Publication on claim filed by our office
http://www.talniri.co.il/marketnews/article.asp?mp=51&cat=2&id=29960
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Is Doron Sheffer's prestigious rented apartment in Jaffa worth living in?
Adv. Afik Turgeman, owner of a property in Jaffa, is appealing to the Supreme Court against the decision of the Tel Aviv District Court to exempt the Sheffer couple from debt for renting the property; according to the appellant, the couple signed a tenancy agreement twice, lived in the house for three months and disappeared.
Telenier system 11/10/10, 11:54
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Earlier this week, Amichai (Mickey) Tirosh, an owner of a prestigious property in Old Jaffa, filed an appeal with the Supreme Court against the ruling of the Tel Aviv District Court, according to which basketball player Doron Sheffer and his wife Talia Sheffer are exempt from paying their debt for renting the property five years ago. .
Tirosh, through attorneys Shlomi Turgeman and Yizhar Levy, of the law firm of Afik Turgeman, claims that the decision of the courts in the Tel Aviv Magistrate's and District Courts, according to which the use of a "failure of consideration" claim, will create chaos regarding the validity of contract law .
According to the lawyers, if the Supreme Court does not intervene in the decisions of the lower courts, "from now on, any tenant of a property can enter into a lease agreement, live in the property for a period of several months, and in case his mood changes, or his circumstances change in relation to the tenant. "In a written agreement, to raise a claim of complete failure of consideration, regardless of the law of contracts and even contrary to reality and in fact, at every stage of the lease stages, as he pleases."
In mid-2005, the parties signed an agreement to rent a luxury property in Jaffa, as well as a rental of art objects that were in the apartment for a total of $ 2,800 a month. The Sheffer family was scheduled to move into the property in October 2005. The Sheffer family lived in the property for three months and then the couple disappeared.
According to attorneys Turgeman and Levy, the sudden disappearance of the couple was not explained, but there is no hidden explanation that Sheffer disappeared near his decision to retire from his activity as a player in the Maccabi Tel Aviv team. After locating the couple, they agreed to enter the property on 01.01.2006, and they actually lived in the property in the first quarter of the year. At the end of March, Sheffer informed Tirosh that he intended to leave the property immediately due to the birth of his daughter, and in light of the fact that the couple was unable to heat the new bedroom in the apartment.
Following their announcement, the Sheffer couple unilaterally canceled the banknotes granted under the agreement, for a total of NIS 81,800, and after the banknotes were submitted for execution and due to opposition to the enforcement request submitted by Sheffer, the hearing was transferred to the Magistrate's Court.
Attorneys Turgeman and Levy further allege that the house where the renovations were made on a substantial scale, had a number of air conditioners and that it was never claimed by Sheffer that the house was uninhabitable. According to them, the court's decision, which accepted Sheffer's version, according to which the apartment is unfit for habitation in the eyes of a reasonable parent, harms Tirosh, who is a person with a respectable floor rate and reputation in the business world in Israel.