Self-repair of urgent defect at renter’s expense
In the event that the non-conformity or defect requires urgent repair, the tenant can repair the defect at his own expense and demand reimbursement of reasonable expenses from the landlord.
The need for urgent repair arises in case of danger to life, health risk, great discomfort, the need to reduce damage, and more.
At the same time, it is clear that these are only exceptional cases.
Or, rather, rare.
And it is also clear that the tenant is taking a risk because a court will not be under the impression that this is urgent.
Furthermore, insofar as it is a defect that needs to be repaired urgently; a defect that does not allow for reasonable dwelling in the apartment, since the landlord must repair the defect within a reasonable time and at the latest within three days.
The question is whether the emphasis is on the discretion of the tenant, of the landlord, or of the reasonable person?
For example, the tenant thinks he smelled gas late at night and called a company to fix the fault.
Then it turned out a malfunction is not dangerous.
Or another case that was a leak in a water pipe.
Or a breakdown in the air conditioning system when the landlord does not answer the phone.
The common denominator for these examples is that the landlord for his part did not violate his obligations under the lease agreement at all.
On the other hand, the tenant subjectively thought that this was an urgent and unusual case.
And the simple conclusion is that in case the tenant chooses self-repair the risks that the payment will not be refunded to him.