Liability
Synonyms: civil liability، legal responsibility، tortious liability، contractual liability، legal obligation
Last updated: 2026-05-09
Short Definition
Legal obligation for damages or losses, may be contractual from contract or tortious from negligence, requiring compensation.
Overview
Legal Basis
The provisions governing real estate legal liability in the Kingdom are based on the Civil Transactions Law, the regulations of the Unified Rental System, and circulars issued by REGA regarding party responsibilities.
Practical Example
Nasser Al-Zahrani rented an apartment in Al-Aziziyah district, Makkah, at a monthly rent of 3,800 SAR. After four months, water leaked from the ceiling of the main bedroom, damaging furniture worth 12,000 SAR. Nasser notified the landlord in writing through Ejar, but the landlord claimed the leak was due to Nasser's negligence. Nasser requested a technical arbitration through REGA. Following an inspection, the technical report established that the leak originated from cracked roof insulation, which falls under the landlord's structural responsibility. The landlord was ordered to repair the defect and compensate Nasser for the damaged furniture under the contractual liability provisions of the Rental System.
Common Mistakes
- ✗Confusing normal wear and tear with deliberate damage or negligence when determining liability
- ✗Failing to document the unit's condition with photographs at handover, making it difficult to prove liability later
- ✗Believing that the tenant's personal insurance covers structural liability of the unit
- ✗Delaying the reporting of damage, which weakens the compensation claim
- ✗Signing clauses that waive the right to claim liability without legal advice
International Differences
In the UAE, Strata ownership laws and the Civil Transactions Law regulate liability allocation between owners and tenants, supervised by RERA in Dubai. In Turkey, the Turkish Code of Obligations details landlord and tenant responsibilities with a principle of strict liability in certain cases. In Egypt, civil law adopts the theory of liability for things and buildings. In the UK, the Landlord and Tenant Act clearly allocates responsibility between the parties. In the US, the doctrine of Implied Warranty of Habitability protects tenants from structural liability.
