Legal Updates

If the leased property does not fit proper living conditions, a lessee may cancel the agreement but may not just avoid paying rent

September 17, 2018
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The legal update was published in Afik News 267 10.10.2018

תאח (כ"ס) 31166-06-18 אליסיה לרנר נ' מרדכי יוסף, בית משפט השלום בכפר סבא, 17.09.2018, כב' השופטת מרב בן-ארי

A lessee did not pay rent and other payments by which he was liable (local taxes, water bill, etc.) on the grounds that he is entitled to offset such against repair expenses paid due to defects in the property.

The Court accepted the lessor’s demand to evict the premises and held that it is not possible to avoid paying rent completely on the grounds that the leased property is not habitable. If the property is not habitable, the lessee has the right to terminate the agreement and vacate the property. Non-payment of lease and payments to third parties on account of the leased property is grounds for termination by the lessor and eviction.