Why mold in old houses Can Become a RERA Dispute

mold in old houses can become a RERA-related dispute when the mold affects the tenant’s ability to use the home normally and the landlord does not fix the underlying cause. This is especially common in older villas, older apartments, and buildings with repeated seepage, roof leaks, cracked exterior walls, bathroom waterproofing failure, or poorly maintained AC systems.

The legal issue is not simply “there is mold.” The real issue is usually why the mold exists.

If the mold is caused by a defect in the property, the tenant may argue that the landlord must repair the source. If the mold is caused by tenant behavior, such as never ventilating the home, drying clothes indoors without airflow, ignoring a small leak, or damaging fixtures, the landlord may argue that the tenant caused or worsened the problem.

That is why tenants should not rush into emotional accusations. They should build a clear file of evidence. Under Dubai Law No. 26 of 2007, lease contracts related to properties covered by the law must be registered with RERA, and disputes or claims may not be considered by authorities unless the contract is registered according to relevant rules. The Dubai Land Department tenancy guide also states that the landlord undertakes to comply with RERA regulations and Dubai landlord-tenant law, and to authenticate the lease contract at RERA.

So, for a tenant, the first legal checkpoint is simple: make sure the tenancy is properly documented and Ejari/RERA registration is in order before starting a formal dispute path.

Who May Be Responsible for Mold in an Old Rental House?

Responsibility for mold in an old rental house depends on the cause, the tenancy contract, the property condition, and the evidence. There is no safe shortcut answer that says “the landlord always pays” or “the tenant always pays.”

Dubai Law No. 26 of 2007 says the landlord is bound to hand over the property in good condition so the tenant can make full use of it as stated in the lease contract. It also says that, unless otherwise agreed, the landlord is responsible during the lease term for maintenance work and for repairing defects or damage that may affect the tenant’s intended use of the property.

That can support the tenant’s position when mold comes from issues such as:

• Roof leakage
• External wall cracks
• Bathroom seepage
• Balcony waterproofing failure
• Hidden pipe leaks
• Old plumbing defects
• Failed waterproofing membrane
• AC leakage or building system failure
• Damp walls that existed before move-in
• Structural or building envelope defects

But tenants also have legal responsibilities. The same law states that the tenant must pay rent on due dates and maintain the property as an ordinary person would maintain their own property. It also says the tenant may not make changes, restoration, or maintenance works unless permitted by the landlord and after obtaining required licences from competent authorities.

That means a landlord may dispute responsibility if the mold is connected to tenant conduct, such as:

• Ignoring a known leak
• Blocking ventilation for long periods
• Damaging plumbing or fixtures
• Failing to report dampness early
• Creating persistent indoor humidity
• Carrying out unauthorized works
• Not allowing access for inspection or repair
• Misusing the property in a way that worsens moisture

For mold disputes, the strongest tenant position usually comes from showing that the mold is connected to a property defect, that the tenant reported it promptly, and that the landlord failed to take reasonable action.

Step 1: Document the Mold Before Cleaning or Repainting

The first step is to document the mold clearly before cleaning, repainting, or moving out damaged material. In a dispute, photos and messages matter more than verbal complaints.

Tenants should collect:

• Photos of mold from different distances
• Close-up photos of stains, damp patches, bubbling paint, or peeling plaster
• Videos showing the location and extent of the problem
• Dates when the mold first appeared
• Photos after rain, AC leakage, or plumbing issues
• Photos of wet floors, ceiling stains, or seepage marks
• Screenshots of messages sent to the landlord or property manager
• Maintenance reports from technicians
• Mold inspection or moisture detection reports, if available
• Medical notes only if relevant and properly obtained
• Any move-in photos showing the condition before the mold appeared

Do not rely only on one photo of a black stain. A better file shows the pattern. For example, mold spreading from the ceiling after rain suggests a different cause from mold behind a wardrobe with no airflow. Mold around an AC vent suggests a different cause from mold below a bathroom wall.

You should also avoid repainting immediately. Repainting can destroy evidence and may trap moisture inside the wall. If the wall is still damp, the mold may return anyway.

If the mold is widespread, you should consider a professional inspection. A moisture report, leak detection report, AC report, or waterproofing assessment can help explain whether the source is structural, plumbing-related, AC-related, or caused by tenant behavior. The clearer the technical evidence, the easier it is to discuss responsibility.

