Many people see a lease as a standard form. But since the Fair Rental Law, some rules are fixed by law and cannot be contracted out to the tenant’s detriment. A landlord unaware of them may find clauses in his contract are invalid.
A habitable apartment
The landlord must deliver an apartment fit for living, with working water, electricity, sewage, ventilation and lighting, and the ability to lock it. An apartment not meeting these requirements may be considered unfit for habitation.
Repairs
A regular defect not caused by the tenant’s unreasonable use must be repaired within a reasonable time and no later than 30 days from the request. A defect that prevents reasonable living must be repaired within 3 days. If the landlord does not repair, the tenant may, under conditions, repair it himself and claim the cost.
Security
The law limits the security, generally to the lower of three months’ rent or one third of the rent for the whole lease period. The landlord must return it shortly after the lease ends, unless there is a debt or damage.
Renewal and termination
When the tenant has an option to extend, a landlord who does not want to extend must give advance notice, and the tenant must give advance notice if not extending. It is worth stating the notice dates explicitly in the contract.
What can a tenant not be charged?
Among other things, building insurance, brokerage fees when the broker acted for the landlord, and repair of reasonable wear and tear. A clause imposing such payments may be void.
What if the tenant does not pay?
Act quickly and in a documented way, and if needed file a claim for eviction, which has a fast-track procedure in court.
Where do you go from here?
Every deal and every property is different, and a small detail in a contract or registration can be worth a lot of money. At Paz Israel & Co. Law Office we support buyers, sellers, landlords and property owners, from the first check to registration at the Land Registry. For more information see our real estate lawyer page, or contact us to schedule a meeting in Tel Aviv, Jerusalem or Modi’in.
This article provides general information, is correct as of the time of writing, and does not constitute legal or tax advice or a substitute for reviewing your specific circumstances.