Gottlieb LLC v Graca [2016] DIFC SCT 045 (30 May 2016)
The landlord may deduct AED 1,405.75 from the security deposit for substantiated repairs beyond reasonable wear and tear, but not for full repainting or unsubstantiated items. The tenant is liable for overstay rent only until 15 March 2016, as the landlord could reasonably have mitigated further loss after that date. Both parties bear their own costs.
- Citation
- [2016] DIFC SCT 045
- Parties
- Claimant: Gottlieb LLC; Defendant: Graca
- Jurisdiction
- United Arab Emirates
- Judgment Date
- 30 May 2016
- Procedural Posture
- Small Claims Tribunal / Judgment
- Outcome
- Partially allowed
- Legal Topics
- Security Deposit, Overstay Rent, Reasonable Wear and Tear, Tenancy Agreement Interpretation
Case Brief
Summary, issues, holding and outcome
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Parties
Gottlieb LLC
Claimant
Graca
Defendant
Procedural Posture
Small Claims Tribunal / Judgment
Legal Issues
- 1 Whether the landlord is entitled to deduct repair costs from the tenant's security deposit
- 2 Whether the tenant is liable for overstay rent after the expiration of the tenancy agreement
Ratio Decidendi
The landlord may deduct AED 1,405.75 from the security deposit for substantiated repairs beyond reasonable wear and tear, but not for full repainting or unsubstantiated items. The tenant is liable for overstay rent only until 15 March 2016, as the landlord could reasonably have mitigated further loss after that date. Both parties bear their own costs.
Court Disposition
Partially allowed
Orders
- Claimant may retain AED 1,405.75 of Defendant’s security deposit for repairs.
- Claimant must return AED 5,094.25 of Defendant’s security deposit.
Full Case Text
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