Article 23: Removing Leasehold Improvements When You Vacate
When a Dubai tenancy ends, the tenant hands the property back — but what about the shelving fixed to the wall, the upgraded kitchen, the partition that split the office, or the flooring that was laid? Article 23 of the tenancy law answers with a default that surprises many people: unless the landlord and tenant agreed otherwise, the tenant may not remove the improvements they made to the property when they vacate. What a tenant fixes to the property tends to stay with the property. This explainer sets out what Article 23 actually says, where the line falls between an improvement you must leave and your own belongings you can take, and how the short phrase "unless otherwise agreed" quietly decides most of these disputes before they even begin.
- Unless the parties agreed otherwise, a tenant may not remove leasehold improvements they made when vacating (Article 23)
- What is fixed to the property tends to stay; your movable belongings remain yours to take
- The words "unless otherwise agreed" put the answer in the lease — a removal or reinstatement clause decides it
- Stripping out fixtures and leaving damage can hit the security deposit (Art 20) and the return-in-condition duty (Art 21)
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Can a tenant remove improvements when leaving a Dubai property?
Generally, no. Under Article 23 of Law No. 26 of 2007, unless the landlord and tenant agreed otherwise, when the tenant vacates and hands the property back they may not remove the leasehold improvements they themselves made to it. In other words, the additions a tenant fixes to the property during the lease normally stay with the property when the lease ends.
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 23 answers a narrow but common question at the very end of a tenancy: who owns the improvements the tenant made? A tenant who tiles a floor, builds a wardrobe, installs a fitted kitchen or partitions an office has changed the property itself. The law's default is that those changes belong to the property, not to the tenant, so the tenant cannot rip them out on the way out. The single exception is agreement — if the parties agreed the tenant could take them, that agreement governs.
This does not mean the tenant leaves empty-handed. Article 23 is about improvements fixed to the property — not about the tenant's own movable belongings. Free-standing furniture, an appliance that simply unplugs, curtains the tenant can unclip and similar loose items remain the tenant's property and leave with them. The article bites only where something has been attached to or built into the property, so that removing it would change or damage the property itself.
Why this matters is money and condition. A tenant who wrongly strips out fixtures at the end of a lease not only loses the argument under Article 23; they may also breach Article 21, which requires the property to be returned in the condition it was received, and expose the security deposit under Article 20, from which the landlord may deduct the cost of making good the damage. Getting the point right before handover is far cheaper than fighting over it afterwards.
What Article 23 actually says
In plain terms, Article 23 provides that, unless the parties to the lease agreed otherwise, on vacating and surrendering the property the tenant may not remove any leasehold improvements they made. The provision has two moving parts, and both do work. The first is the default rule: the tenant may not take away the improvements. The second is the exception that opens it — "unless otherwise agreed". Everything turns on whether the parties made a different arrangement in the contract.
A "leasehold improvement" is a change the tenant made to the property that improves or alters it and is attached to it — new flooring, a fitted or upgraded kitchen, built-in wardrobes, fixed shelving, a commercial fit-out, partitions, an installed air-conditioning unit and similar work. The common thread is that the item has become part of the property rather than remaining a loose object sitting inside it. Because it has merged into the property, Article 23's default treats it as the property's — not the departing tenant's — to remove.
It is worth being clear about what Article 23 does not say. It does not, by itself, give the tenant a right to be paid for the improvements they leave behind, and it does not oblige the landlord to compensate the tenant for them. Nor does it force the tenant to strip the property back to its original state — that is a separate question answered by Article 21 and by any reinstatement clause in the lease. What Article 23 settles is only this: the tenant cannot unilaterally remove the improvements on the way out unless the parties agreed they could.
What you must leave, and what you can take
The practical heart of Article 23 is a line between two categories. On one side are leasehold improvements — things the tenant fixed to, built into or permanently altered on the property. On the other are the tenant's chattels — movable belongings that were only ever placed inside the property and can be removed without changing it. The tenant leaves the first and takes the second. Most end-of-tenancy disagreements are really arguments about which side of that line a particular item sits on.
