Who is responsible for mold testing in a Dubai rental?« Back to Previous Page
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We've lived in our Jumeirah Village Circle apartment for 2 years and just noticed a patch of black mold in the corner of our master bedroom closet, behind some boxes. It seems to have spread since the heavy humidity last month. My landlord is saying it's our fault for poor ventilation, but we run the AC constantly. Who is legally responsible for arranging and paying for professional mold testing in a rental here?
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Based on UAE Civil Code and Dubai rental law (Law No. 26 of 2007), the responsibility for structural maintenance, which includes issues arising from the building's envelope like leaks or inherent dampness, falls on the landlord. However, the tenant is responsible for maintenance due to their own misuse or negligence.
Your situation in JVC is a classic grey area. The landlord's claim of poor ventilation is common, but if you run the AC constantly, that argument weakens. The recent heavy humidity is a key factor; persistent high ambient moisture can overwhelm even well-functioning AC systems, especially in closets where airflow is restricted, indicating a potential building-related issue. Legally, the first step is to formally notify your landlord in writing (email is best) with photos, requesting a professional mold inspection to determine the source of the moisture. This is crucial. Do not attempt to clean it yourself, as this can disturb the spores and remove evidence. The responsibility for paying for the testing often hinges on the inspection's findings. If the test reveals the cause is a leaking pipe, faulty external waterproofing, or inadequate insulation (landlord's responsibility), they should cover the cost. If the test proves it's solely due to tenant lifestyle (e.g., drying clothes indoors, no AC use), you would be liable. For an accurate, legally defensible assessment, you need a certified mold inspector. They will conduct air and surface sampling to identify the spore types and concentration, and most importantly, perform a moisture survey to pinpoint the water source. Given the potential health risks and legal dispute, I strongly recommend a professional evaluation. Our team can provide a comprehensive assessment and detailed report for you and your landlord. Call 800-MOLDS or 800-66537 to schedule an inspection or email hello@saniservice.com with your unit details. |
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