Article 16 of Dubai Tenancy Law: Who Pays for Maintenance?
One short article decides most repair arguments in a Dubai tenancy. Article 16 of Law No. 26 of 2007 makes the landlord responsible for maintaining the property and repairing defects that affect the tenant's use during the lease term — unless the parties agree otherwise. That single phrase, "unless the parties agree otherwise", is where most confusion begins and where most disputes are won or lost. This page sets out exactly what Article 16 says, what the exception can and cannot shift onto the tenant, how the duty looks from each side, and what to do when a repair is refused.
- By default the landlord maintains the property and repairs defects affecting use throughout the term
- A contract can move some repairs to the tenant — but only what it says clearly and expressly
- The law fixes no "major vs minor" split and no money threshold; that division comes only from the contract
- A repair disagreement is decided by the Rental Disputes Centre, not by either party alone
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Who is responsible for maintenance under Article 16?
Under Article 16 of Dubai's tenancy law, the landlord is responsible for maintaining the property and repairing any defect that affects the tenant's intended use during the term — unless the landlord and tenant have expressly agreed otherwise in the contract.
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 16 sits at the heart of every repair question. It sets a clear default: while the tenant is in occupation, keeping the property in working order is the landlord's job. The tenant is entitled to a home that functions for the purpose it was leased for, and the burden of upkeep rests with the owner unless the two sides have written something different into their agreement.
Two ideas do the work in this article. The first is scope: the duty covers maintenance and the repair of defects or faults that affect the tenant's intended use — not cosmetic preferences, but the things that keep the property usable. The second is the exception: the words "unless the parties agree otherwise" allow the contract to move part of that duty onto the tenant. Because it is an exception to a default, it is read narrowly, and it only shifts what the contract clearly and expressly transfers. Silence in the contract leaves the duty exactly where Article 16 puts it — on the landlord.
What Article 16 actually says
In plain terms, Article 16 provides that unless the parties agree otherwise, during the term of the lease the landlord is responsible for the property's maintenance and for repairing any defect or fault that affects the tenant's intended use of it. The article is short, and that brevity is deliberate: it fixes who carries the duty, and leaves the fine detail of any different arrangement to the contract the parties choose to write.
It helps to read Article 16 next to the articles around it. Article 15 requires the landlord to hand over the property in a condition that allows full use for the agreed purpose — a duty at the start of the tenancy. Article 16 then carries that standard through the term: the property must not only be delivered fit for use, it must be kept fit for use. Article 17 adds that the landlord may not make any change that would prevent the tenant's use. Together these articles protect one thing — the tenant's ability to actually use the home they are paying for.
The "major vs minor" split does not come from the law
People often ask where the line falls between "major" and "minor" maintenance, and assume the law draws it. It does not. Law 26/2007 does not itself split repairs into major and minor, and it sets no monetary threshold. Article 16 simply places maintenance on the landlord unless the parties agree otherwise. The familiar idea — that the tenant handles small everyday fixes while the landlord handles the big ones — is a market convention that lives in contracts, not a rule in the statute.
That matters because it tells you how any shift of responsibility has to be done. To move repairs onto the tenant, the contract must say so in clear, express words, and it is far better if it states the category or a value up to which the tenant covers small fixes. Where the clause is vague, or missing, the Article 16 default controls and the landlord remains responsible. And even a valid minor-repairs clause is read against Articles 15 and 17: it cannot quietly transfer structural elements, building systems, or any defect that prevents the agreed use, because those go to the tenant's core right to use the property.
How Article 16 looks from each side
The landlord
- Carries maintenance and repair of use-affecting defects by default throughout the term (Art 16)
- Keeps structural, system and safety works — these cannot be pushed onto the tenant
- May move minor, day-to-day repairs to the tenant only by a clear, express contract clause
- Should respond to written repair requests promptly to avoid a maintenance claim
- May hold a security deposit to secure maintenance and recover genuine costs (Art 20)
The tenant
- Is entitled to a property kept fit for the agreed use during the term (Art 16)
- Must use the property with the care of a reasonable person and not cause damage
- Carries only the minor repairs the contract expressly and clearly assigns
- Should report faults promptly in writing so the landlord can meet the duty
- Returns the property in its received condition, ordinary wear and tear excepted (Art 21)
Common repairs and where they usually fall
| Repair or issue | Default position under Article 16 (and 15/17) | What can change it |
|---|---|---|
| Central cooling or plumbing system failure | Landlord — maintenance affecting use | Rarely; a system fault is hard to transfer even by clause |
| Structural fault or a building safety issue | Landlord — protected by Articles 15 and 17 | Nothing; it cannot be pushed onto the tenant |
| A defect present at handover (e.g. a leak) | Landlord — the property was not delivered fit for use | Nothing; this is a handover obligation (Art 15) |
| Small day-to-day fixes (e.g. a tap washer, a light fitting) | Landlord by default; commonly assigned to the tenant | A clear, express clause transferring minor repairs |
| Damage caused by the tenant's misuse or negligence | Tenant — must use with a reasonable person's care | Cost may be met from the security deposit (Art 20) |
| Ordinary wear and tear over the years of occupation | Neither party owes a repair; it is normal ageing | Cannot be deducted from the deposit (Art 21) |
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When Article 16 applies — worked examples
The central cooling fails in summer and the landlord will not fix it.