Some items are easy to place: a sofa is plainly movable, a re-tiled floor is plainly an improvement. The hard cases sit in between — a wall-mounted bracket, a fitted wardrobe, an installed water heater, a mounted air-conditioning unit, curtains on a drilled rail. A useful test is whether removing the item would leave the property changed or damaged, and whether it was meant to be permanent. If taking it out means holes, missing fixtures or a downgraded property, it looks like an improvement the tenant should leave under Article 23 — unless the lease says the tenant may take it.
The terms that decide an Article 23 question
- Leasehold improvement
- A change the tenant made that is attached to the property and improves or alters it — flooring, a fitted kitchen, built-in wardrobes, partitions, a fit-out. Article 23 keeps it with the property unless the parties agreed otherwise.
- Movable property (chattels)
- The tenant's own loose belongings placed inside the property — free-standing furniture, unplugged appliances, décor that lifts off. These are not caught by Article 23 and leave with the tenant.
- Reinstatement
- Returning the property to its original condition by undoing the tenant's alterations. Whether it is required depends on the lease; a reinstatement clause is the "otherwise agreed" that changes Article 23's default.
- Fair wear and tear
- The ordinary deterioration expected from normal use over time. Article 21 excepts it from the tenant's duty to return the property in received condition, so it is not damage the tenant must repair.
- Security deposit
- The refundable sum the landlord may hold under Article 20 to secure the property's condition, returning the balance on expiry after deducting the cost of any damage — including damage from wrongly removing fixtures.
What the article means for each side
For the landlord
- Improvements the tenant fixed to the property normally stay with it — the tenant cannot strip them out on leaving
- If you actually want the property returned to its original state, say so in the lease with a reinstatement clause
- You may deduct the cost of making good damage from wrongly removed fixtures from the security deposit (Art 20)
- Article 23 does not, by itself, oblige you to pay the tenant for improvements they leave behind
- Condition and improvement disputes are decided by the Rental Disputes Centre if they cannot be settled
For the tenant
- Unless the lease agreed otherwise, you may not remove leasehold improvements you made when you vacate
- Your movable belongings remain yours — Article 23 is about fixtures, not free-standing items
- If you want the right to remove improvements or to be compensated, agree it in writing before you make them
- Get the landlord's approval before major alterations, and keep the property returnable in its received condition (Art 21)
- Do not rip out fixtures at the end and leave damage — it can cost you the deposit and more
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The words "unless otherwise agreed" decide it — put it in the lease
Article 23's default only applies where the parties said nothing. Because the article opens with "unless otherwise agreed", the lease can change the outcome completely: it can allow the tenant to remove specified improvements at the end, require the tenant to reinstate the property to its original condition, or set out what happens to a fit-out on exit. This is why fit-out, alteration and reinstatement clauses are worth negotiating carefully at the start of a commercial or long residential lease. Deciding at the end, once the improvements are already fixed to the property, is where disputes are born; deciding at the start, in writing, is where they are avoided.
How Article 23 plays out in real situations
A tenant fitted a new kitchen and built-in wardrobes and now wants to take them when leaving.
What is usually neededUnder Article 23 these are leasehold improvements fixed to the property, so the default is that they stay unless the lease agreed the tenant could remove them. If the tenant wanted that right, it needed to be agreed in writing — ideally before the work was done. Removing them now and leaving damage would also breach Article 21 and expose the deposit.
A tenant is leaving and taking their free-standing sofa, dining table and a fridge that simply unplugs.
What is usually neededThese are the tenant's movable belongings, not leasehold improvements, so Article 23 does not stop the tenant taking them. The test is whether removing an item changes or damages the property; loose, free-standing items that lift out cleanly leave with the tenant.
A business fitted out a leased shop with counters, partitions and signage and the lease is ending.
What is usually neededA commercial fit-out is a classic leasehold improvement. Whether the tenant removes it or leaves it depends on what the lease says: some commercial leases require the tenant to reinstate the unit to a bare shell, others let the fit-out stay. That "otherwise agreed" term, not Article 23's bare default, will decide it — read it before touching anything.
