Natale v Noraiz [2024] DIFC SCT 278 (21 August 2024)

Natale v Noraiz [2024] DIFC SCT 278 (21 August 2024)

The Defendant was only entitled to deduct reasonable costs for painting, cleaning, and pest control as per the lease agreement. The Defendant's claimed deductions exceeded what was contractually permitted. The Claimant agreed to AED 1,500 for such costs, so the balance of the deposit must be returned.

Citation
[2024] DIFC SCT 278
Parties
Claimant: Natale; Defendant: Noraiz
Jurisdiction
United Arab Emirates
Judgment Date
21 August 2024
Procedural Posture
Small Claims Leasing Tribunal / Judgment After Hearing
Outcome
Claim partly allowed
Legal Topics
Security Deposit, Lease Agreement, Deductions From Deposit, Proper Handover, DIFC Leasing Law

Case Brief

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Parties

Natale

Claimant

Noraiz

Defendant

Procedural Posture

Small Claims Leasing Tribunal / Judgment After Hearing

  1. 1 Whether the Defendant was entitled to deduct from the security deposit for alleged damages and costs
  2. 2 Whether the deductions exceeded what was permitted under the lease agreement

Ratio Decidendi

The Defendant was only entitled to deduct reasonable costs for painting, cleaning, and pest control as per the lease agreement. The Defendant's claimed deductions exceeded what was contractually permitted. The Claimant agreed to AED 1,500 for such costs, so the balance of the deposit must be returned.

Court Disposition

Claim partly allowed

Orders

  • Defendant to pay Claimant AED 3,500
  • Defendant to pay Claimant DIFC Courts’ filing fee of AED 367.25