make full use of it as agreed in the contract. The wording is short and its job is precise: it names who must deliver (the landlord), the state of what is delivered (good condition), and the benchmark for that state (full use for the agreed purpose). It does not list rooms, fittings or specifications — it fixes a functional result and leaves the detail to what the parties agreed the property is for.
It helps to read Article 15 next to the articles around it, because the three of them protect one thing. Article 15 governs the start: the property must be delivered fit for use. Article 16 then carries that standard through the term: unless the parties agree otherwise, the landlord maintains the property and repairs defects that affect the tenant's use. Article 17 adds a prohibition: the landlord may not make any change that would prevent the tenant's use. Delivered fit for use, kept fit for use, and not made unfit — together these articles secure the tenant's ability to actually use the property they are paying for.
Handover is a moment, maintenance is a duration
The most useful thing to understand about Article 15 is where it stops and Article 16 begins. Article 15 is about a moment — the state of the property when it is delivered. If a defect was already present at handover and it prevents the agreed use, that is an Article 15 problem: the property was not delivered fit for use. Article 16 is about a duration — the state of the property through the term. If the property was fine on day one and a fault arises later, that is an Article 16 maintenance problem. The two often overlap in practice, but knowing which one applies tells you what has to be proved: an Article 15 claim turns on the condition at delivery, an Article 16 claim on a defect that appeared during use.
This is also why the handover record matters so much. Article 15 fixes the standard, but a dispute about it is a dispute about facts — what condition the property was in on the day it was delivered. A tenant who inspects at move-in, lists any snags in writing and keeps dated photos protects an Article 15 position; a landlord who records the delivered condition and has the tenant acknowledge it protects the other side of the same fact. Article 15 itself carries no general "unless the parties agree otherwise" clause of the kind found in Article 16 — the one exception it states is a lease agreed before the property's construction is complete, where the tenant completes it and makes it fit for use — so outside that case the article provides for no agreement that displaces the landlord's delivery duty, but a clear condition record decides most of these cases before they start, because it removes the argument about what "good condition" looked like on handover day.
The terms Article 15 turns on
- Good condition
- The state the property must be in when handed over. It is not measured as perfection or as new-build finish, but as a condition that supports the tenant's full use of the property for its agreed purpose.
- Full use / الانتفاع الكامل
- The tenant's ability to occupy and use the whole property for what it was leased for. A defect that only touches a minor convenience is different from one that defeats this use, and Article 15 is concerned with the latter.
- The agreed purpose
- The use written into the contract, which Article 4 requires the lease to state — for example residence, office or a specific commercial activity. This purpose is the yardstick against which "fit for use" is judged.
- Handover / snagging
- The point at which the landlord delivers possession, usually with the keys. A snagging or condition record made at this moment documents what was delivered and is often decisive in any later Article 15 dispute.
How Article 15 looks from each side
The landlord
- Must deliver the property in good condition, fit for full use for the agreed purpose (Art 15)
- Carries defects that were present at handover and prevent the agreed use — these are a delivery failure
- Should record the delivered condition and have the tenant acknowledge it to fix the facts
- Then keeps the property maintained through the term under Article 16 and makes no impairing change (Art 17)
- May take a security deposit to secure maintenance, refundable balance returned on expiry (Art 20/21)
The tenant
- Is entitled to receive the property in a condition allowing full use for the agreed purpose (Art 15)
- Should inspect at move-in and list any defect that affects use in writing, with dated photos
- Can raise a handover defect that prevents use with the landlord and, if unresolved, at the Centre
- Must then use the property with a reasonable person's care and not cause damage
- Returns it at the end in its received condition, ordinary wear and tear excepted (Art 21)
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What "fit for use" means by agreed purpose
| Agreed purpose in the lease | What Article 15 handover usually means | A defect that would breach it |
|---|---|---|
| Residence (a home to live in) | Habitable and safe, with working core systems — water, power, cooling and sanitation | No water or power at handover, or a system that never worked on delivery |
| Office or professional use | Accessible and usable as workspace as delivered under the lease terms | A unit that cannot be occupied or accessed on the handover date |
| A specific commercial activity named in the lease | Fit for that named activity within what the contract covers | A structural or condition defect that defeats the named activity from day one |
| Any purpose — a cosmetic imperfection | Not part of the Article 15 test if it does not affect use | A mark or minor wear that leaves the property fully usable does not breach Article 15 |
When Article 15 applies — worked examples
On move-in day the apartment has no working cooling and the water is disconnected.
