Conditions for exemption from repair of material defect by the renter
The law allows, in exceptional conditions of frustration, not to require the landlord to repair defects that will be discovered in the apartment during the rental period.
These are special countermeasures.
The condition for exempting the landlord from repairing the defect is that it is in the good faith of the landlord during the entire period until the signing of the lease, that he did not know about the defect and was not even supposed to know about it it the defect.
In addition, the landlord could not have prevented the defect even if he had acted with due effort as a landlord. Another condition is that the repair is impossible or too burdensome for the landlord.
This condition is in line with the provision of section 18 of the Remedies Contracts Law, which denies in the circumstances of thwarting the remedies of enforcement and compensation.
Among those extreme cases of failure in which the landlord is not required to repair the apartment are cases such as when the apartment was burned, or in case it was discovered that the entire roof of the apartment needed to be replaced, flooding due to heavy rains, not the landlord’s fault, or the need to replace asbestos.