RentFlow Knowledge Center · Tenant Guide
Quick answer
A Dubai landlord may hold a security deposit for maintenance at the end of a tenancy, but must return the deposit or its remaining balance. A tenant is generally not responsible for ordinary wear and tear or damage beyond the tenant’s control.
Janet’s handover problem
Janet returns the keys after a careful move-out. Her photos show a clean apartment, but her deposit does not arrive. Hassan, the landlord, says repainting and small repairs must be deducted. Alaa asks the question that changes the conversation: “Which items are tenant-caused damage, which are ordinary wear, and what evidence supports each deduction?”
That is the practical heart of a deposit dispute. The law sets the framework; the documents determine how persuasively each side can apply it.
The legal starting point
- Dubai Law No. 26 of 2007, Article 20: the landlord may collect a security deposit for maintenance when the lease ends, but must refund the deposit or its remaining balance.
- Article 21: the tenant must return the property in the condition in which it was received, except for ordinary wear and tear and damage beyond the tenant’s control. If the parties disagree, the matter goes to the competent rental tribunal.
- Articles 16 and 17: unless otherwise agreed, the landlord is responsible for maintenance affecting the tenant’s intended use and for defects, damage, deficiency, and wear not attributable to the tenant.
Read the official Dubai tenancy law.
“Ordinary wear and tear” is not a universal list of free repairs. The contract, age and condition of the item, length and manner of occupancy, causation, inspection records, and proof of reasonable repair cost can all matter.
What counts as ordinary wear and tear
Dubai’s tenancy law protects a tenant from liability for ordinary wear and tear, but does not define every example. Minor scuffs, gradual fading, and age-related loosening may be consistent with ordinary use. Large holes, burns, deep stains, misuse, or avoidable damage caused by neglect may be treated differently.
- Was the issue present at move-in?
- How old was the item or finish?
- Did the tenant report the problem promptly?
- Is the repair supported by a dated report, quotation, or invoice?
Build the evidence file before arguing about money
- Contract and payment: signed tenancy contract, Ejari, deposit receipt or transfer, and the deposit clause.
- Move-in condition: dated photos or video, inventory, snag list, check-in report, and messages about pre-existing defects.
- During the tenancy: maintenance requests, replies, contractor reports, and proof that problems were reported promptly.
- Move-out condition: wide shots and close-ups after cleaning, final inspection, meter readings, and a dated key and access-card handover acknowledgement.
- The deduction trail: the landlord’s itemised list, photos, quotations or invoices, and the tenant’s written response to each item.
- Filing details: identity documents, the landlord’s service address, and a bank letter or statement showing the tenant’s IBAN.
The recovery sequence
- Read the deposit clause. Check return timing, cleaning, repainting, minor maintenance, notice, and handover terms.
- Ask for an itemised reconciliation. Request the amount held, every deduction, the reason, and supporting evidence. Ask for the undisputed balance immediately.
- Compare the condition evidence. Match each deduction against the move-in record, move-out record, age, maintenance history, and admissions.
- Propose a documented settlement. State what Janet accepts, what she rejects, and why.
- Send a formal demand. Demand a specified sum by a specified date and preserve proof of delivery.
- Choose the RDC route. Match the process to the evidence and level of dispute.
- Enforce if necessary. A favourable decision may still require an execution file if payment is not voluntary.
A formal demand that supports the next step
The demand should identify the parties, property, tenancy and Ejari; state the original deposit and exact balance claimed; record the handover date; answer each deduction; provide bank details; set a payment deadline; and reserve Janet’s right to approach the RDC.
Payment Writ or first-instance case
The RDC FAQ specifically says a tenant can seek return of a rental security deposit through a Payment Writ. That does not mean every deposit dispute qualifies. The summary route is strongest when written documents establish a precise, immediately due debt and there is no substantial factual dispute.
When a Payment Writ may fit
Hassan signs a handover statement confirming a fixed refundable balance and simply does not pay after formal notice.
When a first-instance case may fit better
Hassan claims deductions for repainting, flooring, keys, or damage and Janet disputes condition, causation, liability, or cost. A first-instance case gives the tribunal room to decide those contested facts.
Payment Writ filing checklist
The RDC service page currently asks for the latest Ejari and legal Arabic translation; written proof of a specified debt immediately due; proof of the debtor’s domicile; proof of the demand and its receipt; an applicant declaration and indemnity undertaking; identity documents; the claimant’s IBAN; and supporting correspondence and notices. Some listed documents, such as a cheque-return memo, apply only where relevant. Confirm the live portal checklist before filing.
Learn about RentFlow’s Payment Writ service and First Instance Case service.
Fees and realistic timing
- Filing: 3.5% of the claimed amount, minimum AED 500 and maximum AED 15,000, for the published Payment Writ or monetary-claim fee.
- Published add-ons: AED 100 process service, AED 10 Knowledge fee, AED 10 Innovation fee, and AED 25 to register a power of attorney if applicable. Trustee filing adds AED 130 plus VAT on that partner fee.
- Not included: notary or registered-mail costs, legal translation, typing, lawyers, experts, extra requests, and later enforcement.
- Payment Writ timing: the service page states one business day to complete registration. Federal Civil Procedure Code Article 144 states a writ should issue within three business days after filing. Neither figure promises recovery within that time.
- First session: the RDC FAQ says it is scheduled at least seven days after payment and depends on committee availability. That is not the total case duration.
Frequently asked questions
Is there a fixed return deadline?
Article 20 requires return of the deposit or its balance when the lease expires, but the cited wording does not set a universal number of days. Check the contract, request prompt reconciliation, and set a reasonable written deadline.
Can the landlord deduct repainting automatically?
No. The question is whether the work addresses tenant-caused damage or ordinary wear, what the tenancy says, the pre- and post-tenancy condition, the age of the finish, and whether the amount is reasonably evidenced.
What if there was no move-in report?
Use dated photos, listing images, maintenance messages, inventory documents, witness evidence, contractor records, and admissions. The tribunal weighs the available evidence.
Are WhatsApp messages and email useful?
The RDC FAQ says modern communications may be relied upon as evidence, subject to the parties being questioned about and acknowledging the exchanged messages in the case record. Preserve complete threads, dates, participants, attachments, and exports.
Does a favourable decision guarantee immediate payment?
No. Janet may still need an execution file if Hassan does not comply voluntarily.
Can Janet file in English?
The online system may offer an English interface, but the RDC service terms state that documents must be in Arabic or legally translated into Arabic.
Take the next step with a clean record
RentFlow.ae helps tenants and landlords organise the tenancy story before a disagreement becomes expensive: contract, condition reports, maintenance history, handover, deductions, and payment evidence in one clear timeline.
Next in the tenant checklist
Explore more Dubai tenancy guides
Use Article 5 to check the property, landlord or agent, contract terms, payment structure, maintenance responsibilities, and handover documents before committing.
Official references
- Dubai Law No. 26 of 2007
- Dubai Land Department tenancy FAQs
- Rental Disputes Center FAQs
- RDC Writ of Payment service
- Federal Civil Procedure Code
Editorial disclaimer
This article is general educational information, not legal advice, representation, or a prediction of outcome. Laws, official guidance, fees, forms, portal requirements, and procedures may change, and English translations may not control over the official Arabic text. Verify current requirements with the Dubai Land Department and Rental Disputes Center and obtain advice from a UAE-qualified legal professional for your circumstances.