What is usually neededThis is a core Article 15 handover failure: the home was not delivered fit to live in. The tenant should record the state in writing with dated photos, notify the landlord at once, and — if it is not put right — raise it at the Rental Disputes Centre as a delivery defect rather than treating it as ordinary later maintenance.
A unit is leased for a specific trade but, as handed over, cannot be used for it.
What is usually neededBecause the agreed purpose is the yardstick, a unit that cannot serve the named activity on handover may not meet Article 15. The tenant should point to the purpose recorded in the contract, document the defect, and take it up first with the landlord and then, if needed, at the Centre. What the lease actually covers for that activity frames the claim.
The property is fully usable at handover, but a minor cosmetic mark bothers the tenant.
What is usually neededArticle 15 is about use, not appearance. A mark or small imperfection that leaves the property fully usable for its purpose does not breach the delivery duty. The tenant can still note it in the handover record so it is not later mistaken for damage caused during the tenancy, but it is not an Article 15 defect on its own.
A defect appears three months after move-in, when everything worked on handover.
What is usually neededThis is not Article 15 — it is Article 16. Because the property was delivered fit for use and the fault arose later, the question is the during-term maintenance duty, not the handover standard. The route is still a written request to the landlord and, if refused, the Centre, but the fact to prove is that the defect appeared during use.
What to do when a property is delivered unfit
Inspect and record at handover
On the day of delivery, inspect the property and record its condition with dated photos or video, listing any defect that affects use. This is the single most useful step in any Article 15 dispute.
Notify the landlord in writing
Report the defect to the landlord in writing straight away, keeping a copy. Ask for it to be put right and note that it prevents the agreed use. A prompt written notice separates a handover defect from later wear.
Check the purpose in the contract
Read the purpose recorded in the lease under Article 4. Article 15 is judged against that agreed purpose, so the contract wording frames whether the property was delivered fit for what it was leased for.
Prepare the file
Gather the Ejari-registered contract, Emirates ID, the handover record and correspondence, and any translation the file needs to move between Arabic and other languages.
File at the Rental Disputes Centre
Submit a claim over the delivery defect and any loss. The claim is first assessed for an amicable settlement, then decided by a First Instance Committee if it is not resolved.
Decision and enforcement
A final award, with an appeal route, is enforced through the Centre's Judgment Execution Department. Throughout, the tenant should keep paying rent as it falls due.
What to keep from handover
- The Ejari-registered tenancy contract, showing the agreed purpose and the property description
- A signed handover or condition record made on the day the keys changed hands
- Dated photos or video of the property's condition at move-in, especially any defect
- Your written notice of any handover defect and the landlord's reply
- Any snagging list or inspection report exchanged before or at handover
- Certified translation of any document not already in the language the file requires
A general "as is" line does not erase the delivery duty
Parties are free to record the exact condition at handover, and a tenant who accepts a specific, listed defect at move-in cannot later treat that same known defect as a surprise. But Article 15 protects the tenant's core ability to use the property for the agreed purpose, so a vague, catch-all "accepted as is" line is read narrowly and does not quietly excuse the landlord from delivering a property that is actually usable for what it was leased for. The safe course is precise: a clear condition record listing what was and was not working, rather than a blanket waiver that decides nothing when a dispute arrives.
Common mistakes on both sides
The mistakeTaking the keys without inspecting or recording the property's condition.
The fixInspect at handover and keep a dated record. Without it, an Article 15 dispute becomes one person's word against another about the condition on delivery day.
The mistakeTreating a defect that arose months into the tenancy as an Article 15 handover breach.
The fixA fault that appears during use is Article 16 maintenance, not Article 15 delivery. Identify which one applies, because it changes the fact you must prove.
