United Arab Emirates · property
Can a Landlord Deduct Painting from a Security Deposit in Dubai?
In Dubai, landlords and property managers routinely attempt to retain hundreds or thousands of dirhams from security deposits to repaint vacant units. Under Dubai tenancy law, tenants are not liable for normal wear and tear. Knowing the boundary between regular ageing and compensable damage is the key to recovering your money.
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Sign upDubai Tenancy Law and the Definition of Normal Wear and Tear
In Dubai, United Arab Emirates, residential leases are regulated by Law No. 26 of 2007 Regulating the Relationship between Landlords and Tenants in the Emirate of Dubai, as amended by Law No. 33 of 2008. Under Article 20 of this law, a landlord may hold a security deposit solely to ensure the maintenance of the property upon the expiry of the lease, and is under a strict obligation to refund the deposit—or any legitimate balance—upon lease conclusion.
Crucially, Article 21 of Law No. 26 of 2007 provides that the tenant must surrender the property in the condition in which it was received, 'except for ordinary wear and tear or for damage due to reasons beyond the tenant\'s control'. Furthermore, Article 17 states that the landlord remains responsible for repairs, defects, and natural wear not attributable to tenant fault. Routine paint ageing, daylight fading, and subtle furniture contact marks fall squarely under ordinary wear and tear, meaning automatic deductions for general repainting are unlawful under the statute.
When Painting Deductions Are Legitimate vs. Unlawful
Landlords are entitled to deduct painting costs only when the condition of the walls exceeds ordinary wear and tear. Legitimate deductions arise if you painted walls in non-standard or dark colors without written consent, caused deep gouges, left heavy adhesive or marker residue, or permitted smoke and water damage attributable to negligence. In those circumstances, restoring the property to its original state constitutes repair of actual tenant-caused damage.
Conversely, arbitrary move-out 'turnover' repainting charges—even those disguised as standard administrative fees—are invalid when the walls exhibit only minor, everyday wear. While some tenancy contracts insert non-negotiable clauses stating the tenant must pay a fixed repainting fee or hand back the unit 'freshly painted,' the Dubai Rental Dispute Settlement Centre (RDC) consistently scrutinizes unfair boilerplate terms that shift routine landlord maintenance obligations onto departing tenants.
Challenging Deductions and Protecting Your Rights
Never accept a verbal or arbitrary deduction. When an agent or landlord withholds your deposit for painting, immediately request an itemised statement supported by stamped contractor quotes and comparative photographs comparing the move-in state with the move-out inspection. If the landlord cannot prove actual damage beyond ordinary wear and tear, send a formal written notice citing Articles 20 and 21 of Law No. 26 of 2007 and set a firm deadline of 5 to 7 business days for the full return of your funds.
If the landlord refuses to comply or stops responding, you can escalate the matter by filing a dispute before the Rental Dispute Settlement Centre (RDC) at the Dubai Land Department. You can use Caunsel to research tenancy rules, save your contracts and photo evidence inside a structured case file, or consult an independent lawyer before filing an RDC action.
Steps
- Compile your tenancy agreement, Ejari certificate, initial check-in inventory report, and timestamped move-in photographs.
- Obtain your final DEWA clearance certificate and green building move-out permit to prove you have cleared all tenant liabilities.
- Demand an itemised deduction breakdown with photographic proof of alleged wall damage and actual repair tax invoices.
- Issue a formal written notice to the landlord citing Articles 20 and 21 of Dubai Law No. 26 of 2007, granting 5 to 7 days to release the deposit.
- File a formal dispute petition with the Dubai Rental Dispute Settlement Centre (RDC) if the landlord persists with unlawful deductions.
Common mistakes
- Accepting a standard move-out repainting fee without requesting itemised receipts and photos showing damage beyond normal wear.
- Failing to conduct a joint move-out inspection or document wall conditions with high-resolution, dated photographs prior to key return.
- Attempting DIY patchwork with mismatched paint finishes, which transforms routine scuffs into actionable wall damage.
- Relying solely on informal phone calls or WhatsApp messages instead of sending formal, date-stamped written claims.
Questions people ask
Do minor picture nail holes and small scuffs count as normal wear and tear in Dubai?
Yes. Small holes from hanging standard picture frames and faint scuffs from furniture placement are treated as ordinary wear and tear under Article 21 of Law No. 26 of 2007. Landlords cannot deduct full repainting costs for normal everyday living.
Can a landlord enforce a contract clause requiring the tenant to repaint the apartment?
While landlords frequently insert clauses requiring tenants to return the unit 'freshly repainted,' the Rental Dispute Settlement Centre (RDC) evaluates whether the work is actually required due to damage. Contract clauses cannot override the statutory rule in Law No. 26 of 2007 that exempts tenants from ordinary wear and tear.
What is the standard timeframe for a Dubai landlord to refund a security deposit?
Although the rental law does not specify a rigid calendar day count, standard practice and RDC expectations dictate that the refund must be settled within 14 to 30 days following handover, final inspection, and the presentation of a DEWA final clearance certificate.
Ask Caunsel to review your tenancy terms and draft a formal deposit refund demand citing Dubai rental law.
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General information only, last updated 2026-10-07. Caunsel is not a law firm and does not practise law. AI answers and this guide are not legal advice. Verify filings, deadlines, and statutes with a licensed lawyer in United Arab Emirates.