Dubai: Are you moving out of your rented apartment or villa? Before you close the door behind you, make sure your tenancy paperwork has been concluded properly, and you’ve marked off everything on your moving-out checklist, to avoid unpleasant surprises down the road.
Imran Khan, legal consultant at I K Lawyers, advised: “Treat the move-out process as a legal handover, not merely a physical departure. The tenancy contract must be read alongside the applicable Dubai legislation. Notice requirements, early termination compensation, maintenance obligations and the treatment of alterations can all depend on the specific contractual terms and circumstances.”
A moving-out checklist is just as important as a moving-in one. Here’s how to create a move-out checklist, and all the charges and laws to be aware of, before you sign off.
What items should my move-out checklist include?
In Dubai, Law No. (26) of 2007 Regulating the Relationship between Landlords and Tenants in the Emirate of Dubai, amended by Law No. 33 of 2008, oversees all aspects of the landlord-tenant relationship.
The law highlights the obligations of tenants, both upon entering a lease contract, and exiting one. Based on this legislation, Khan shared the following checklist for tenants who are planning to move out of their rented apartments or villas in Dubai:
Read the lease contract: Start by ensuring you are following all the expectations outlined in your lease contract, when returning the property to the landlord. Khan said: “Check the expiry date, notice requirements, early termination provisions and obligations concerning maintenance and reinstatement.”
Notify the landlord in writing, in a timely manner: Article (14) of the law states: “Where either of the two parties to a Lease Contract do not wish to renew the Lease Contract or wish to amend any of its terms, such party must notify the other party of such intent no less than 90 days before the date on which the Lease Contract expires, unless otherwise agreed by the parties.” Khan advises notifying the landlord in writing by email or a physical letter, and retaining proof of delivery.
Stay on top of dates: Confirm the inspection date, key return, and surrender of possession and mark these dates on your calendar.
Clear all bills: Khan said: “Pay rent and utility bills due under the contract and applicable law.” Article (22) of the law governs this rule: “Unless the Lease Contract states otherwise, the Tenant must pay all fees and taxes due to Government entities and departments for use of the Property as well as any fees or taxes prescribed for any sub-lease.”
Leave the property as you received it: When handing over the property, the landlord is within his/her rights to inspect the home and ensure everything is as it should be. Article (21) of the law states: “Upon the expiry of the term of the Lease Contract, the Tenant must surrender possession of the Property to the Landlord in the same condition in which the Tenant received it at the time of entering into the Lease Contract, except for ordinary wear and tear or for damage due to reasons beyond the Tenant's control.” Khan advised taking time-stamped photographs and videos and, where possible, completing a joint inspection with the landlord.
Complete repairs: If there are any damages more significant than regular wear and tear – such as large holes in the wall, broken door trims, and cracked tiles – that can be attributed to your misuse or negligence, you are required to complete repairs before handover, subject to the tenancy agreement and applicable law. Some Ejari-registered tenancy contracts include a minor maintenance clause, usually capped at a Dh500 threshold per repair, mandating tenants to complete small fixes below that amount, before leaving at the end of their tenancy.
Cancel Ejari and disconnect electricity and water: Tenants should not assume their electricity and water connection disconnects automatically once they move out – it’s a process that must officially be completed via the Dubai Electricity and Water Authority’s (DEWA) Move-Out service. Learn how to apply for this service. The DEWA disconnection is linked to the Ejari cancellation process – the official process of removing a tenancy contract from the Dubai Land Department (DLD) register after the lease has expired, been terminated or the property has been vacated. Learn how to start the Ejari cancellation process here. Khan advised obtaining final bills and retaining payment confirmations from DEWA for your records.
Get written acknowledgement at handover: Once inspection and repairs are complete, and it’s time to hand over the property, it’s important to “obtain written acknowledgement that the landlord has received possession” of the flat or villa, according to Khan. With everything on record, both parties know exactly what condition the property was in, on the day the tenant moved out. This step, along with evidence in the form of time-stamped pictures or videos, safeguards your security deposit, and prevents disputes further down the line.
Get your security deposit back: Once your Ejari registration has been officially cancelled, you’ve settled all your bills, completed any repairs, if applicable, and handed over the property, you can submit a formal request asking your landlord to return your refundable security deposit, which was provided at the start of the tenancy. Khan said: “Article (20) of Law No. 26 of 2007 expressly provides that the landlord must refund the security deposit, or the remaining balance, upon expiry of the tenancy contract.” If the landlord refuses to return the full deposit, you are within your rights to ask for an itemised breakdown of deductions, a written explanation for every deduction, and photographic evidence of any alleged damage, as well as repair invoices or contractor quotations, where applicable. This helps you decide whether the deduction is fair, or if you might need to dispute it and seek mediation from Dubai’s Rental Disputes Centre (RDC).
What can landlords legally charge you for?
There are a few scenarios, in which your landlord may ask you to pay. Knowing these situations is important, so you are well-informed when planning to end your lease:
- Early termination of tenancy contract: Article (7) of the law states: “Where a Lease Contract is valid, it may not be unilaterally terminated during its term by the Landlord or the Tenant. It can only be terminated by mutual consent or in accordance with the provisions of this Law.” If you are planning on vacating the property before the contract has expired, check your contract for an explicit exit clause, such as a penalty of one to two months’ rent. If there is no such clause, you must negotiate an agreement with your landlord. Khan explained: “Any early termination compensation must be assessed against the contract and applicable legal provisions.”
- Substantiated damage: Khan said: “The landlord may seek recovery for substantiated damage caused by the tenant, rather than normal deterioration. However, the landlord should not impose arbitrary deductions or automatically charge the tenant for ordinary wear and tear.”
- Unpaid financial obligations: The tenant is responsible for paying any remaining rent, as well as outstanding utility, service, cooling or internet charges up until the end of the lease term. Khan explained: “A landlord may claim outstanding rent or contractual charges properly payable by the tenant. Amounts properly due may be recovered, but the landlord should not charge the tenant twice for the same liability.”
How should tenants handle any disputes that arise?
Khan said: “Clear written communication, a documented property inspection, and formal confirmation of the property being returned can prevent many disputes before they reach the Rental Disputes Centre.”
However, sometimes, despite taking precautionary steps, tenants and landlords may need to bring in the authorities to mediate between the two parties over disagreements on issues like who is required to pay for damaged interiors. Khan said: “Landlords are entitled to recover legitimate amounts owed and seek compensation for substantiated tenant-caused damage. Equally, tenants are entitled to challenge unjustified charges and seek the return of their security deposit in accordance with the law.”
If any disputes arise, it’s important to raise the issue in writing, and request an itemised explanation of any proposed deductions, supported where appropriate by photographs, inspection reports, invoices and payment records.
If you cannot reach an amicable settlement with the landlord, you can seek recourse via Dubai’s Rental Disputes Centre.
Relevant evidence includes:
- Tenancy agreement
- Ejari registration
- Proof of rent payments
- The original property’s condition report
- Move-out photographs
- Utility clearance certificate
- Any correspondence and written confirmation of handover
Khan added: “If a landlord refuses to accept possession or the parties disagree about the property's condition, tenants should formally document their attempts to hand it over to RDC and seek appropriate legal guidance rather than simply leaving without evidence. Tenants should also avoid assuming that withholding rent, abandoning the property or unilaterally terminating the contract is a lawful way to resolve a dispute.”