Who pays to fix mold after rain damage?« Back to Previous Page
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After the heavy rains last month, I noticed a musty smell coming from the corner of my bedroom closet. It’s close to where water tends to pool after rain, and there are visible patches of greenish mold growing on the walls. The landlord hasn’t addressed it yet. Have any of you dealt with similar issues in your rental? Who is responsible for fixing this – me or the landlord?
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In the UAE, particularly in Dubai, mold issues following rain damage can indeed pose significant challenges. When it comes to who is responsible for addressing and fixing such problems, it generally depends on a few factors including the terms of your lease agreement, local regulations, and common law principles.
Firstly, under most residential tenancy agreements, landlords are typically expected to maintain the property in good condition. This includes ensuring that there's no water damage or mold growth due to structural issues. However, if the issue stems from water pooling because of external factors such as heavy rains, the responsibility may not solely lie with the landlord. In Dubai, Article 243 of the Civil Code states: "The tenant is bound to hand over the premises in a proper condition which he has received them." This implies that while landlords are generally responsible for maintaining the structural integrity and preventing water leaks, tenants also have a duty to ensure they do not introduce moisture that could lead to mold growth. In practical terms, if you notice mold growth due to rain damage, it would be wise to notify your landlord immediately. Provide detailed information about the extent of the damage, including photos or other evidence, as this can serve as proof for any dispute resolution later on. If the landlord fails to address the issue within a reasonable timeframe, you may need to consider seeking professional assistance. Professional mold inspection and remediation services are highly recommended in such cases, especially if the problem is widespread or severe. The UAE's Ministry of Community Development has guidelines that advise property owners and tenants to seek expert advice when dealing with mold issues. These experts can assess the situation accurately and recommend appropriate remedial actions. Furthermore, it’s important to ensure that any work done by professionals complies with local building codes and environmental regulations. In Dubai, for instance, the Building Control Department oversees compliance with these standards during remediation processes. If negotiations with your landlord prove fruitless or if you feel the issue is not being addressed adequately, you might consider reaching out to the relevant authorities such as the Real Estate Agency or even legal counsel. It’s always better to document all communications and follow up regularly. In conclusion, while landlords are generally responsible for preventing mold growth due to structural issues, they may not be solely liable if external factors like heavy rains contribute significantly to water pooling and subsequent damage. Always ensure you act promptly and seek professional help when dealing with such issues to protect both your health and property rights. |
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