Freedom of Contracts
Maimonides writes that “just as a person gives any condition he wants in negotiating, so too he makes conditions in rent.” This matter also found expression in the overriding principle of freedom of contract in Israeli law, which states that: “The content of a contract can be as far as the parties have agreed.”
The Rent Law stipulates: “The provisions of this chapter shall apply when there are no special provisions in the law in the matter in question and without any other intention implied by the agreement between the parties.” A similar provision exists in the Sale Law, “The provisions of this law shall apply when there are no special provisions in the law in the matter in question, and there is no other intention implied by the agreement between the parties.”
When we read a lease agreement, first we have to check whether the matter we are looking for is among the provisions of the contract.
Only if we come to the conclusion that there is no reference to the matter will we turn to the provisions of the Rent Law.
But this rule, like any rule, is an exception.
Therefore, we must know that there are issues and provisions set out in the law that prevail over any agreement.
For example, a person who rents an apartment that does not comply with the standard stated in the first appendix to the Rent Law, such as if the apartment does not have a drainage system or openings for ventilation and natural lighting and more This provision supersedes any lease agreement between the parties.