‘Discrepancies’ or ‘defects’ in the apartment
The peak moment in the tenant-landlord relationship is the date of delivery of possession from the landlord to the tenant.
A tenant-landlord relationship is a long-term relationship that extends over a period ranging from one year to many years.
A number of very sensitive moments in the tenant-landlord relationship can be pointed out.
Such as at the time of negotiations, at the time of signing the lease, at the time when the tenant returns the possession of the apartment to the landlord at the end of the lease.
But all of these in my opinion are dwarfed by that sensitive and charged moment in which the landlord hands over the keys to the tenant.
This is a critical and legally sensitive moment, also in terms of the tenant’s enjoyment of the apartment.
Ignoring it will lead him to frustration later in the rental period.
And so, on the part of the landlord.
Both, by the way, for the most part, do not know how to leverage in their favor this important moment. And this is what this chapter is for.
The parties’ obligations in a lease are simple.
The landlord hands over to the tenant an apartment, and in return receives rent.
But the issue that wears out the parties and causes many problems, unpleasantness, conflicts, and quarrels is the issue of making repairs in the apartment.
And generally, and as we shall see below, the smaller the required repair the greater the potential for friction between the parties.
First of all, a legal distinction must be made between ‘inconsistencies’ that are discovered in the apartment and ‘defects’ that are revealed in it after renting it.
This matter has been given different and varied definitions in the vernacular: ‘malformations’, ‘malfunctions’, ‘defects’, ‘failures’, ‘lesions’, ‘defects’, and more. But the legislature chose to use the phrase ‘non-compliance’ as well as ‘defect’.
The law distinguishes between no ‘mismatch’ in the apartment and ‘defect’ in the apartment.
It is sometimes possible that a non-conformity will be discovered as a defect, and a defect will be considered a non-conformity, but in any case, when a ‘defector ‘malfunction’ is discovered in the apartment, we will first ask ourselves whether it is a ‘mismatch’ or a defect.
And by the classification, we will know how to deal with it and