Kuwait Maintenance Obligations: Landlord-Tenant Liability

In the State of Kuwait, maintenance responsibilities are primarily governed by the Kuwaiti Civil Code (Decree Law No. 67 of 1980) 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 Article 581 of 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, fails to carry out necessary repairs, Article 8 of Decree Law No. 35 of 1978 provides the tenant with specific remedies. If the repairs are urgent or of a nature that can be carried out with a small cost, the tenant may carry them out themselves without judicial permission and deduct the cost from the rent. For major non-urgent repairs, the tenant may obtain permission from the Judge of Urgent Matters (at the Lease Department of the Ministry of Justice) to perform the repair and deduct the invoice from the rent.

Daily Tenant Obligations (Consumable Maintenance)

Under Article 12 of Decree Law No. 35 of 1978, the tenant in Kuwait bears the costs of "tenant's repairs" (minor repairs) established by custom. This includes problems directly resulting from their daily consumption of the property during their stay, such as:

• 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, as Article 23 of Decree Law No. 35/1978 requires the tenant to return the property in the condition it was received, except for loss or deterioration not caused by them.

Special Agreements (Distributing Maintenance by Contract)

Articles 7 and 12 both allow parties to "agree otherwise," meaning maintenance responsibilities can be shifted by explicit contractual clauses. 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 agreement, the landlord may be 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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