Claim for minor damage | How does the judiciary deal with it?
Claiming a high amount of riyals from a landlord of furnished apartments or a rest house via the Jazer In applications or others regarding a small damage to the entire sofa in exchange for a partial and simple damage to one piece of it is an improper and exaggerated procedure. The general system and rules for estimating compensation stipulate that compensation must be fair and redress the actual damage without enriching the injured party at the expense of the one who caused the damage. Your responsibility is limited to repairing the damaged part or compensating it to restore it to its pre-damaged condition, not upholstering the entire sofa.
Systemic basis
Your liability for damage:
Yes, you are responsible for compensating for the damage you caused. This is in accordance with the text of Article 30 after 400 of the Civil Transactions Law, which stipulates that the tenant is obligated to “compensate the landlord for any damages incurred by the tenant arising from his infringement or negligence.” The damage caused is considered a failure to preserve the rented property.
The principle of compensation assessment:
The goal of compensation is to repair the damage and return the item to its original condition as much as possible, not to replace it completely at your expense. Demanding that the entire sofa be upholstered due to a spot in one “shaltah” contradicts this principle.
Article 139 of the Civil Transactions Law stipulates that “compensation shall be estimated in cash,” and the court may “judge compensation in kind or by restoring the situation to what it was.” This means that the asset is to repair the damage or pay for its repair, not to replace the entire asset.
This principle is supported by Article 140 of the same system, which relates to “serious damage”. If the system, in the event of serious damage, gives the injured party the choice between keeping the item with compensation or leaving it and claiming its value, then it is even more appropriate in the event of simple and partial damage (as in your case) for compensation to be limited to repairing the damaged part only.
How to estimate the value of fair compensation:
The compensation value should be estimated based on the cost of repairing the damaged part (cascade) only. This can include the cost of new fabric for the damaged piece and the tailor or upholsterer’s fee for repairing it.
If the same type of fabric is not available, compensation can be estimated to cover the cost of replacing the “shalta” fabric with another similar fabric, or to compensate the landlord for the decrease in the value of the sofas as a result of this defect.
Claim for minor damage | How does the judiciary deal with it?
Suggested steps
Since the topic is still in its friendly context, I suggest you take the following steps:
Written communication:
Contact the landlord in writing (preferably via the Root In platform to document the conversation) and inform him of your rejection of the claimed amount, explaining the reasons calmly and logically. Explain that your responsibility is limited to repairing the partial damage that occurred, and that asking him to upholster the entire sofa is baseless and considered unjustified enrichment at your expense.
Get alternative pricing:
Take clear photos of the damage and get prices from several different and reliable upholstery stores in Riyadh to repair only the damaged “shaltah”. Present these prices to the lessor as evidence of the true and reasonable cost of repair.
Make a fair settlement offer:
Based on the pricing you received, make a written offer to the lessor to settle the matter amicably in exchange for paying an amount representing the average repair cost you received. This shows your good faith and seriousness in solving the problem.
Resorting to litigation (as a last resort):
If the lessor insists on his exaggerated amount and refuses an amicable solution, the dispute can be referred to the competent court. In this case, the court will likely appoint an expert to estimate the value of the damage and determine the amount of fair compensation, which will likely be close to the actual repair cost rather than the cost of full upholstery.
For law and legal consultations..Contact the office of lawyer Abdul Majeed Al Rashid
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