Step 2: Notify the Landlord or Property Manager in Writing

The second step is to notify the landlord or property manager in writing as soon as possible. A phone call is useful for urgency, but written notice creates a record.

Your message should be calm, specific, and evidence-based. It should include:

• Your unit number and address
• Where the mold appears
• When you first noticed it
• Whether there is dampness, smell, leakage, or seepage
• Photos and videos
• Any immediate safety concern
• A request for inspection and repair
• A reasonable deadline for response
• A request to confirm the next action in writing

A practical message could say:

Dear [Landlord/Property Manager],
I am reporting mold and dampness in [location]. The affected area appears to be spreading, and there is also [musty smell / seepage / ceiling stain / AC leakage / wet wall]. I have attached photos and videos taken on [date]. Please arrange inspection and necessary repair of the moisture source as soon as possible, and please confirm the next steps in writing.

Keep the tone professional. Do not threaten legal action in the first message unless the situation is urgent and the landlord has repeatedly ignored you. The goal is to show that you acted reasonably and gave the landlord a clear chance to inspect and repair.

This matters because Dubai law allows the landlord to seek eviction in certain cases where the tenant fails to observe obligations imposed by law or the lease contract within 30 days after notice is served. Tenants should therefore be equally careful to show that they reported the problem, cooperated, paid rent properly, and did not breach the contract while the dispute is ongoing.

Step 3: Understand “Required Maintenance” vs Minor Issues

The third step is to understand whether the mold is linked to required maintenance. This matters because Dubai’s Rental Disputes Centre distinguishes between required maintenance and non-essential maintenance.

The RDC FAQ explains that required maintenance is maintenance that directly affects the tenant’s ability to fully enjoy the intended benefits of the property, and the landlord is responsible for this type of maintenance. It also says that if the landlord neglects required maintenance, the tenant may have recourse options such as terminating the contract, reducing the rent, or conducting repairs themselves and deducting the costs from the rent. Non-essential maintenance usually falls to the tenant.

Mold in an old house may fall closer to required maintenance when it is caused by serious dampness or defects such as:

• Active roof leakage
• Plumbing failure
• Bathroom waterproofing failure
• Repeated seepage
• AC drainage defect
• Wall cracks allowing water entry
• Dampness that makes a room hard to use
• Mold that spreads despite normal cleaning and ventilation

However, tenants should be careful. The fact that a repair feels urgent does not automatically mean the tenant can deduct money from rent without process or proof. Rent deductions, termination, repair claims, and compensation issues should be handled carefully through the proper legal route or after getting qualified legal advice.

For an article like this, the safest guidance is: do not stop paying rent or deduct repair costs casually. First document, notify, request repair, get technical evidence if needed, and approach the Rental Disputes Centre if the landlord refuses or ignores the issue.

Step 4: Ask for Proper Mold, Leak, or Moisture Inspection

The fourth step is to ask for the right inspection. Mold disputes often fail because both sides argue from assumptions.

A landlord may say, “You caused it by not ventilating.” A tenant may say, “The building is old and leaking.” Both may be partly right or partly wrong. A technical inspection helps separate opinion from evidence.

Depending on the situation, useful inspections may include:

• Mold inspection
• Moisture mapping
• Thermal imaging
• Plumbing leak detection
• AC drainage inspection
• Roof or balcony waterproofing inspection
• Bathroom seepage inspection
• Indoor air quality testing, when needed
• Material condition assessment for gypsum, plaster, wood, or cabinets

The goal is to identify the moisture source. Cleaning mold without fixing moisture is usually temporary. If the wall remains wet, mold can return. If a pipe is leaking, mold cleaning alone will not solve it. If the AC is producing condensation, repainting the wall will not fix the cause.

A proper report should ideally mention:

• Affected areas
• Moisture readings or visible dampness
• Suspected source
• Whether the issue appears active
• Recommended repair
• Whether mold remediation is needed
• Photos or supporting evidence

This report can then support a written request to the landlord. It can also help if the dispute goes to RDC.

Step 5: Escalate Carefully if the Landlord Does Not Act

The fifth step is escalation. If the landlord or property manager does not respond, delays repeatedly, refuses inspection, or sends only superficial cleaners without fixing the source, the tenant may need to escalate.

