Flaw that should not be required to be repaired
We defined a defect as a real interference with the normal use of the apartment, or the use of the apartment as agreed between the parties.
We also clarified the landlord’s duty to repair any defects found in the apartment, within a reasonable time after receiving a demand from the tenant.
The question arises what is the law if the defect is so essential that it does not make sense to ask the landlord to correct it?
There may be cases where the cost of the repair will reach tens of thousands of shekels or even beyond. Suppose a construction problem is discovered in the building.
Suddenly a crack was discovered in the apartment or even in the building and it is dangerous to continue living in the apartment.
Or suppose the apartment’s electrical system needs to be replaced.
Or suppose the sewer and water system needs to be replaced and for that purpose, it does not make sense to perform the work when someone lives in the apartment.
For this purpose, there is a special and separate provision that in such a case the landlord cannot be required to repair the defect.
Therefore, it is not necessarily possible to make a self-repair of the defect at the expense of the landlord.
Nor can compensation be demanded from the landlord.
In this exceptional case, the tenant’s options are reduced to only two alternatives termination of the contract or reduction of the rent.
Section 10 of the Lease Act also provides: “If the defect was a result of circumstances at the time of the conclusion of the contract the landlord did not know about them and did not have to know about them, or did not see them and had not seen them in advance, and could not avoid it, and repairing the defect in those circumstances is impossible.
Or would cause the landlord shall have an expense that differs fundamentally from what was agreed between the parties – the defect shall not be a ground for demand for repair, compensation, or reimbursement of expenses as stated in section 9 (a) (1).
” To this must be added the provision that the provisions of section 10 shall not be conditioned unless the change is in favor of the tenant.