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Law 26/2007 · Article 20

Article 20 of Dubai Tenancy Law: The Security Deposit

Article 20 is the single provision that governs the security deposit in a Dubai tenancy. It does two things in one sentence: it lets the landlord take a deposit to secure the maintenance of the property, and it obliges the landlord to give that money back — in full, or the balance after deducting the cost of maintenance the tenant was responsible for — when the contract expires. The deposit is never a fee and never the landlord's to keep by default; it is the tenant's money, held as security, measured against the condition of the property. This page explains what Article 20 actually says, what it means for a landlord and for a tenant, when it bites, and what happens when the two sides disagree over a deduction.

  • A landlord may take a deposit for one purpose only: to secure the maintenance of the property
  • On expiry the landlord returns the whole deposit, or the balance after lawful maintenance deductions
  • Only the real cost of tenant-caused damage may be deducted, never fair wear and tear (Article 21)
  • If a deduction is disputed, the Rental Disputes Centre decides it on the evidence
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In one sentence

What Article 20 says, in one line

Article 20 of Dubai's tenancy law lets a landlord take a security deposit to guarantee the property is maintained, and requires the landlord to return that deposit — the whole of it, or the balance after deducting the actual cost of any maintenance the tenant was responsible for — when the tenancy expires.

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 20 sits in the part of that law that sets out each side's obligations, and it deals with one thing only — the money a tenant hands over at the start of a tenancy as security. The article does two jobs at once. It confirms that taking a deposit is lawful, and it fixes what must happen to that deposit at the end: it comes back, minus only what the landlord genuinely spent to repair damage the tenant caused.

Everything difficult about deposits flows from that last clause. Because the deposit is returned "or the remainder thereof after deducting maintenance costs incurred", the whole argument at the end of a tenancy usually comes down to one question: which costs did the tenant actually cause, and which are simply the ordinary wear of living in a home? Article 20 does not answer that question alone — it is read together with Article 21, which says the tenant must return the property in the condition it was received, except for fair wear and tear. The two articles are the complete legal test for a deposit.

The provision

What Article 20 actually provides

In plain terms, Article 20 provides that the landlord may obtain a security deposit from the tenant in order to secure the maintenance of the property, on condition that the landlord returns the deposit, or the remainder of it, to the tenant when the lease expires. Two ideas are packed into that. First, the deposit has a defined purpose — securing maintenance — and that purpose sets its outer limit. Second, the default position at the end of the term is return, not retention; the landlord keeps back only what a real maintenance cost consumes.

It is worth being precise about the words the article does not use, because they explain most disputes. Article 20 does not say the deposit is a payment for cleaning, repainting or "renewal" at the end of a tenancy. It does not say the landlord may keep it if the tenant leaves early, nor that it converts into the last month's rent. It does not fix a percentage the landlord may retain, and — importantly — it does not set a specific number of days for the refund. It fixes a principle and a limit; the detail of timing and amount is worked out from the facts of each tenancy and, where the parties cannot agree, by the competent tribunal.

What Article 20 means in practice

In practice, Article 20 makes the deposit a conditional holding, not a transfer of ownership. The money changes hands, but its legal character does not: it stays the tenant's, held by the landlord against a specific risk — that the tenant leaves the property damaged beyond ordinary use. If that risk never materialises, there is nothing for the deposit to secure and it is returned whole. If it does, the landlord may apply the deposit to the real cost of putting the damage right, and must return whatever is left with an account of what was taken and why.

Because the test is condition-based, the practical centre of gravity moves to the start and the end of the tenancy. The condition in which the property was handed over, and the condition in which it is handed back, are the two facts that decide everything Article 20 turns on. That is why a dated move-in inventory with photographs, mirrored by the same at move-out, is worth more than any argument later: it converts the whole question from opinion into evidence. Where there is no record, both sides are left asserting, and an assertion is exactly what a tribunal cannot rely on.

The terms Article 20 turns on

Maintenance costs incurred
The cost the landlord actually spends to repair damage the tenant is responsible for. Only these costs may be taken out of the deposit under Article 20; everything else must be returned.
The remainder / the balance
What is left of the deposit after a lawful deduction. Article 20 requires this balance to be returned to the tenant on expiry; if nothing is lawfully deducted, the balance is the whole deposit.
Fair wear and tear (Article 21)
The ordinary deterioration that comes from using the property normally over time. Article 21 expressly excepts it from the tenant's duty to return the property in its received condition, so it cannot be charged to the deposit.
Received condition
The state of the property when the tenant took possession — the benchmark Article 21 uses to judge how it must be handed back, and against which any Article 20 deduction is measured. A dated move-in record is what proves it.
Ejari-registered contract
The tenancy contract registered with RERA. The Centre asks for a copy of the registered contract when a case is filed, so the registered contract — recording the deposit — is the document a deposit claim rests on.

How Article 20 reads from each side

For the landlord

  • You may lawfully take a deposit to secure maintenance — it is a recognised protection
  • You may recover the real cost of repairing damage the tenant caused, without chasing a separate claim
  • You must limit any deduction to genuine maintenance costs, backed by evidence and invoices
  • You cannot charge fair wear and tear, and you must return the balance with an itemised account

For the tenant

  • The deposit is your money held as security, not a fee and not forfeit
  • Only the real cost of damage you actually caused may be deducted
  • Fair wear and tear — fading, normal ageing — cannot be charged to you (Article 21)
  • You are entitled to the balance and to an itemised statement of any deduction

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When Article 20 applies — worked examples

The tenancy ends and the flat is handed back much as it was received.

