Maintenance Obligations: Landlord vs. Tenant Responsibility

This guide provides general legal information for educational purposes only and does not constitute legal advice. Always consult a licensed attorney in Israel for advice specific to your situation. Information last verified: October 2024.

Before 2017, apartment owners in Israel would often include void clauses such as "Tenant takes on everything - if the floor collapses from old age, the tenant pays." The Fair Rental Law (Amendment No. 1 to the Rental and Loan Law), which became effective on September 17, 2017, changed the game entirely. It created cogent ("compulsory") rules under Section 25P obligating the landlord to repair, regardless of what the tenant signed, if the terms are to the tenant's detriment.

1. The Basic Rule: What MUST the Landlord Repair?

A landlord in Israel bears the legal maintenance obligation (according to Section 7 and Section 25H of the law) to provide a proper living environment. This means that the landlord is legally obligated to repair any defect (פגם) in the apartment that was not caused by the tenant's unreasonable use. This includes "aging or systemic" defects inherent to the property and damages to systems caused by time and normal wear.

Landlord Duties in Israel (Repair Examples):

• Infrastructure Systems: Burst pipes (corrosion/rust), leaking roof in winter, gutters clogged by debris and rain over time, electrical wires that wore out in the main panel.

• Appliances and Fixtures: A water heater (dud) that failed or solar panels clogged with limescale. Replacing an AC motor that failed (if the AC was part of the "inventory list" at handover).

• Betterment and Insurance: Under Section 25I, the landlord is solely responsible for payments intended for the "betterment" (improvement/השבחת המושכר) of the property and for structural insurance.

• When must it be repaired? Section 25H(b) of the law sets specific deadlines:

  • Urgent repair (defects preventing reasonable living, e.g., flooding pipe or total power loss) - must be repaired within a reasonable time, but no later than 3 days from the date of the tenant's demand.
  • Non-Urgent repair - the repair shall be done within a reasonable time, but no later than 30 days from the tenant's demand.

What happens if the landlord fails to repair? (Remedies and Offset): If the landlord does not perform the repair within the statutory timeframe after being notified in writing, the tenant has several remedies:

• Reimbursement: Under Section 9(a)(1), the tenant may carry out the repair themselves through a professional and demand reimbursement of reasonable expenses.
• Rent Reduction: Under Section 9(a)(2), the tenant may reduce the rent proportionately for as long as the defect is not repaired.
• Offset: Under Section 25, the tenant is entitled to offset debts arising from these repairs against future rent payments. Do not avoid repairs.Preview unavailable

2. Tenant's Responsibility (Unreasonable Use and Negligence)

The law protects landlords by requiring tenants to repair damages caused by their own actions:

• Unreasonable Use or Negligence: If the tenant breaks a door lock through force or clogs pipes by disposing of inappropriate items (e.g., wipes), the repair costs fall on them.
• Maintenance Limits: Because Section 25H is cogent under Section 25P, the landlord remains responsible for all defects not caused by unreasonable use. This obligation cannot be contracted away or shifted to the tenant if it is to the tenant's detriment.
• Ongoing Costs: Under Section 25I, the tenant is responsible for current maintenance such as the building's "House Committee" (Va'ad Bayit) fees for cleaning and elevator electricity, as well as utilities and municipal taxes (Arnona).

How Landager Helps

Landager tracks lease terms, maintenance obligations compliance, and important deadlines - making it easy to stay compliant with Israeli regulations.

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