The timing of the discrepancy
There may be cases where the discrepancy will be discovered only months after the start of the rental period. In case the landlord undertakes that the roof of the apartment is impermeable to rainwater.
The test will be only after the first rain.
Can the tenant even then claim that this is a non-compliance? The answer to this is in the affirmative.
The tenant can also rely on the landlord’s statements in accordance with what is stated in the lease.
And the landlord on the other hand will not be able to make claims against the tenant and claim that he was a reasonable tenant to inspect the apartment before signing the lease, and thus he has at least contributory negligence (except in summer cases and of blindness or lack of good faith).
And one more emphasis regarding the inconsistencies that the landlord was aware of, the tenant is not obligated to report to the landlord within a reasonable time since he discovered the inconsistency.