Notice of discrepancy within a reasonable time
One of the conditions for the tenant to rely on the non-compliance is that he has notified the landlord of the non-compliance within a reasonable time.
The tenant is obliged to contact the landlord explicitly and in detail and inform him of the disclosure of the non-conformity, within a reasonable time since he discovered the non-conformity or since he had to disclose it, and that he asks the landlord to rectify the non-conformity.
The full text of section 6 of the Lease Act: “(c) the tenant is not entitled to rely on any inconsistency in any of the following: (2) the tenant did not notify the inconvenience to the landlord a reasonable time after discovering it or had to disclose it, with reasonable details of the inconsistency; This paragraph shall not apply if the landlord knew or should have known of the non-compliance. ”
There are different types of inconsistencies of the apartment in relation to the contract or the law. Visible inconsistency, a covert inconsistency that only a professional will discover, a hidden inconsistency that can be detected by a simple examination, hidden inconsistency from the landlord, hidden inconsistency from the tenant or inconsistency from both, and more.
The law does not differentiate between types of non-compliance.
According to the law, the tenant is not required to inspect the apartment at the time of delivery of the possession. But he is obligated to notify the disclosure of the discrepancy within a reasonable time since he discovered the discrepancy or within a reasonable time since he should have known of its existence.
And the tenant must of course allow the landlord a reasonable opportunity to inspect the apartment and correct the non-conformity.
The law provides that the tenant cannot sue the landlord regarding the disclosure of the non-conformity if “the tenant did not give the landlord a reasonable opportunity to inspect the apartment and did not give him, as reasonable as the circumstances, a reasonable opportunity to correct the non-conformity.”
And for all who are interested in knowing how a reasonable time is measured, the scale is flexible and relative, and its content will be determined in each case according to its circumstances, in a test of objective reasonableness.
And for all those who want to know how the tenant must report the non-compliance or the defect he has discovered, the law does not specify whether it is possible for the notice to be oral.
But it is interesting to find that in the explanatory memorandum to the amendment of the Rent Law it appears that in the past it was required that the notice is in writing. Following the amendment to the Rent Law, this requirement was deleted “in light of the possible means of communication that currently exists.”