What is usually neededArticle 20 requires the whole deposit to be returned. With nothing beyond fair wear and tear to repair, there is no maintenance cost to deduct, so the balance is the entire sum — settled once the property is inspected and the utility account is closed.

The tenant cracked a bathroom door and burned a kitchen worktop during the term.

What is usually neededThis is genuine tenant-caused damage beyond ordinary use, so its real, invoiced repair cost may be deducted under Article 20 — but only that cost. The landlord returns the balance of the deposit with an itemised statement showing the two repairs.

The landlord keeps the full deposit "for repainting and deep cleaning" as a matter of routine.

What is usually neededRoutine repainting for ordinary fading is fair wear and tear under Article 21 and cannot be charged. Article 20 permits deducting only real maintenance costs the tenant caused, so a blanket retention with no identified damage is not a lawful deduction.

A tenant asks to treat the deposit as the last month's rent instead of paying.

What is usually neededThe deposit under Article 20 secures the condition of the property, not the payment of rent. Rent stays due separately until the tenancy ends, and setting the deposit off against rent leaves both the rent and any end-of-term repair unresolved.

When a deduction is disputed, who decides

Article 20 fixes the rule, but it does not let the landlord be the final judge of it. Read with Article 21, which says that disputes over the condition of the property are decided by the competent tribunal, the deposit question is settled — where the parties cannot agree — by the Rental Disputes Centre, the specialised judicial body for tenancy cases in Dubai, established by Decree No. 26 of 2013 and part of Dubai Land Department. Holding the money does not give the landlord the last word; neither side's assertion settles the matter. It is decided on the evidence.

A deposit claim usually begins with conciliation, where the Centre tries to broker a quick settlement, and moves to a First Instance Committee if that fails, with a route of appeal in accordance with the decree and enforcement through the Centre's execution department. The claim is far stronger when it rests on documents rather than words: the registered contract recording the deposit, the move-in and move-out records, receipts, the utility clearance, and the landlord's own itemised deduction. Because this is the settlement of a money difference, the case is won on evidence, not on volume of argument.

Article 20 fixes a principle, not a set number of days

Article 20 requires the deposit, or its balance, to be returned when the contract expires, but it does not prescribe a specific deadline such as a fixed number of days. In practice the refund is settled once the property has been inspected, any lawful maintenance cost is quantified with an invoice, and the final utility account is closed. If a landlord withholds the money without a genuine, evidenced deduction, or is simply unresponsive, the tenant's remedy is to demand an itemised account in writing and, if that fails, to file at the Rental Disputes Centre. Do not rely on any fixed "X days" figure quoted informally — it is not in the article.

The documents an Article 20 claim relies on

  • The signed, Ejari-registered tenancy contract recording the deposit amount
  • The deposit receipt or proof of payment
  • A dated move-in inventory and photographs, room by room
  • The same inventory and photographs repeated at move-out
  • Invoices for any repair the landlord treats as a deduction
  • The final DEWA and district-cooling clearance
  • The landlord's written, itemised statement of any deduction

Common mistakes on both sides

  • The mistakeTreating the deposit as automatic income for cleaning and repainting.

    The fixArticle 20 allows deducting only real maintenance costs the tenant caused; ordinary fading and wear are excepted by Article 21 and cannot be charged.

  • The mistakeMoving in without recording the property's condition.

    The fixArticle 21 measures the return against the received condition; a dated move-in inventory and photographs are what prove that benchmark for an Article 20 claim.

  • The mistakeAccepting a deduction with no itemised statement or invoice.

    The fixAsk for a written, itemised account of each deduction with the supporting invoice; an unexplained retention is exactly what the Rental Disputes Centre will examine.

  • The mistakeUsing the deposit as the last month's rent.

    The fixThe deposit secures condition, not payment; rent stays due separately, and setting the deposit against rent can leave you exposed on both.

  • The mistakeLeaving DEWA or cooling bills unpaid at move-out.

    The fixClose the accounts and keep the final clearance; unresolved utilities are one of the commonest reasons a refund stalls, even when no Article 20 deduction is due.

Article 20 — questions and answers

Article 20 lets a landlord take a security deposit to secure the maintenance of the property, and requires the landlord to return that deposit — the whole of it, or the balance after deducting the real cost of maintenance the tenant was responsible for — when the tenancy expires. It is part of Law No. 26 of 2007, as amended by Law No. 33 of 2008.

Practical support

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: review the tenancy file and any deductions against the Article 20 and Article 21 standard, help you assemble the move-in and move-out evidence into a clear, ordered bundle, prepare and organise the documents needed to demand an itemised account or to file at the Rental Disputes Centre, and arrange certified and legal translation where the file must move between Arabic and other languages.

Whether you are a tenant who believes a deduction is unfair, or a landlord who wants to raise one correctly and defensibly, the value is in getting the details right early: a documented received condition, a matching handover record, and any deduction limited to a real, invoiced cost. Most deposit questions are settled by the quality of that paperwork long before anyone reaches 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.

Next step

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