What would be considered a discrepancy
- Apartment Rentals in Israel
- Discovery of deficiencies in the apartment
Contracts must be kept as written and as worded. Therefore, the discussion regarding the extent of the non-compliance is a bit redundant, because the more the landlord ‘provided’ an apartment that does not match what he undertook, the more he breached a contract.
It can be explained that the purpose of the legal charge regarding ‘adjustment’ is to detail and explain the matter of the violation.
But the importance of the ‘matching’ provisions is much more significant.
They refer to rules that are not limited to examining the relationship between the charge content and its subsistence, but also supplement and clarify the billing content itself.
Where there is no express or implied agreement as to the existence of any charge, the rules of conformity constitute a source of completion of the intent of the parties.
These rules stipulate that the landlord alone will be responsible and not the tenant.
Hence, as much as a dispute arises, the focus should be on the interpretation of the lease around the question of what the parties to the lease actually concluded.
Or in the question of exactly what condition the landlord undertook to hand over the apartment to the tenant.
