Mario Volpi advises the landlord, who says his tenant moved out early without informing him first. Stephen Lock / The National 
Mario Volpi advises the landlord, who says his tenant moved out early without informing him first. Stephen Lock / The National 

Homefront: 'My tenant is demanding his Dh3,000 deposit in full despite a damaged kitchen'



My tenant only gave me a few weeks' notice before moving out of my apartment. The contract ended on March 19, but he left on March 15 without informing me. When I went to the apartment, the front door was locked with the keys inside but the back door was open for anyone to access. When I collected the keys, I found it in need of major repair. For example, the marble slab in the kitchen was broken, two kitchen cupboard doors were unhinged and there was lots of rust on the kitchen items. The house was also very dirty and the walls had several nails in them so it needed painting. My tenant had paid rent of Dh157,500 in one cheque with a security amount of Dh3,000. When I contacted him on March 17, he wanted a full refund of the Dh3,000 and told me he will keep the access cards to the building and parking until he receives it. I told him that the issues left behind in the apartment require major maintenance and this amount needs to be off-set against his security.  I might even end up paying much more than Dh3,000 to fix these issues. I offered to be transparent by sharing the maintenance company quotes with him. I also told him, as per our contract, he needs to return the apartment in the same condition he rented it. He is flatly refusing - saying it is all normal wear and tear - and that by not immediately refunding him the security fee, I am in violation of regulations. He is now threatening two things:

1. Not returning my access cards 

2. Stopping the DEWA connection for any new tenant

I informed him that the handover of the apartment cannot be considered completed until all things related to it are returned, including the access cards, and by keeping them beyond the rental agreement period (March 19) he is maintaining unlawful access to the apartment's facilities. I can always request new access cards at a cost of Dh300 but what are my rights as a landlord in this situation? AP, Dubai 

______

Read more from Mario Volpi:

Homefront: 'My tenant is threatening court over a rental deposit?'

Homefront: 'Am I liable for VAT on a property paid for last year?'

Homefront: 'My landlord wants to charge us Dh500 for every maintenance issue.

Homefront: My tenant wants better security in my villa. Should I pay for this?

______

I often get letters from tenants dealing with unreasonable landlords - landlords who do not respond to phone calls or emails or that are not correctly dealing with maintenance issues. Your correspondence shows me that there are also unreasonable tenants and clearly, from what you’re saying, yours is not only unreasonable but very feisty too.

Let me clear up one point that is important. Law 33 of 2008 amended Law 26 of 2007 - the law relating to the relationship between landlords and tenants. The amended law that did away with the need for a tenant to give the landlord 90-days' notice for not renewing his tenancy. So, despite the fact your tenant vacated at the end of the tenancy but did not inform you 90 days prior, he has not actually broken the law.

You are correct that the property has to be returned at the end of the tenancy in the same condition as it was given at the beginning. I personally never like to have a wear and tear clause in a rental contract because it’s too subjective and as you can see, the tenant's idea of wear and tear is clearly different to yours.

Broken kitchen doors or counter tops cannot be regarded as wear and tear but unfortunately if you were dealing with an obstinate tenant, you have little to no other choice but to file a case yourself at the rent committee. Remember that this comes with a cost of 3.5 per cent of the rental amount so you will have to weigh up the economical reasoning to do so.

You are perfectly entitled to use the deposit monies to bring your property back to the same condition as before. He cannot hold your property to ransom in such a manner by not returning access cards and threatening you with DEWA issues.

If he continues to react in an unreasonable manner, it would seem to me that you really have no other choice but to go ahead with opening a case at the rental committee.

Mario Volpi is the sales and leasing manager at Engel & VolkersHe has worked in the property sector for 34 years in London and Dubai.

The opinions expressed do not constitute legal advice and are provided for information only. Please send any questions to mario.volpi@engelvoelkers.com

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Engine: 1.5-litre 4-cylinder petrol

Power: 154bhp

Torque: 250Nm

Transmission: 7-speed automatic with 8-speed sports option 

Price: From Dh79,600

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The specs

Engine: 1.5-litre turbo

Power: 181hp

Torque: 230Nm

Transmission: 6-speed automatic

Starting price: Dh79,000

On sale: Now

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What are NFTs?

Are non-fungible tokens a currency, asset, or a licensing instrument? Arnab Das, global market strategist EMEA at Invesco, says they are mix of all of three.

You can buy, hold and use NFTs just like US dollars and Bitcoins. “They can appreciate in value and even produce cash flows.”

However, while money is fungible, NFTs are not. “One Bitcoin, dollar, euro or dirham is largely indistinguishable from the next. Nothing ties a dollar bill to a particular owner, for example. Nor does it tie you to to any goods, services or assets you bought with that currency. In contrast, NFTs confer specific ownership,” Mr Das says.

