Between real estate rentals and chattels
In the Rent Law, there is a distinction in several places between renting ‘real estate and renting ‘movable property.
Although it is clear that renting an apartment is renting real estate according to the law.
At the same time, the apartment is usually accompanied by a number of objects that will be considered movable.
We examined the tests to decide whether this or that item is part of the real estate or whether it is movables. In our case, it should be added that as long as this or that item is classified as movable, it will be easier for the tenant to replace the item in the event that a defect is discovered in it.
This is in contrast to the case that it will be considered as part of the real estate. Section 7 (b) of the Lease Act provides that: “(b) If the leased property or the property used by the tenant is movable, the landlord may maintain his obligation under this section by way of exchanging the property for another property, provided that this is reasonable in the circumstances.”
Thus section 7 (c) provides: “(c) If the leased property or the property used by the tenant, movables, and the repair of the defect involves an unreasonable disruption to its use, the tenant is entitled to demand from the landlord the replacement of the property instead of its repair.”