mikewot

Big discussion in the group for where I live as some LL's are getting lairy and withholding deposits stating that it's to cover the cost of repainting the property. There is nothing specific in the law 26 of 2007 other than:
Article (21)
Tenant shall be obliged, upon expiry of tenancy, to return the premises to landlord in the same condition as handed over to him at the time of contracting except, shortages resulting from normal use or for reasons beyond his control. However, in case of any dispute, the matter shall be referred to the Committee for decision.

Does anyone know the legal situation about repainting?

the_red_sheep

My understanding is that if there has just been normal wear and tear it’s at the LLs expense. If you have repainted to something other than ‘standard dubai magnolia’ then you have to return to ‘standard dubai magnolia’ or pay the LLs expenses for doing so.

The first Q&A in this article would suggest unless is specifically stated in the lease agreement that the tenant will cover the costs then it’s down to the LL:

http://gulfnews.com/business/propert...perty-1.865841

The results of a Google search looked liked this had been asked a few times on expatflange, if you want to go over there for a look…

mikewot

Shudder

Mogs

When I moved out my previous rented property due to the landlord being a complete wan*er, he said it needed repainted at my expense (which it did say explicitly in the contract).

I got a quote from a cheap as chips painting contractor how much to paint the villa, with one coat of the cheapest paint they had. Then gave the landlord that quote, and he only deducted that amount from my deposit.

Meow

This is correct. Reasonable wear and tear is permitted and if you change the colour you have to change it back before vacating. You are not obliged to repaint before handing the property over. It's a RERA case if they withold the deposit.

EW best avoided for many reasons, not least that the comments are frequently wrong.

mikewot

The problem is that unless it's written as a part of the contract that thou shall or shalt not it's difficult to fight back against a LL who is adamant that it'll be painted and will withold the deposit. Lot of hassle going to the rental committee so some folks in my neck of the woods have come up with a solution. They stay in the property for a month after expiry of the contract. LL cannot have DEWA cut you off and by the time they've gone through the legal process to boot you out the month is up.

NorthernLad

We had a similar issue when leaving our first apartment on the palm. The place was immaculate (the report from the assessor said as much).

Landlord said he was keeping 7,500 dh from our deposit. It was mental what the breakdown included (drivers, supervisors, plasterers for cracks in the wall that were down to subsidence etc...).

After several emails I went to estate agents in person, told them I had consulted a lawyer and had been recommended to raise a case with RERA (this was made up) and to also raise a case with the police as this was tantamount to theft.

As soon as I mentioned involving the police they backtracked and I got my deposit back the following day.

Meow

Unless people start standing up to bullying landlords they will continue to try the same old tricks - and will get away with them.

mikewot

I absolutely agree which is one reason I trawl in here for info and I post on the FB site for where I live. It very useful to have the law on your side so I'm often posting up the links for that. But not everything is in black and white.

busybee2

i know in ad they are meant to paint it every year, and they allow for normal wear and tear, so putting up curtain rails and dirty finger marks from the kids and picture hooks is normal wear and tear.

Blue Cat

In our old apartment we lost our deposit because we had painted the place, it was cheaper to lose the deposit than it was to get the whole place re-painted to the original colour. When we took this villa over every room was a different colour but the LL restored it to magnolia, so I am guessing we can leave it how we like.

busybee2

yeh if you paint it another colour, and especially a dark shade ie it takes a few coats of paint to go back to neutral then you will be charged more.

csdf

Are they really meant to paint it every year? It sounds like it would be a bit of a pain for tenants to have to allow people in every year to do that.

Spugsy

Yeah I want to paint my living room a brownish orange, so will just do it and get it re-painted when I leave.

Brains1983

Doubt it, think BB getting a little confused...