Defect that is ‘interference’ with apartment use
The law instructs the landlord to correct any defect which may constitute a “real disturbance” to the “normal use” of the apartment or to the “use” of the apartment as agreed by the parties.
In addition, the landlord must repair any defect which was caused or resulted from the unreasonable use of the tenant in the apartment. In the section there are a number of components each of which individually does not give rise to a requirement to correct the defect, but only a combination of all of them together.
What is the definition of a ‘disorder’ and what would be considered a ‘real disorder’?
What is the definition of ‘unreasonable use’ of an apartment? We will try to answer all the components of the section.
First, the clause appears to be subject to a subjective test as agreed by the parties in the particular circumstances of each and every contract.
Second, a real disturbance is in relation to the normal use of the apartment.
Therefore, from the combination of these two definitions, we learn that the section does not intend to refer to a state of a catastrophe or a state that part of the apartment cannot be used completely.
The section is not intended for cases where the apartment is uninhabitable, such as in the case of thwarting.
This issue will be discussed elsewhere.
The defect refers to a situation where the apartment or the defective part can in principle be used, but this is accompanied by great inconvenience when using it.
On the other hand, the section is not intended to force the landlord to make minor repairs that require a professional.
In other words, the range in question is no less than a ‘minor defect’ and no more than a ‘serious defect’.
In order to illustrate our ‘upper and lower limit,’ I will note that the test is not the monetary cost required to repair the defect.
For example, in the event that there are leaves in the gutter that clog it and cause enormous damage from flooding, it has been ruled that unless there is another provision in the landlord’s law, he is responsible for removing the leaves from the gutter.