Can we break lease for landlord's ignored AC mold?« Back to Previous Page
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The AC in our bedroom has been leaking into the wall for a couple of months and now we’ve discovered a huge patch of black mold behind the wardrobe. We’ve told the landlord’s agent but they keep saying they’ll send someone and never do. My wife’s asthma has gotten so much worse and we’re really worried. Are we within our rights to demand an emergency repair or even break the lease for this, or is mold cleanup our responsibility as tenants?
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Yes, you are likely within your rights to demand an emergency repair and could have grounds to break the lease. This is a significant health and safety issue, not a minor maintenance problem.
Under Dubai rental law (Law No. 26 of 2007), landlords are obligated to maintain the property in a condition that ensures the health and safety of tenants. A leaking AC unit causing extensive black mold growth, which is directly impacting your wife's asthma, constitutes a failure to provide a habitable dwelling. You have already notified the agent, and their inaction strengthens your position. Document everything: take clear, dated photos and videos of the leak, the mold behind the wardrobe, and any visible mold on the AC unit itself. Keep a record of all communications with the agent (emails, WhatsApp messages). It is also critical to get a professional indoor environmental assessment from a company with a microbiology lab. This provides documented, scientific evidence linking the specific mold presence to the AC leak and the indoor environment, which is powerful evidence for any legal or municipal complaint. Send a final formal written notice to the landlord or agent, referencing your previous complaints and attaching the evidence. State that due to the health hazard and their lack of action, you are considering escalating the matter to the Dubai Land Department (DLD) or the Rental Dispute Settlement Center (RDSC) to seek a resolution, which may include a request for lease termination. This often prompts action. If they still refuse, you can file a case with the RDSC; a verified lab report on the mold's extent and type will be your strongest evidence for a judge to rule in your favor for repair costs or lease cancellation. For your wife's health, consider using a HEPA air purifier in the bedroom as an immediate temporary measure while you resolve this. |
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