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

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

The Defendant is 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 allowed. The Claimant agreed to pay AED 1,500 for these services, so the balance of the deposit must be returned.

Source-derived case information.

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 Deductions, Lease Termination, DIFC Leasing Law
Landlord and Tenant Contract Law Security Deposit Deductions Lease Termination DIFC Leasing Law

Source-derived case record

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Parties

Natale

Claimant

Noraiz

Defendant

Procedural Posture

Small Claims Leasing Tribunal / Judgment After Hearing

Legal Issues

  1. 1 Whether the Defendant was entitled to deduct the security deposit for alleged damages and services beyond the lease agreement terms
  2. 2 Whether the Claimant is entitled to the return of the security deposit

Ratio Decidendi

The Defendant is 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 allowed. The Claimant agreed to pay AED 1,500 for these services, 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