The renter will return and the renter will get
At the end of the rental period, the tenant is required to actively return the apartment to the landlord’s possession. Even the landlord is required to actively cooperate and get the possession of the apartment back to him.
These charges arise from the provisions of section 20 of the Rent Law:
“(A) At the end of the lease period, the renter shall return the apartment to the landlord, when he is free from any person or property, except property of the landlord used by the renter. (B) If the renter returns the apartment as in subsection (a), the landlord shall receive the apartment.”
Naturally, there are differences between the manner in which the apartment is returned to the landlord at the end of the lease and the transfer of possession of the apartment to the tenant at the beginning of the lease.
The legislature was very strict with the landlord and demanded that the apartment be handed over to the tenant when it was ‘suitable’. And as long as it is not ‘suitable’ the tenant ostensibly does not have to accept it.
But when it comes to returning the apartment to the landlord’s possession, the tenant is required to return the apartment when it is free of any person and object, except for objects used in the apartment.
There is no point in order that the apartment return ‘suitable’; in the same condition as the tenant received because the tenant does not have to make repairs that are the result of normal wear and tear and even for this reason the apartment does not return in the same condition.
This is stated in the explanatory memorandum to the amendment to the Rent Law regarding fair rent in section 20.
Allegedly, even if the tenant violated the lease and did not return the apartment in its proper condition, the landlord must accept it from him.
In cases where the condition of the apartment is substantially different from the condition in which it was delivered, then there is a breach of contract on the part of the tenant.
To the landlord, the usual remedies apply because of this.
See the explanatory notes to the amendment to the Rent Law of 2017 regarding fair rent:
“However, it is clarified that the return of an unfit property for use, similar to the delivery of an unfit property, will not be considered” return of property “in accordance with the principles set forth in the General Billing Law regarding the return of a defective property, including unfit for use or non-return.
The provisions that apply to the matter of preserving property in the Guardians Law. ”
It further follows from this provision that as long as the tenant does not take active action, the landlord shouldn’t take the initiative and take possession of the apartment back into his hands. He will be considered an intruder.