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
Summary, issues, holding and outcome
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Parties
Natale
Claimant
Noraiz
Defendant
Procedural Posture
Small Claims Leasing Tribunal / Judgment After Hearing
Legal Issues
- 1 Whether the Defendant was entitled to deduct from the security deposit for alleged damages and costs
- 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
Full Case Text
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