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Article 20 · the security deposit

Getting Your Security Deposit Back in Dubai

In Dubai a landlord may hold a security deposit to secure the upkeep of the property, but the money still belongs to the tenant. When the tenancy ends the landlord must return it — in full, or the balance after deducting the cost of any maintenance the tenant was responsible for. The frequent fights are over what may lawfully be deducted, because a landlord cannot charge the tenant for the ordinary wear and tear of living in the home. This pillar explains the purpose of the deposit under Article 20, the fair-wear-and-tear rule under Article 21, the handover condition, and how a deduction dispute is decided.

  • The deposit secures maintenance only; the landlord returns it, or the balance, on expiry (Article 20)
  • The tenant returns the property in its received condition — except fair wear and tear (Article 21)
  • Only the cost of tenant-caused damage may be deducted, never normal ageing or use
  • Disputes over condition and deductions are decided by the Rental Disputes Centre, not by the landlord
  • Dubai-based, UAE-wide service
  • Arabic & English
  • Clear guidance on every document
  • Direct request, no middlemen
The direct answer

What the security deposit is, and the rule on getting it back

A security deposit is money the tenant pays the landlord at the start of a tenancy to secure the upkeep of the property, and under Article 20 of Dubai's tenancy law the landlord must return it — the whole sum, or the balance after deducting the cost of maintenance the tenant was responsible for — when the contract 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 permits the landlord to take a deposit for a single, limited purpose: to make sure the property is maintained. It is not a fee, it is not extra rent, and it does not become the landlord's money simply because the tenant has moved out. It is the tenant's money, held as security, and it must come back once the property is handed over at the end of the term.

The amount is agreed in the tenancy contract, usually calculated as a proportion of the annual rent, and paid up front. What matters legally is not the size of the deposit but the discipline around it: the landlord may deduct only the cost of putting right damage the tenant is responsible for, and must hand back everything else. Because Article 20 requires the landlord to refund the deposit "or remainder thereof", the whole argument at the end of a tenancy usually turns on one question — which costs the tenant genuinely caused, and which are simply the ordinary wear of living in a home.

Two things follow from this, and both matter before you ever reach a dispute. First, the deposit is tied to the condition of the property, so the condition at move-in and the condition at move-out are the two facts that decide everything. Second, the law does not set a fixed number of days for the refund; it fixes the principle — return on expiry, less lawful deductions — and leaves the timing to be handled in good faith and, where the parties cannot agree, by the Rental Disputes Centre.

What the deposit is actually for

Article 20 gives the deposit one job: to guarantee that the property is maintained. It is a security against the risk that the tenant leaves the home damaged or in need of repair beyond ordinary use, so that the landlord is not left out of pocket. That purpose defines its limits. If the property comes back in the condition it was handed over — allowing for the fair wear and tear of normal living — there is nothing for the deposit to secure, and it should be returned in full.

This is why treating the deposit as a source of income, or as an automatic "cleaning and repainting fund", is wrong in law. The landlord holds it, but does not own the outcome. A deduction is justified only when there is a real maintenance cost that the tenant caused, and the landlord who deducts should be able to point to the damage and the cost, not to a habit of keeping deposits by default. Equally, a tenant cannot ask to use the deposit as the last month's rent — it is set aside for condition, not for payment.

The terms that decide a deposit case

Maintenance costs (Article 20)
The cost the landlord actually incurs to repair damage the tenant is responsible for. Only these costs may be taken out of the deposit; the balance must be returned.
Fair wear and tear (Article 21)
The ordinary deterioration that comes from using the property normally over time. It is expressly excepted 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 the property was in when the tenant took possession — the benchmark Article 21 uses to judge how it must be handed back. A dated move-in record is what proves it.
Ejari registration
The official registration of the tenancy contract with RERA. The Centre asks for a copy of the registered contract when a case is filed, so the registered contract is the document the deposit claim rests on.
Handover / snagging record
A joint inventory and photographs noting the condition of the property and its fixtures at move-in and again at move-out. It turns "your word against mine" into evidence.

What may be deducted, and what may not

Fair wear and tear — the landlord's account

  • Paint that has faded or marked from ordinary living over the years
  • Carpets and flooring worn from normal foot traffic
  • Small nail holes or fixings from hanging pictures reasonably
  • General ageing of fittings and appliances used properly
  • Routine servicing that is the landlord's duty during the term (Article 16)

Tenant-caused damage — may be deducted

  • Burns, deep stains or holes beyond normal marks
  • Broken doors, cracked sanitary ware or damaged built-ins
  • Unauthorised alterations left un-restored at handover
  • Appliances broken through misuse or gross negligence
  • The actual, evidenced cost of putting these right
Article 21

The condition you must return the property in

Article 21 sets the standard the deposit is measured against. On expiry the tenant must surrender the property in the same condition in which it was received, with two exceptions written into the law itself: ordinary wear and tear, and damage caused by matters outside the tenant's control. Read together with Article 20, this is the whole legal test — the landlord may recover the cost of restoring anything the tenant damaged beyond that standard, and nothing more.

