How to calculate the deduction amount from the rental fee
Regarding the amount of the reduction that the tenant is entitled to deduct from the amount of the rent, opinions are divided on how to calculate this amount.
The amount can be calculated according to the relative method.
How much is the rent with the defect and without the defect?
And the difference in amounts should be deducted from the rent.
When the rent will be calculated objectively according to the market price and not according to the special circumstances of the parties.
Another method would be to believe that the reduction is precisely according to the rent as agreed by the parties, unlike the market price.
Otherwise, you can get help from an appraiser or maybe a realtor.
As long as the tenant receives a letter or professional opinion and does not act arbitrarily.
I will note that section 12 (a) of the Real Estate Appraisers Law 2001 stipulates that “a real estate appraisal shall not be submitted to a court unless it has been made by a real estate appraiser.”
Therefore, as long as the tenant wants to be backed up, he should get an appraiser’s opinion which will stand the test of a court.
And as stated above, the tenant is also entitled to reduce the rent retroactively, and he is not obliged to reduce the rent precisely for the time that the defect has not yet been repaired.