Repairs in a Rented Apartment — Who is Responsible and What are Your Rights

What is the Housing Law and what is its connection to repairs in a rented apartment?

Rental housing is a complex legal system governed primarily by the Housing Law (apartment rental laws), which clearly defines the obligations of landlords and the rights of tenants. One of the most important aspects of rental housing is the question of repairs in a rented apartment and the landlord's responsibility for maintenance and property care. When a tenant rents an apartment, they expect the apartment to be in conditions suitable for habitation, including functioning systems, proper plumbing, safe electricity and everything necessary for daily living. The landlord, in turn, is legally responsible for ensuring that the apartment meets these standards.

Housing Law in Israel distinguishes between different types of repairs and different repairs have different expenses and obligations. There are repairs that constitute routine and daily maintenance, and there are major repairs that constitute improvement or restoration of the property. This distinction is critical to understanding who is responsible for payment and who can enforce someone to perform work.

In legal practice in Israel, repairs in a rented apartment are one of the most common issues in disputes between tenants and landlords. The reason for this is that there is often no clear understanding between the parties as to who is responsible for a particular repair, when it should be done, and how costs should be borne. Our firm, Mandelbaum, Gor, Witzmann-Gor and Co., Attorneys at Law, has been dealing with these issues since 2008, and we have extensive experience guiding both tenants and landlords in legal matters of apartment rentals.

What is the landlord's responsibility under Israeli Housing Law?

Landlord responsibility is one of the pillars supporting housing law in Israel. In principle, the landlord must provide the tenant with an apartment suitable for habitation and in proper condition. This means that the landlord must ensure that all apartment systems are functioning properly, that there are no leaks, that the electricity is safe, and that the plumbing is operational. If the apartment suffers from defects that impair habitation, the landlord must repair them.

The Housing Law stipulates that the landlord is responsible for repairs necessary to maintain the apartment in conditions suitable for habitation. This includes repairs to basic systems (electricity, water, sewage), walls, ceilings, windows and doors. If the tenant notifies the landlord of an issue, the landlord must respond within a reasonable time and repair the problem. If the landlord fails to do so, the tenant may take legal action, including reducing rent or performing the repair themselves and deducting the cost from the rent.

It is important to understand that landlord responsibility is not absolute. There are situations where the tenant themselves is responsible for repairs, particularly when damage results from the tenant's negligent or improper use. For example, if a tenant breaks a window through carelessness or causes damage to the electrical system through improper use, the tenant may be liable for repair costs.

Notice of Repair — How do you notify the landlord of a problem?

Notice of repair is a legal term referring to the notification that a tenant provides to a landlord about a problem or defect in an apartment. This is one of the most important ways a tenant can compel a landlord to fix a problem. When a tenant notifies a landlord of an issue, the landlord is legally obligated to respond within a reasonable time and repair the problem. If the landlord fails to do so, the tenant may take legal action.

The notification of a problem should be clear and specific. It is recommended to document the notification in writing, for example through email or SMS, so that there is proof that the notification was actually sent. The notification should explain what the problem is, where it is located in the apartment, and how it affects habitation. For example: "The plumbing in the bathroom is leaking water from the ceiling, causing moisture and risk of mold."

After the tenant notifies the landlord of an issue, there is a reasonable time for repair. What is considered a "reasonable time" depends on the severity of the problem. For serious problems that impair habitation (such as no hot water, no electricity, major leaks), the reasonable time may be just a few days. For smaller problems, the time may be weeks. If the landlord does not act within the reasonable time, the tenant may perform the repair themselves and deduct the cost from rent, or file suit with the court.

It is important to remember that notice of repair should be a collaborative process. If the tenant notifies the landlord in a reasonable manner and gives the landlord a reasonable time to respond, they increase the chances of getting a quick repair without the need for legal proceedings.

Types of Repairs in a Rental Apartment — Who is Responsible for Each Type?

Repairs in a rental apartment are divided into several categories, and each category has a responsible party. Understanding this division is essential for both tenants and landlords, as it determines who pays and who performs the work.

Routine Maintenance Repairs

Routine maintenance repairs are small, regular works necessary to keep the apartment in reasonable condition. Examples include replacing light bulbs, fixing water leaks, repairing a door that does not close properly, fixing a small broken window, cleaning pipes, and the like. Generally, these repairs are the responsibility of the landlord, who must bear the costs. However, if the damage is caused by neglect or improper use by the tenant, the tenant may be liable for the costs.

Major Repairs or Renovation

Major repairs are substantial works requiring renovation or replacement of large parts of the apartment. Examples include replacing walls, repairing flooring, renovating an entire electrical system, replacing a roof, or renovating an entire plumbing system. Generally, these major repairs are the responsibility of the landlord, but the issues are more complex. Often, these major repairs can be very expensive, and there are questions about who should pay and when.

Repairs Resulting from Tenant's Negligent Use

If a tenant causes damage to the apartment through negligent or improper use, the tenant may be liable for repairs. For example, if the tenant intentionally breaks a window or causes damage to the electrical system through improper use, the tenant may be held responsible. However, it is necessary to prove that the damage was caused by the tenant's negligence or improper use, not by normal wear and tear or a defect in the property itself.

Repairs to Common Areas of the Building

If the apartment is part of a multi-unit building, there are also common areas such as stairwells, machine room, bomb shelter, and the like. Repairs to these common areas are generally the responsibility of the building's management committee, not the private landlord. However, if damage to a common area affects the apartment itself (for example, a leak from the common area into the apartment), the landlord may be responsible for obtaining repairs from the management committee or seeking legal assistance.

