A restaurant leased a property to which various facilities (such as a chimney) were connected and are, inter alia, on the roof of the building in an area that is not owned by the lessor. The restaurant refused to pay usage fees in respect of the use in the roof area, arguing that the facilities belonged to the landlord and a lawsuit was filed against it for eviction.
The Court rejected the defense arguments that the facilities belong to the lessor and not lessee and issued an order ordering the restaurant to evacuate the facilities within 7 days, unless proper usage fees are paid in advance for the whole period remaining until the end of the restaurant's lease.
For full disclosure it is noted that Doron Afik and Yair Aloni of Afik & Co. represented the plaintiff in the expediated eviction process.