Your Security Deposit: What It Is and Why This Guide Helps

In Dubai, your security deposit protects landlords from property damage beyond normal wear and tear or unpaid dues like rent and utilities. It's not for routine upkeep or upgrades. However, getting it back can be tough, with tenants often facing unfair deductions or long delays.

This guide gives you the essentials: your rights, the law, and practical steps for a smoother refund. Being proactive and informed is key, especially since some landlords might see the deposit as extra income, and disputing small amounts via the Rental Dispute Centre (RDC) can be costly (3.5% of annual rent).

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Know Your Rights: The Law on Security Deposits

Dubai's Tenancy Law (Law No. 26 of 2007, amended by Law No. 33 of 2008) is on your side.

• Refund Obligation: Landlords must refund your deposit, or what's left after justified deductions, when the lease ends (Article 20, Law No. 26 of 2007).
• Fair Deductions Only: Deductions are only for actual, tenant-caused damage (beyond normal wear and tear) or outstanding dues.
• 14-Day Refund Timeline: Landlords should return your deposit within 14 days of the contract ending (Law No. 33 of 2008). While this is the law, be prepared for possible delays.
• Deposit Amount: The law doesn't cap deposit amounts, but it's usually 5% of annual rent for unfurnished places and 10% (or more) for furnished. This is noted in your Ejari.

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"Normal Wear and Tear" vs. Real Damage

Understanding this difference is crucial. Landlords can't charge you for "normal wear and tear" – the natural aging of a property from everyday use (Article 21, Law No. 26 of 2007).1 Think minor scuffs or faded paint.

"Damages" are due to negligence or accidents, like large holes in walls or broken fixtures. Since there's no official detailed list from RERA defining this precisely, your documentation is vital. Landlords are responsible for major repairs and keeping the property habitable. You handle minor upkeep like changing light bulbs, unless your contract says otherwise.

Examples:

• Normal Wear & Tear (Not Deductible): Minor wall scuffs, slightly worn carpet in high-traffic areas.
• Deductible Damage (Tenant Liable): Large wall holes, unapproved paint jobs, carpet burns, broken tiles/appliances due to misuse.

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Be Proactive: Protecting Your Deposit from Day One

Read Your Ejari (Tenancy Contract): Before signing, scrutinize clauses on the security deposit, maintenance, cleaning, notice periods, and early termination.

Move-In Inspection is Key: This is your best defense.

• Document Everything: Take date-stamped photos/videos of every room, focusing on any existing damage.
• Share with Landlord/Agent: Email this evidence to your landlord immediately to create an agreed record. If the landlord's direct contact information is not provided or the agent acts as the primary contact, ensure you send this documentation to the registered real estate agent or property management company representing the landlord, keeping proof of transmission (like an email send receipt).

Maintain the Property: Keep the property reasonably clean and undertake minor repairs as agreed. Don't make unauthorized changes. Report major issues to the landlord in writing and keep a backup of all conversations that you have with the landlord/agent.

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Moving Out Smoothly

Give Proper Notice: Follow your contract's notice period for vacating. If unspecified, 90 days is often standard for non-renewal.

Self-Inspect & Fix: Before handover, fix minor issues like nail holes or burnt-out bulbs.

Attend the Joint Move-Out Inspection: Crucial! Be present with your landlord/agent. Discuss any concerns and refer to your move-in evidence. This prevents unilateral claims.

Finalize Paperwork: Get a signed handover report if possible. Provide DEWA clearance and proof of Ejari cancellation. Return all keys.

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Understanding Deductions

Landlords can deduct for:

• Actual tenant-caused damages beyond normal wear and tear.
• Unpaid rent or utilities.
• Restoration costs from unauthorized changes or excessive dirtiness.

They should give you an itemized list of deductions. While they aren't legally required to proactively give you repair invoices before a dispute, they must be able to prove costs if challenged, especially at the RDC. You can request supporting documents if costs seem high.

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Dealing with Disputes

Common issues include charges for normal wear and tear, inflated costs, or delayed refunds.

Step 1: Talk to Your Landlord: First, try to resolve it amicably. Send a formal written request for your deposit, citing the 14-day rule. If deductions are made, ask for an itemized list and proof of costs. Present your evidence (move-in/out reports, photos).

Step 2: Escalate to the Rental Dispute Centre (RDC): If talks fail, file a "Payment Writ" with the RDC.

• Process: Often starts with mediation (15 days); if no agreement, it goes to a judge (judgment in ~30 days).
• Key Documents: Ejari (translated to Arabic), proof of deposit payment, move-in/out evidence, DEWA clearance, correspondence with landlord, Emirates ID, landlord's details, your bank IBAN. All documents must be in Arabic or legally translated.
• Costs: RDC filing fee is 3.5% of annual rent (min AED 500, max AED 20,000) plus other fees. This can be a deterrent for small disputed amounts. Winning your case might get these fees refunded, but it's not guaranteed.

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DLD Deposit Service: An Alternative

The Dubai Land Department (DLD) offers a "Deposit Service" where your deposit can be held in a secure DLD escrow account. This could increase safety and transparency, potentially reducing disputes. While available, its common use for regular residential deposits isn't fully clear, but it's an option worth considering or proposing to your landlord.

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Key Takeaways for Tenants

To get your security deposit back in Dubai, be informed, proactive, and thorough. Know your rights under the law. Document everything from move-in to move-out with photos and share them. Communicate clearly and in writing. If disputes happen, try to resolve them with your landlord first, but be prepared to go to the RDC if needed, armed with solid evidence. Your diligence is your best protection.