Renter’s right to indemnity
In the event that the tenant chooses to repair the non-conformity or the defect on his own, he will be entitled to a refund; indemnified, for his reasonable expenses.
In this regard, it is important to note that according to the wording of the provision of the law, the tenant will be entitled to reimbursement of his expenses only if the repairs have been made in practice and he is not entitled to receive the amount in advance.
At most, it can be said that the tenant is entitled to the amounts he undertook to spend, even if not actually paid. This provision is learned through an analogy from the Contracts (Remedies) Law which allows the injured party to receive payment for his word that he undertakes to minimize the damage.
With regard to the reimbursement of ‘reasonable expenses, in case there are several ways to repair the tenant, the tenant is not allowed to prefer the expensive way unreasonably.
On the other hand, the tenant should not be required to bother beyond what is reasonable in order for him to be indemnified.
Everything will be examined according to the subjective examination of the case on with its full circumstances.
Incidentally, the fact that the tenant is not entitled to reimbursement beyond ‘reasonable expenses’ under section 9 (a) (1) does not block the possibilities on the part of the tenant.
After all, he is entitled to demand a refund of the amount on other grounds in accordance with the Contracts Law, the Law of Making Wealth and not in law, etc.
Thus, for example in case the tenant has failed to repair the defect and the landlord does not agree to refund the payment.
These expenses of the repairs establish a debt of the landlord towards the tenant, which can be deducted from the rent. In such a case, the tenant must present an objective view, such as an opinion, repair invoices, and so on, to the rate of the debt he seeks to offset.
The rate of set-off is derived from the value of the tenant’s fixing, in acceptable values, and from amounts actually spent.
Otherwise, as in the case of the tenant himself correcting the non-conformity or defect, it will be difficult for him to persuade the court.