A tenant removed a mounted air-conditioning unit and shelving, leaving holes and exposed wiring.
What is usually neededEven if the tenant paid for and installed those items, Article 23 treats attached improvements as staying with the property absent agreement, and Article 21 requires the property back in its received condition. The landlord may deduct the cost of making good the damage from the security deposit under Article 20 and pursue any shortfall.
What to keep for a clean end-of-tenancy handover
- The signed, Ejari-registered tenancy contract, including any fit-out, alteration or reinstatement clause
- The landlord's written approval for any alterations or improvements the tenant made
- A move-in condition report and photographs showing the property's original state
- Invoices and specifications for the improvements the tenant installed
- Any written agreement on removing improvements or on compensation for them
- The security-deposit receipt and a move-out condition report with photographs
Common mistakes on both sides
The mistakeAssuming that because you paid for and installed a fixture, you can always take it with you.
The fixArticle 23's default is the opposite — attached improvements stay with the property unless the lease agreed you could remove them. Agree the right to remove in writing, ideally before you install anything.
The mistakeA landlord expecting the property stripped back to a bare shell without any clause saying so.
The fixArticle 23 keeps the improvements in place but does not, by itself, force reinstatement. If you want the original condition back, put a reinstatement clause in the lease.
The mistakeRipping out fixtures at the end and leaving holes, wiring or a downgraded property.
The fixThat breaches the duty to return the property in its received condition (Art 21) and can be deducted from the deposit (Art 20). Make good the damage, or leave the improvement in place.
The mistakeLeaving removal and compensation to be sorted out at move-out.
The fixThe phrase "unless otherwise agreed" means the answer belongs in the lease. Decide at the start who keeps the fit-out and whether anything is paid, not at the end.
The mistakeConfusing your movable belongings with fixtures — leaving them behind, or fighting over them.
The fixFree-standing, unattached items are yours to take under any reading of Article 23; a move-in and move-out inventory with photos settles which is which.
Questions and answers
Generally no, unless the lease agreed otherwise. Article 23 of Law No. 26 of 2007 says that, unless the parties agreed differently, a tenant vacating the property may not remove the leasehold improvements they made. What the tenant fixed to the property normally stays with it; only the tenant's movable belongings leave with them.
A change the tenant made to the property that is attached to it and improves or alters it. Examples include new flooring, a fitted or upgraded kitchen, built-in wardrobes, fixed shelving, partitions and a commercial fit-out. The test is whether removing the item would change or damage the property; if so, it is an improvement the tenant should leave unless the lease says otherwise.
Yes — movable belongings are not caught by Article 23. Free-standing furniture, unplugged appliances and loose items the tenant placed inside the property remain theirs and leave with them. The article only prevents removing improvements that were fixed to or built into the property.
No — Article 23 does not, by itself, give the tenant a right to compensation for improvements left behind. Whether the tenant is paid for a fit-out or upgrade depends entirely on what the parties agreed in the lease. If you want compensation or a removal right, agree it in writing before you make the improvement.
Only if the lease provides for it. Article 23 keeps improvements in place but does not by itself require reinstatement. The duty to return the property in the condition received comes from Article 21, and a reinstatement clause in the lease is the "otherwise agreed" term that can require the tenant to undo alterations.
It can cost them. Removing attached improvements against Article 23 and leaving damage breaches the duty to return the property in received condition under Article 21, and the landlord may deduct the cost of making good from the security deposit under Article 20 — and pursue any shortfall at the Rental Disputes Centre.
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 contract for its fit-out, alteration and reinstatement terms, help a tenant or landlord record clearly what may be removed and what must stay, organise the move-in and move-out condition evidence that decides most Article 23 disputes, and arrange certified and legal translation where the file must move between Arabic and other languages.
Whether you are a tenant planning improvements and wanting the right to remove them, or a landlord deciding how the property should come back, the value is in fixing the detail in writing before the work is done. Most end-of-tenancy disputes over fixtures and improvements are decided by what the lease and the condition reports say, long before anyone reaches the Rental Disputes Centre.
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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