This makes NFTs closer to a piece of intellectual property such as a work of art or licence, as you can claim royalties or profit by exchanging it at a higher value later, Mr Das says. “They could provide a sustainable income stream.”

This income will depend on future demand and use, which makes NFTs difficult to value. “However, there is a credible use case for many forms of intellectual property, notably art, songs, videos,” Mr Das says.

The specs: 2018 Harley-Davidson Fat Boy

Price, base / as tested Dh97,600
Engine 1,745cc Milwaukee-Eight v-twin engine
Transmission Six-speed gearbox
Power 78hp @ 5,250rpm
Torque 145Nm @ 3,000rpm
Fuel economy, combined 5.0L / 100km (estimate)

A timeline of the Historical Dictionary of the Arabic Language
  • 2018: Formal work begins
  • November 2021: First 17 volumes launched 
  • November 2022: Additional 19 volumes released
  • October 2023: Another 31 volumes released
  • November 2024: All 127 volumes completed
Our legal consultant

Name: Dr Hassan Mohsen Elhais

Position: legal consultant with Al Rowaad Advocates and Legal Consultants.

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How to protect yourself when air quality drops

Install an air filter in your home.

Close your windows and turn on the AC.

Shower or bath after being outside.

Wear a face mask.

Stay indoors when conditions are particularly poor.

If driving, turn your engine off when stationary.

If you go

Flights

Emirates flies from Dubai to Phnom Penh with a stop in Yangon from Dh3,075, and Etihad flies from Abu Dhabi to Phnom Penh with its partner Bangkok Airlines from Dh2,763. These trips take about nine hours each and both include taxes. From there, a road transfer takes at least four hours; airlines including KC Airlines (www.kcairlines.com) offer quick connecting flights from Phnom Penh to Sihanoukville from about $100 (Dh367) return including taxes. Air Asia, Malindo Air and Malaysian Airlines fly direct from Kuala Lumpur to Sihanoukville from $54 each way. Next year, direct flights are due to launch between Bangkok and Sihanoukville, which will cut the journey time by a third.

The stay

Rooms at Alila Villas Koh Russey (www.alilahotels.com/ kohrussey) cost from $385 per night including taxes.

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Director: Mahdi Fleifel

Starring: Mahmoud Bakri, Aram Sabbah, Mohammad Alsurafa

Rating: 4.5/5

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Farasan Boat: 128km Away from Anchorage

Director: Mowaffaq Alobaid 

Stars: Abdulaziz Almadhi, Mohammed Al Akkasi, Ali Al Suhaibani

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Name: Almnssa
Started: August 2020
Founder: Areej Selmi
Based: Gaza
Sectors: Internet, e-commerce
Investments: Grants/private funding
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Uefa Champions League last 16, second leg
Liverpool (0) v Atletico Madrid (1)
Venue: Anfield
Kick-off: Thursday, March 12, midnight
Live: On beIN Sports HD

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Joker: Folie a Deux

Starring: Joaquin Phoenix, Lady Gaga, Brendan Gleeson

Director: Todd Phillips 

Rating: 2/5

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%3Cp%3E%3Cstrong%3ECompany%20name%3A%3C%2Fstrong%3E%20Cargoz%3Cbr%3E%3Cstrong%3EDate%20started%3A%3C%2Fstrong%3E%20January%202022%3Cbr%3E%3Cstrong%3EFounders%3A%3C%2Fstrong%3E%20Premlal%20Pullisserry%20and%20Lijo%20Antony%3Cbr%3E%3Cstrong%3EBased%3A%3C%2Fstrong%3E%20Dubai%3Cbr%3E%3Cstrong%3ENumber%20of%20staff%3A%3C%2Fstrong%3E%2030%3Cbr%3E%3Cstrong%3EInvestment%20stage%3A%3C%2Fstrong%3E%20Seed%3C%2Fp%3E%0A
Most F1 world titles

7 — Michael Schumacher (1994, ’95, 2000, ’01 ’02, ’03, ’04)

7 — Lewis Hamilton (2008, ’14,’15, ’17, ’18, ’19, ’20)

5 — Juan Manuel Fangio (1951, ’54, ’55, ’56, ’57)

4 — Alain Prost (1985, ’86, ’89, ’93)

4 — Sebastian Vettel (2010, ’11, ’12, ’13)

UAE players with central contracts

Rohan Mustafa, Ashfaq Ahmed, Chirag Suri, Rameez Shahzad, Shaiman Anwar, Adnan Mufti, Mohammed Usman, Ghulam Shabbir, Ahmed Raza, Qadeer Ahmed, Amir Hayat, Mohammed Naveed and Imran Haider.

The specs
Engine: 77.4kW all-wheel-drive dual motor
Power: 320bhp
Torque: 605Nm
Transmission: Single-speed automatic
Price: From Dh219,000
On sale: Now
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  • Canada and Mexico are significant energy suppliers to the US, providing the majority of oil and natural gas imports
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