Before escalation, prepare a clear file:

• Ejari or registered tenancy contract
• Tenancy contract and addenda
• Emirates ID/passport copies, if required for filing
• DEWA or utility information, if relevant
• Photos and videos
• Written complaints
• Landlord/property manager replies
• Maintenance reports
• Mold or moisture inspection reports
• Repair estimates
• Any proof that the problem affects normal use of the property

The official Rental Disputes Centre is the specialist rental dispute body in Dubai. Its FAQ states that if a landlord neglects required maintenance, tenants may have recourse options, but the correct path depends on the facts and claim.

Escalation can involve asking the RDC to compel action, seeking rent reduction, seeking termination, or asking for permission regarding repairs, depending on the situation. For repairs that require official approvals and the landlord refuses to provide required documents, the RDC FAQ says the tenant may approach the Centre and initiate legal proceedings requesting that the landlord be compelled to provide the required documents, while proving the proposed renovations do not compromise structural integrity and showing documentation of efforts to obtain approvals.

Because each case depends on contract terms and evidence, tenants should avoid making unilateral decisions that could create a new breach. If the mold problem is severe, urgent, or health-related, it is wise to seek legal advice or contact RDC for procedural guidance.

What Tenants Should Not Do in a Mold Dispute

Tenants should not respond to mold in old houses by hiding the issue, cleaning away all evidence, withholding rent without advice, or carrying out major unauthorized repairs. Those actions can weaken their position.

Avoid these mistakes:

• Do not ignore mold until it spreads.
• Do not report only by phone with no written record.
• Do not repaint before documenting the issue.
• Do not throw away damaged items before taking photos.
• Do not block access for inspection or repair.
• Do not assume every mold case is automatically the landlord’s fault.
• Do not deduct repair costs from rent without proper process.
• Do not stop paying rent because of mold without legal advice.
• Do not modify walls, ceilings, plumbing, or waterproofing without permission.
• Do not accept a cosmetic cleaning if the source is still active.

The tenant’s best position is usually built by showing reasonable conduct: they reported early, allowed access, documented evidence, asked for repair, and did not worsen the problem.

This is also important at move-out. Dubai Law No. 26 of 2007 states that at the end of the lease, the tenant must surrender the property in the same condition in which they received it, except for ordinary wear and tear or damage due to reasons beyond the tenant’s control. If there is a dispute, the matter must be referred to the Tribunal. That is why move-in photos and mold documentation can be very important in older homes.

When Mold Becomes a Health and Indoor Air Quality Concern

Mold becomes more serious when it spreads across walls, ceilings, cabinets, AC areas, bedrooms, or living spaces. At that point, tenants should not treat the issue as a normal cleaning problem.

Mold may affect indoor air quality, especially when it is widespread, damp, recurring, or located near AC airflow. People with allergies, asthma, respiratory sensitivity, weak immune systems, or young children may be more affected. This does not mean every mold stain proves a specific illness, but it does mean visible spreading mold should be handled carefully.

For serious mold, tenants should consider asking for:

• Mold inspection
• Moisture source detection
• AC inspection, if mold is near vents
• Professional mold remediation
• Post-remediation cleaning
• Indoor air quality testing, when needed
• Written confirmation of source repair

This is where a normal cleaner may not be enough. If the landlord sends someone to spray and wipe the wall but the seepage remains, the mold may return. A proper solution should deal with both the moisture source and the contamination.

If the mold is severe, tenants should also keep records of any discomfort or health concerns and seek medical advice where appropriate. A doctor’s note can document symptoms, but it does not automatically prove legal responsibility. The strongest dispute file usually combines medical concern, photos, written complaints, and technical evidence about the property condition.

The Bottom Line

mold in old houses can become a serious tenant-landlord dispute when it comes from dampness, seepage, old waterproofing, leaking pipes, roof defects, AC drainage issues, or structural problems. Under Dubai tenancy law, landlords are generally responsible for handing over a usable property and carrying out maintenance or repairs that affect the tenant’s intended use, unless the parties agreed otherwise. Tenants also have duties to maintain the property responsibly and avoid unauthorized repairs.

For tenants, the practical legal path is clear: document the mold, report it in writing, request inspection, identify the moisture source, keep all evidence, and escalate through the proper RDC route if required maintenance is ignored. Do not rely on verbal complaints, quick repainting, or rent withholding without advice.

The stronger your evidence, the stronger your position. In mold disputes, the winning question is usually not “Who is angry?” It is “What caused the mold, who was responsible for that cause, and who acted reasonably after it was reported?”