Interior Repairs Versus Exterior Repairs

Repairs inside the apartment (in rooms, kitchen, bathroom) are generally the responsibility of the landlord, assuming they are necessary to maintain the apartment in conditions suitable for habitation. Repairs outside (on the building facade, roof, external walls) are generally the responsibility of the property owner or the building's management committee, not the private landlord. However, if damage outside affects the apartment itself, the landlord may be liable.

Scenario Comparison — Who is Responsible in Each Situation?

To better understand repair responsibilities in a rented apartment, let us examine several real-world scenarios and determine who is responsible in each case.

What to Do If the Landlord Does Not Repair an Issue in the Apartment?

If a tenant notifies the landlord of a problem in the apartment and the landlord takes no action within a reasonable time, the tenant has several legal options.

Step 1: Additional Formal Notice

If the first notice was not in writing, it is recommended to send an additional formal notice in writing (email, SMS, or registered mail). In this notice, it should be emphasized that the landlord did not respond to the previous notice, and a final deadline should be given (for example, 7 days) to begin repairs.

Step 2: Perform the Repair Yourself and Deduct the Cost

If the landlord still takes no action, the tenant can perform the repair themselves (or hire a contractor to do so) and deduct the cost from the rent. However, there are rules the tenant must follow: (1) the tenant must notify the landlord in advance of the intent to perform the repair; (2) all receipts and invoices for the work must be kept; (3) the cost must be deducted gradually from the rent, not the entire amount at once.

Step 3: Filing a Lawsuit in Court

If deducting the cost does not help or if the landlord objects, the tenant can file a lawsuit in court. The lawsuit can include a request for repairs, compensation for discomfort and health risks, and recovery of legal costs. The court may order the landlord to perform the repairs or approve the tenant's cost deduction.

Step 4: Reduction of Rent

In some cases, if the apartment does not meet adequate living conditions due to an issue the landlord fails to repair, the tenant can demand a reduction in rent until the issue is fixed. This is a powerful legal tool that can force a landlord to take action.

Tenant Rights in Case of Apartment Problems

Under Israeli housing law, a tenant has significant rights when it comes to apartment repairs and landlord obligations. Understanding these rights is essential for tenants, as it enables them to protect themselves and obtain necessary repairs.

The Right to Adequate Housing

This is the basic right of every tenant. The landlord must provide the tenant with an apartment suitable for living, meaning an apartment where one can live comfortably and without health risks. This includes functioning systems, good ventilation, safe electricity, hot and cold water, and winter heating. If the apartment does not meet these conditions, the tenant can demand repairs.

The Right to Repair Within a Reasonable Time

After the tenant notifies the landlord of an issue, the landlord must repair or arrange for repairs within a reasonable time. The reasonable time depends on the severity of the problem. For serious issues, a reasonable time may be a few days. For minor issues, a reasonable time may be weeks. If the landlord does not meet the reasonable time, the tenant can take legal action.

The Right to Deduct Costs from Rent

If the landlord fails to repair an issue within a reasonable time, the tenant can perform the repair themselves and deduct the cost from rent. This is a powerful legal tool that forces landlords to act. However, there are rules: the tenant must notify the landlord in advance, keep receipts, and deductions can be made gradually, not all at once.

The Right to Compensation for Discomfort

If the apartment does not meet adequate living conditions due to an issue the landlord fails to repair, the tenant can demand compensation for discomfort and health risks. This compensation depends on the severity of the problem, the period during which it exists, and its impact on the tenant's life.

The Right to File a Lawsuit in Court

If direct negotiation does not help, the tenant can file a lawsuit against the landlord in court. The lawsuit can include a request for repairs, compensation, recovery of legal costs, and more. The court may order the landlord to fix the problem or approve steps taken by the tenant.

The Right to Terminate the Lease

In some extreme cases, if the apartment does not meet adequate living conditions at all and the landlord refuses to repair, the tenant can terminate the lease without penalty. This is a last resort tool, but it is available in some situations.

Landlord Obligations — What Must the Landlord Do?

The landlord, for his part, has clear legal obligations toward the tenant. Understanding these obligations is also important for landlords, as it helps them avoid legal problems.

The Obligation to Provide Adequate Housing

This is the basic obligation of the landlord. The landlord must provide the tenant with an apartment suitable for living, meaning an apartment where one can live comfortably and without health risks. This includes inspecting the apartment before renting and ensuring that all systems are functioning properly.

The Obligation of Routine Maintenance

The landlord must maintain the apartment in good condition. This includes routine minor repairs (replacing light bulbs, fixing leaky faucets, etc.), as well as larger repairs needed to keep the apartment in adequate living conditions.

The Obligation to Respond to Tenant Notices

When the tenant notifies the landlord of an apartment problem, the landlord must respond within a reasonable time. This does not mean the landlord must repair immediately, but rather that the landlord must acknowledge receipt of the notice and plan repairs within a reasonable time.

The Obligation to Perform or Arrange for Repairs

The landlord must either perform the repair themselves or hire a contractor to do so. The landlord cannot leave an issue unresolved beyond a reasonable time.

The Obligation to Cover Costs

The landlord must bear the costs of repairs needed to maintain the apartment in adequate living conditions. The tenant cannot be required to pay for these repairs.

The Obligation of Insurance

The landlord must insure the apartment against damage (owner's insurance). This protects the property in case of fire, theft, or other damage. The tenant is typically responsible for insuring their own personal property.