Conditional on an exemption from a discrepancy or defect correction
The obligations of the parties arising from the provisions of the lease agreement.
And without a provision in the agreement, we seek reference in the Lease Act or the Contracts Act or the Sale Act or any other relevant law.
As stated in section 2 (c) of the Lease Law: “(c) The provisions of this chapter shall apply when there are no other special provisions in the matter and no other intention is implied by the agreement between the parties. And of course, in accordance with section 24 of the Contracts Law.
“But this is not always the order of things.
There are laws that go beyond the provisions of the lease agreement.
These are of course cogent provisions that the parties are not allowed to stipulate.
In other words, there are agreements that are void under the provisions of the law.
Below I would like to refer to section 8 of the Lease Act which states that “the stipulation in a lease exempting the landlord from liability for non-compliance or defect, or limiting his liability as aforesaid, is void if the landlord knew or should have known of the non-compliance.
If the landlord knew of a defect at the time of the conclusion of the contract or at the time of delivery of the tenant and did not notify the tenant. ”
And to this must be added the provisions of section 25 hand to the Lease Act which may not be conditioned or amended in section 8 unless it is in the tenant’s favor.
Many times, the parties sign a standard lease agreement.
Sometimes in the agreement, there is an agreement that the tenant waives any claim against the landlord that he knew about defects or inconsistencies in the apartment.
Or the tenant waives any claim of defects or non-compliance and he rents the apartment as is-is.
These provisions, even if the parties have agreed on them, are problematic on the part of the landlord.
The landlord must notify the tenant positively, and preferably in the lease of course, of the existence of defects or inconsistencies.
Otherwise, the tenant has the right to claim against the landlord regarding inconsistencies and defects.
From another aspect, the duty of disclosure on the part of the landlord constitutes one of the clearest reflections of the principle of good faith.
Similarly, section 15 of the Contracts Law stipulates that the deception is “… including the discovery of facts which by law, practice or circumstances the other party had to disclose”.
At the same time, there may be many gray areas that are not clear what the law is.
This is the case when the tenant completely waives an inspection of the apartment, even if it is minimal when this is required in reality.
Thus, in cases where the defects or discrepancies are visible or can be detected by a simple examination.
Or in case the tenant is an expert in the matter, such as an engineer or architect and more.