Date of delivery of possession of the apartment
Just as there is usually no reference in the lease to the manner of delivery of possession of the apartment, so there is no reference to the specific time at which possession of the apartment will be delivered.
This matter may sound minor but in practice it is not.
Many times, on the same day that the previous tenant vacates the apartment, a new tenant should enter. And do not forget that the new tenant often also has to vacate his current apartment.
And so, a chain of apartment movers is formed, on that day it comes out and it comes.
And I have already attended events where the transport of the incoming tenant arrived at the apartment even before the outgoing tenant had time to take out his belongings.
The law stipulates that insofar as there is no reference in the lease to the time of delivery of possession of the apartment to the tenant, the landlord may determine the time in question.
At the same time, the landlord must notify the tenant a reasonable time in advance regarding the exact time of delivery of possession of the apartment.
Section 5 (b) of the Lease Act provides: “If delivery has been agreed within a certain period, the renter may determine the date of delivery within that period; … in these cases, the renter must notify the tenant a reasonable time in advance of the date of delivery.” This section corresponds to section 9 of the Sale Law which sets the date of delivery.
Thus, section 25G of the law stipulates that “the landlord will hand over the rented apartment to the tenant and the tenant will receive the rented apartment for his possession, at a time agreed upon by the parties under the residential lease.”
It should be added that as long as the landlord has informed the tenant of the date and manner of delivery of the possession of the apartment, and the tenant ignores and does not come, the landlord can claim in such a case that for him the lease period has begun, even if the tenant received possession of the apartment.