The received condition is therefore the pivot of every deposit case, which is why what happens at move-in matters as much as what happens at move-out. If the property was handed over freshly painted with everything working, the tenant is judged against that. If it was handed over already marked and worn, the tenant cannot fairly be charged to bring it to a better state than they received. The way to protect that fact is a dated inventory and photographs at the start, mirrored by the same at the end — because Article 21 also says that where the parties disagree about the condition, the dispute is decided by the Rental Disputes Centre on the evidence, not by whoever is holding the money.

The law fixes the 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 set number of days. In practice the refund is settled once the property has been inspected, any lawful maintenance costs are quantified, 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 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.

How common items are usually treated

Item at handoverUsually fair wear and tearUsually a deductible cost
Walls and paintFaded colour, light scuffs from normal livingLarge holes, graffiti, unapproved colour changes
Flooring and carpetsEven wear along walkways over timeBurns, tears, deep set-in stains
Doors, fittings, sanitary wareLoosening or ageing from ordinary useCracks, breakage, missing parts
Appliances (where provided)Reduced performance from normal ageingFailure caused by misuse or neglect
Cleanliness at handoverReasonable everyday cleaningCost of clearing heavy soiling or left-behind items

Have a question about your case?

How to protect the deposit from the first day

  • Keep the signed, Ejari-registered tenancy contract and the deposit receipt
  • Take dated photographs and a written inventory at move-in, room by room
  • Report existing defects to the landlord in writing before you settle in
  • Keep receipts for any maintenance you paid for during the tenancy
  • Repeat the photographs and inventory at move-out, ideally with the landlord present
  • Record one continuous dated video walkthrough at move-out as well as stills — a single unbroken clip is harder to argue with than a set of photographs
  • Keep the meter readings and the handover form, and note the date and time you returned the keys
  • Close the DEWA and cooling accounts and keep the final clearance
  • Ask for an itemised statement of any deduction, with the supporting invoice

From move-out to refund, step by step

  1. Coordinate the move-out

    Agree a handover date with the landlord as the contract ends, and arrange to be present for the inspection so the condition is recorded jointly.

  2. Joint inspection against the move-in record

    Walk the property and compare it to the move-in inventory and photographs, separating fair wear and tear from anything genuinely damaged.

  3. Close the utility accounts

    Settle and close DEWA, district cooling and any service accounts, and obtain the final clearance so nothing is left outstanding against the property.

  4. The landlord quantifies any lawful deduction

    Where there is tenant-caused damage, the landlord assesses the real cost of putting it right — the maintenance cost Article 20 allows to be deducted.

  5. Itemised statement and refund of the balance

    The landlord returns the deposit, or the balance after an itemised, invoice-backed deduction. If nothing is owed, the whole deposit is returned.

  6. File at the RDC if it cannot be agreed

    If the landlord withholds the money or deducts unfairly, the tenant may file a claim at the Rental Disputes Centre, which decides the dispute on the evidence.

Common mistakes on both sides

  • 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.

  • The mistakeA landlord deducting for repainting or wear as a matter of routine.

    The fixFair wear and tear is excepted by Article 21 and cannot be charged; only the real cost of tenant-caused damage may be deducted under Article 20.

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

    The fixAsk for a written, itemised account of each deduction and the supporting invoice; an unexplained deduction is exactly what the RDC 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.

How this plays out in practice

The landlord keeps the whole deposit, saying the flat needed repainting.

What is usually neededRepainting for ordinary fading is fair wear and tear under Article 21 and is not chargeable. Ask for the itemised reason; if it is only routine wear, the deposit should be returned, and the move-in photographs support the claim.

A tenant cracked a bathroom door and a wardrobe during the tenancy.

What is usually neededThis is genuine tenant-caused damage beyond fair wear and tear, so its real repair cost may be deducted under Article 20 — but only that cost, supported by an invoice, with the balance of the deposit returned.

At move-out there is an unpaid DEWA balance on the property.

What is usually neededUtilities are a separate settlement from the condition deposit, but they routinely hold up a refund. Close and clear the accounts first, keep the final statement, and reconcile it cleanly with the landlord.

Weeks pass after handover and the landlord will not respond about the deposit.

What is usually neededPut the demand in writing with the handover evidence and a request for an itemised account. If there is still no lawful deduction and no refund, the dispute can be filed at the Rental Disputes Centre for a decision.

When a deduction is disputed, who decides

Article 21 is explicit that where the landlord and tenant disagree about the condition of the property, the dispute is decided by the competent tribunal — today 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. The landlord does not have the last word simply by holding the money, and neither side's assertion settles the matter; it is decided on the evidence.

A deposit claim usually starts with conciliation — the stage most people call mediation — 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: the registered contract, the move-in and move-out records, receipts, the utility clearance, and the landlord's own itemised deduction. This is a settlement of a money difference, so the case is won on evidence, not on volume.