The mistakeA landlord assuming any signed "as is" line cancels the duty to deliver a usable property.
The fixA vague waiver is read narrowly against the Article 15 standard. Record specific accepted defects precisely instead of relying on a blanket line.
The mistakeA tenant withholding rent because the property was delivered with a defect.
The fixWithholding rent usually weakens the tenant's position. Notify in writing, keep the evidence, and file at the Centre while continuing to pay as rent falls due.
The mistakeConfusing a cosmetic imperfection with a defect that prevents use.
The fixArticle 15 turns on use, not looks. A mark that leaves the property fully usable is not a breach; a fault that defeats the agreed purpose is.
Article 15: questions and answers
Article 15 requires the landlord to hand the property over to the tenant in good condition that allows full use of it for the purpose agreed in the contract. It is the handover standard at the start of a Dubai tenancy, and it decides most disputes about a defect that was already present when the keys changed hands.
Good condition means a state that lets the tenant make full use of the property for its agreed purpose — not perfection or a brand-new finish. The test is functional: a home must be fit to live in and a unit leased for a named activity must be fit for that activity. A cosmetic mark that leaves the property fully usable is not a breach.
Article 15 is about delivery at the start — the property must be handed over fit for use. Article 16 is about maintenance during the term — the landlord keeps the property maintained and repairs defects that arise while the tenant is in occupation, unless the parties agree otherwise. A defect present at handover is an Article 15 matter; a fault that appears later is an Article 16 matter.
Record the condition at handover with dated photos, notify the landlord in writing that the defect prevents the agreed use, and ask for it to be put right. If it is not resolved, you can file at the Rental Disputes Centre over the delivery defect and any loss. A clear handover record is usually decisive, because Article 15 disputes turn on the property's condition on delivery day.
The parties can record the exact condition at handover, and a tenant who accepts a specific listed defect cannot later treat it as a surprise. But a vague, catch-all "as is" line is read narrowly and does not quietly excuse the landlord from delivering a property usable for its agreed purpose, because that is the core of Article 15. Listing accepted defects precisely is far safer than a blanket waiver.
Yes. Article 15 measures fitness against the purpose the contract states, so it applies to residential, office and commercial leases alike. A unit leased for a named activity must be delivered in a condition fit for that activity within what the lease covers; what "fit for use" means simply follows the agreed purpose recorded in the contract.
The Rental Disputes Centre, part of Dubai Land Department, decides delivery and condition disputes between landlords and tenants. A claim is first assessed for amicable settlement, then decided by a First Instance Committee if needed, with an appeal route, and a final award is enforced by the Centre's execution department. Neither party decides an Article 15 dispute alone.
Where MANJAZ fits in
MANJAZ is a publisher and service provider, not a court and not a law firm, and it never guarantees a particular result. What we do is practical: read the tenancy contract and its recorded purpose against Article 15 and the articles around it, help a party organise the handover record and the evidence a delivery dispute needs, prepare and arrange the file, and provide certified and legal translation where documents must move between Arabic and other languages.
Whether you are a tenant handed a property you cannot use for what you leased it for, or a landlord who wants the handover condition recorded correctly and any dispute handled through the proper channel, the value is the same: identify what Article 15 requires at delivery, separate it clearly from later maintenance, keep a clean written record, and follow the lawful route through the Rental Disputes Centre. Getting the handover details right early is what most often shapes how a dispute ends.
Official sources
- Dubai Legislation — Law No. 26 of 2007 (landlord & tenant) — original text; Arts 2, 3, 4, 9, 13, 14, 15, 25, 26, 29, 36 amended by Law 33/2008
- Dubai Legislation — Law No. 33 of 2008 amending Law 26/2007
- Dubai Legislation — Decree No. 26 of 2013 (Rental Disputes Centre)
- Rental Disputes Centre — About the Centre
This content is for general information and awareness. It is based on the legislation and official sources available at the time of the last review, and procedures may differ according to the facts of each case and updates issued by the competent authorities. It is not legal advice, and MANJAZ is the publisher of this explanation, not the authority that issued the legislation.
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