What is usually neededThis is core Article 16 maintenance affecting use, and no clause clearly moves it to the tenant. The tenant should notify the landlord in writing, keep proof of the fault and the request, and — if the refusal continues — file at the Rental Disputes Centre for the repair and any loss suffered.
The contract says the tenant handles minor repairs, and a tap washer fails.
What is usually neededHere the express clause is valid and the small fix is the tenant's. But the same clause does not reach a burst pipe inside the wall, which is a system fault the landlord keeps under Article 16 — a minor-repairs clause does not silently transfer major or structural works.
The lease is silent on maintenance and the water heater breaks down.
What is usually neededSilence is decisive here: with no clause, the Article 16 default applies in full and the repair is the landlord's. A tenant does not need a maintenance clause to be entitled to the repair — the absence of one simply leaves the duty on the landlord.
A tenant damages a fitted kitchen through clear misuse.
What is usually neededArticle 16 does not cover damage the tenant causes. The tenant must use the property with a reasonable person's care, so a misuse repair is the tenant's. On exit the landlord may deduct genuine repair costs from the security deposit under Article 20 — but not ordinary wear and tear, which stays excepted under Article 21.
What to do when a repair is refused
Document the fault
Record the defect with dated photos or videos and note when it started, so the timeline and its effect on your use are clear later.
Notify in writing
Send a written request to repair, keeping a copy. A clear record of the request and the landlord's response is often decisive in an Article 16 dispute.
Check the contract clause
Read any maintenance clause carefully. If it does not clearly and expressly assign this repair to the tenant, the Article 16 default keeps it with the landlord.
Prepare the file
Gather the Ejari-registered contract, Emirates ID, the evidence and correspondence, and any translation the file needs to move between Arabic and other languages.
File at the Rental Disputes Centre
Submit a claim for the repair or the loss. The claim is first assessed for an amicable settlement, then decided by a First Instance Committee if needed.
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 for a maintenance dispute
- The Ejari-registered tenancy contract and any maintenance clause or addendum
- Dated photos or videos of the defect and its effect on your use
- Your written repair requests and the landlord's replies
- Quotes or invoices showing the cost of the repair or the loss suffered
- The handover condition record, if one was made at move-in
- Certified translation of any document not already in the required language
Common mistakes on both sides
The mistakeAssuming the law itself splits repairs into "major" for the landlord and "minor" for the tenant.
The fixThe law fixes no such split. Article 16 puts maintenance on the landlord unless a clear contract clause moves specific repairs to the tenant.
The mistakeTreating a vague "tenant maintains the property" line as covering everything.
The fixThe exception is read narrowly. A vague clause usually falls back to the default, and major, system and structural works stay with the landlord.
The mistakeA tenant withholds rent to protest a repair the landlord has not done.
The fixWithholding rent usually weakens the tenant's position. The better course is to notify in writing, keep evidence, and file a maintenance claim while continuing to pay.
The mistakeA landlord deducts ordinary wear and tear from the security deposit as "maintenance".
The fixUnder Article 21 ordinary wear and tear is excepted. The deposit under Article 20 covers genuine maintenance and tenant-caused damage, not normal ageing.
The mistakeReporting a fault only by phone, with no written record.
The fixPut every request in writing and keep it. A documented request and response is what proves the timeline if the matter reaches the Centre.
Article 16: questions and answers
Article 16 provides that, unless the parties agree otherwise, during the lease term the landlord is responsible for maintaining the property and for repairing any defect or fault that affects the tenant's intended use of it. It is the default rule that decides most repair questions in a Dubai tenancy.
Yes, but only what the contract clearly and expressly transfers. The words "unless the parties agree otherwise" let a lease move specific repairs onto the tenant, yet the exception is read narrowly. A vague clause falls back to the default, and structural, system and use-preventing defects stay with the landlord.
No. The law sets no major/minor split and no monetary threshold. Article 16 places maintenance on the landlord unless the parties agree otherwise, so any division between the tenant's small fixes and the landlord's larger works comes from the contract, not the statute.
A cooling failure that affects your use is core Article 16 maintenance. Notify the landlord in writing, keep the evidence, and if the repair is still refused, file a claim at the Rental Disputes Centre for the repair and any loss. A minor-repairs clause does not cover a major system failure.
The tenant. Article 16 covers ordinary maintenance and use-affecting defects, not damage the tenant causes. The tenant must use the property with a reasonable person's care; genuine repair costs for tenant-caused damage may be met from the security deposit under Article 20, while ordinary wear and tear is excepted under Article 21.
Silence leaves the duty on the landlord. Article 16 applies in full whenever the contract does not expressly shift repairs, so a tenant does not need a maintenance clause to be entitled to the repair. The absence of any clause simply means the default rule governs.
The Rental Disputes Centre, part of Dubai Land Department, decides maintenance 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.
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 maintenance clause against Article 16 and the articles around it, help a party organise the evidence a repair 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 whose repair has been ignored or a landlord who wants a maintenance clause written correctly and enforced through the proper channel, the value is the same: identify what Article 16 makes the landlord's and what a clause can genuinely shift, keep a clean written record, and follow the lawful route through the Rental Disputes Centre. Getting those 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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