Why the renter will fix
Once we have determined that there is a discrepancy or defect in the apartment, the next step is to correct the discrepancy or defect. And now the question arises who should actually perform the repair?
If a ‘non-compliance’ has been discovered, then the landlord is in breach of contract and is responsible for correcting the breach and correcting the non-compliance.
But if a ‘defect’ was discovered in the apartment, it does not necessarily mean that the landlord at all violated the contract.
And therefore, the question remains, if the landlord has not violated a contract at the time of the discovery of the defect, why exactly will he be responsible for correcting the defect?
The question is sharpened in light of section 8 of the Rent Act.
According to which in any case the landlord will be responsible for carrying out the repair of the defects, even if the parties have stated otherwise in the lease, and despite the occurrence of a defect in the apartment is not necessarily his fault at all.
The answer may be in the body of the question.
The law, common sense, and of course the ruling, require every person to take responsibility for his actions. It is unrealistic for the parties to begin examining each case on its own merits whether it is a ‘defect’ or whether it is a ‘non-conformity’, and therefore the legislature has entrusted the entire repairing of the defects to the landlord categorically.
And because the legislature may have thought that repair of defects by the landlord would be cheaper than if the repair were carried out by the tenant.
And that the landlord knows the apartment better, that his interest outweighs the interest of the tenant that the defect is repaired thoroughly and professionally.