Property consultant Alan Kaye answers more of your questions
Q. My previous landlord has not returned my AED 5,000 security deposit even after we fixed the items she had requested us to replace. It has been eight months now and she has ignored all our emails…
A. In principle, the security deposit should be returned after a move-out inspection and once you have given to the landlord the clearances for ADDC, air conditioning services and Etisalat.
If you are dealing with a management company or an agent, they will have a set timeline and would be able to advise you as to when you would receive back the deposit. If you are dealing with an individual landlord, you should not hand back the keys before you receive the security deposit.
Assuming you’ve gone beyond those steps in this particular case, and assuming that you had a legal contract with a Tawtheeq and a receipt for the original payment, you could contact the police (take an interpreter with you) or a lawyer – but my suggestion would be to try to make an appointment to meet the landlord in person first and try to come to an amicable solution.
Q. Is it normal to amend the terms of a tenancy agreement if there is something that I do not like?
A. In general landlords do not allow changes to a tenancy agreement – indeed, it is not unusual to not show a potential tenant a contract prior to signing.
However this does not mean that you should not read it carefully to make sure that you fully understand what you are signing – and especially the obligations it places on both you and the landlord.
Most of the major developers will show you a draft copy, however, and a good real estate company should also have available a copy of the standard contract that you will sign. You may not be able to change it, but at least you can decide whether you can live with it.
Q. I have just noticed a cockroach in the kitchen. Is the landlord or management company liable for this kind of thing?
A. In an apartment, landlords are generally liable for conditions outside the apartment and the tenant is responsible for what goes on inside – including roaches. So if it’s an isolated incident and not a major infestation in the building, it’s down to the tenant.
In a villa a tenant would be responsible both inside and outside; I would recommend that a pest control specialist treats the place before you move in and subsequently at least three times per year. Always ensure that the pest control company is fully regulated and licensed.
Q. Whose responsibility is it to generate a Tawtheeq agreement?
A. The Tawtheeq agreement is an official document that confirms the property has been registered for the specific use and occupancy as specified and registered with Abu Dhabi Municipality.
It is a requirement of ADDC (the supplier of water and electricity) that this document is produced in order to arrange a connection and it is also required to sponsor family members.
The Tawtheeq agreement is issued by the municipality at the request of the landlord. It can also be issued by management companies and registered with the municipality on behalf of a landlord. Management companies can now also open an ADDC account at the same time.
Some properties have been subdivided by the landlord without permission of the municipality; in this case you will not be able to obtain a Tawtheeq or have a separate ADDC account. Everything will be in the landlord’s name and refer to what is supposed to be a single-occupancy property.
Such properties are cheaper to rent, but it is illegal to subdivide without Municipality agreement. You will not have the protection offered by the tenancy laws – and you could find yourself evicted with minimum notice.
Q. Is the landlord under any obligation to clean or paint an apartment before I move in?
A. The landlord is under a legal obligation to make a place habitable. But since this can be open to interpretation, I would not advise anyone to lease a property before they are fully satisfied that it is up to their standard.
A landlord would be expected to clean an apartment before reletting it, and in many properties they would automatically repaint it too. But it’s up to you to find out what your particular landlord will do. Your agent should be able to confirm this.
Q. Our windows have never been cleaned and the common parts are often untidy or dirty. What can I do about it?
A. If you are moving into a building you should check the schedule for window cleaning before you move in. Check with other tenants too about how frequently windows are actually cleaned and how well the common areas are maintained.
Thereafter you can complain to the landlord and the management company; but if they are ineffective there is in reality little that you can do.
You are in a different country and standards may well vary from your own. And unfortunately in Abu Dhabi it is always a case of caveat emptor – buyer (or leasee) beware.
Q. There is always dirt and noise coming from the construction site opposite my apartment. Who can I complain to?
A. Construction sites have to abide by a code of conduct, so if you feel the noise and dirt is unacceptable you should contact the municipality who are able to monitor the site and
take action if they feel it is required.
Alan Kaye, our property advisor, is a consultant with DISTRICT Real Estate (districtuae.com) in Abu Dhabi
