Maintenance Obligations in Kuwait: Liability Limits Between Landlord and Tenant

In the State of Kuwait, maintenance responsibilities are primarily governed by the Kuwaiti Civil Code and Decree Law No. 35 of 1978 Concerning Real Estate Lease (which came into effect on 12 August 1978). These regulations divide obligations between "necessary lease maintenance to preserve the property" and "customary consumable maintenance," while granting contracting parties latitude to alter these tasks through explicit agreement.

Legal DisclaimerThis guide provides general legal information. Lease laws can change. Always consult a licensed notary or lawyer in this region.

Basic Landlord Obligations (Necessary and Structural Maintenance)

Under Article 7 of Decree Law No. 35 of 1978 and the general principles of a lessor's obligations in the Kuwaiti Civil Code, the landlord is responsible for maintaining the basic structure and main facilities that strongly impact the tenant's "beneficial use of the residence." Unless agreed otherwise, this includes:

1. Foundation and Building: Defects and leaks in central sewage pipes extending inside walls and floors.
2. Risk Prevention: Repairing major faults in the central electrical generators of investment buildings, securing elevators, and providing fire extinguishers in the building.
3. Core Cooling and HVAC Systems: If the building relies on a Central Chiller or main central air conditioning, faults in the compressor and outdoor units are the landlord's responsibility to ensure the apartment remains in a healthy and stable environment.

What if the landlord refuses or delays emergency maintenance?

If the landlord, after being formally notified, neglects to repair severe structural damage that prevents the tenant from living there (such as a burst main pipe flooding the apartment), the tenant has the right under Article 8 of Decree Law No. 35 of 1978 to obtain permission from the Judge of Urgent Matters (at the Lease Department of the Ministry of Justice) to perform the repair themselves, and then subsequently deduct the maintenance invoice from the rent owed to the landlord. (It is not advised for the tenant to make direct deductions without judicial or written authorization from the landlord to avoid it being deemed a delay in payment in the Rental Court).

Daily Tenant Obligations (Consumable Maintenance)

By customary principle, the tenant in Kuwait bears the costs of "minor leasehold repairs" and problems directly resulting from their daily consumption of the property during their stay. This includes:

• Replacing burnt-out bulbs and minor electrical fixtures inside the apartment.
• Fixing weak faucet leaks and changing water filters and small AC filters attached to wall units.
• Clearing blockages in internal drains (kitchen or bathroom) resulting from food disposal or daily negligence.
• Painting walls or patching holes from securing shelves made by the tenant before the end of the stay, based on the principle of keeping trust and returning the property to its original state.

Special Agreements (Distributing Maintenance by Contract)

In today's Kuwaiti real estate market, most "unified lease contracts" contain explicit clauses stating: "(The tenant received the property in excellent condition and is responsible for its complete internal maintenance throughout its duration)." Through this exclusive agreement, the landlord is exempted from individual home AC breakdowns, internal water heaters, and doors. Therefore, reading maintenance clauses prior to signing is required.

Managing maintenance invoices and requests has become less bureaucratic via the Landager property management platform. It allows you, as an investor in Kuwait, to schedule and dispatch contractors exactly to apartments automatically from your mobile device, logging maintenance costs to review as property expenses, thereby bolstering the building's annual profit budget.

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