If you are looking for a deposit guarantee or replacement scheme

Two different things share the words "security deposit". One is a deposit guarantee, replacement or insurance product, where a tenant pays a smaller fee to a provider instead of handing the landlord a cash deposit up front. The other — the subject of this page — is recovering a cash deposit you have already paid and that has not been returned.

MANJAZ does not sell deposit guarantee, replacement or insurance products, and has no view on the providers that do. If that is what you came for, this is not the page. If you paid a cash deposit and the landlord is holding it, the rest of this page is about exactly that.

Before you decide

Before you file: do the arithmetic

The Centre's registration fee is a percentage of the annual rent, not of the amount you are claiming. That one fact decides most deposit cases before they start.

The registration fee for a first-instance rental lawsuit is 3.5% of the annual rent, with a minimum of AED 500 and a maximum of AED 20,000. It does not scale with your claim. On a tenancy of AED 90,000 a year the fee is about AED 3,150 whether the deposit you are chasing is AED 4,500 or AED 45,000 — so on a modest deposit the fee can approach, and sometimes exceed, the money in dispute.

That is why the ordinary first step on a withheld deposit is a formal written demand — and, where it is warranted, a notarised legal notice — rather than a case. It costs a fraction of a filing, it puts the landlord on notice in a form that can be proved, and it produces exactly the record the Centre asks for if you do end up filing. Nobody can tell you in advance that a notice will work. What can be said is that if it does not, nothing has been wasted: the notice is evidence you would have needed anyway.

One figure works in your favour if you do file: where the matter settles at the conciliation stage, half the court fee is usually refunded. Small government charges are added on top of the registration fee, and the Centre applies the fee schedule in force on the day you file.

What filing would cost you, against what you are owed

Enter the annual rent from your tenancy contract — not the deposit, and not the monthly rent. Compare the result against the amount being withheld before you decide anything.

Use the annual figure, not the monthly one.

An estimate of the main registration fee only, on the published formula. Small government fees are added on top, half the court fee is usually refunded if the case settles at conciliation, and the Centre applies the schedule in force when you file. MANJAZ does not guarantee recovery of a deposit, in whole or in part — no honest provider can.

Where a written demand is ignored, the next step short of a case is a notarised legal notice — the same document, put on a footing that can be proved.

The notarised legal notice
Start here

Getting a withheld security deposit back

  • What we prepare

    Tenancy contracts and addenda, legal notices for notarisation and service, statements of claim and their annexes, evidence bundles, payment and cheque records, and judgment and execution papers.

  • Arabic is not optional

    Proceedings before the Centre are in Arabic. A contract, notice or receipt in any other language is filed with a legally recognised Arabic translation — which is the work MANJAZ is accredited to do.

  • Free review, free quote

    Reviewing your file and quoting for the work are both free. The Centre charges a registration fee of 3.5% of the annual rent, with a minimum of AED 500 and a maximum of AED 20,000 — that fee is paid to the Centre, not to MANJAZ. Our own quote is given once we have seen the file.

  • The language your documents are in

    Arabic and English are the core pair, with 21 documented languages in all — so a tenancy contract, notice or receipt in any of them can be put into the Arabic the Centre requires.

  • Handled remotely

    Documents are sent, reviewed and returned electronically — there is no counter to attend and no appointment to keep for the preparation and translation work. Where a step genuinely requires you in person, such as a notary attendance, we say so and tell you what to bring.

  • Before you file

    Most rental cases are lost on the paperwork, not the merits — a notice served the wrong way, a contract that was never registered in Ejari, a deadline that had already run. We check those first, because they cannot be fixed afterwards.

Prefer not to use WhatsApp? +971 54 177 7004manjaz.dubai@gmail.com

Reviewing your file and telling you what it needs costs nothing and commits you to nothing. MANJAZ Corporate & Translation Services L.L.C. — a Dubai practice that prepares documents and provides legal translation under UAE Ministry of Justice accreditation. On Dubai rental disputes we also give legal consultation, act for you, and represent you before the Rental Disputes Centre committees. MANJAZ is not a court and not a government body, and never guarantees an outcome.

How to verify a translator is registered with the Ministry of Justice

Questions and answers

Both, within limits. Article 20 lets the landlord hold the deposit to secure the upkeep of the property, so the real, invoiced cost of repairing damage the tenant was responsible for may be deducted from it — but not the ordinary wear and tear of living in the home, which a landlord cannot charge to the tenant. Where the deposit does not cover the amount, the shortfall is not lost: it is a claim brought at the Rental Disputes Centre like any other, supported by the tenancy contract, the handover condition record and the invoices. Unpaid utility bills are treated the same way, with the account statement as the evidence.

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 the landlord's 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 deductions limited to a real, invoiced cost. Most deposit disputes are decided 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

Have a rental dispute in Dubai?

Send your case details and the documents you have — tenancy contract, Ejari, notices, correspondence — and MANJAZ will help you identify the right service and step.