"Cleaner twice a week at your expense": the delusional clauses in the rental contracts

A commitment to bring a professional cleaner at the tenant's expense, a high payment in the event of a scratch on the floor, a ban on getting pregnant, and more.

If you thought the rent prices in Gush Dan were the only problem, wait until you see what else renters have to deal with

David Rosenthal

08/18/2022

Thursday, August 18, 2022, 1:43 p.m

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In the video: the police fined the residents of the protest camp in Balfour (photo: Rafi Gatneau)

"It is declared and agreed that the tenant undertakes to clean the apartment using a professional cleaner, at least twice a week, and this is in addition to the permission that will be given to the landlord to enter the apartment space, at any time, with prior coordination, and this in order to make sure that the apartment is thoroughly cleaned."

The said clause, which is taken from a contract submitted about a week ago for the perusal of an interested party in renting an apartment on Kalisher Street in Tel Aviv, is not a private case, but one of many examples of the illusory clauses encountered by apartment renters in Tel Aviv in recent months.

Is this just an exploitation of their distress by the landlord, or is it also evidence of a major mental disorder? One thing is certain - the break-ins of the apartment rental market in Tel Aviv is breaking crazy records. In order to understand how serious the situation is - we reviewed dozens of contracts such as There are also quite a few queries that came up on the Dean website and we have extracted the most problematic sections from them.

Just before you sign, know that you can enter Baruch Gadol (Photo: ShutterStock)

The big question is where is the line of demarcation between an illusory but legal demand, and one that will not stand the test of the court.

Attorney Efrat Rahamim, a partner in the real estate department of the Salomon, Lifshitz & Co. firm, who, as part of her work, is engaged in, among other things, ongoing guidance and advice in the field of real estate, analyzes the legality of the clauses for us.

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Served on behalf of "Gabra"

The property: an apartment on Yarkon Street in Tel Aviv.

3 rooms.

18,500 shekels per month

The problematic section: a predetermined amount of NIS 30,000 for mental anguish caused to the lessor due to the conduct of the lessee in connection with the rental of the apartment.

The expert's opinion - in 2017, the Rent and Lending Law, 1971, was amended, and the amendment to the law, known as the "Fair Rent Law 2017", addressed, among other things, the disparity of power between tenants and landlords. In our case, it is indeed a demand for the inclusion of an unacceptable clause. Compensation for Mental anguish is not something that can be estimated or determined in advance and it is compensation that is subject to the discretion of the court and that is given according to the circumstances of each case in which it is required.

It is important to note that even if it is not stipulated in the agreement that a party to it will be entitled to compensation for emotional distress, in the event of a breach of the agreement the injured party can petition the competent court and demand compensation as stated.

And what does Orna - the interested person who was offered the apartment - think about it?

"This brat demands that I compensate him for any heartache related to my conduct. For example, if my children make noise to his mother who lives above me - he can demand that I pay. He can push into this clause whatever he wants. So I told the landlord that I would never sign Such a contract. I asked him to remove the clause but he refused, so I told him good luck with finding the next sucker and I'm sure they found one."

The property: an apartment on Shinkin Street in Tel Aviv.

4 rooms.

14,000 shekels per month

The problematic clause: any damage caused to the property during the lease period, whether due to the negligence of the lessor or the negligence of the lessee, will be fully covered by the lessee and he will not have any grounds for a claim against the lessor.

The expert's opinion: this is a clause about which every lessee should negotiate and argue on him

It is not acceptable for a tenant to be responsible for damages caused by the landlord.

It is important to note that the new amendment to the Rent and Lending Law also includes an expansion of the obligation to repair the rented apartment - according to the law, the tenant is responsible for any defect in the rented apartment, or defect, caused by unreasonable use, when the lessor will repair any defect or other defect in the apartment at his own expense.

The law also states that these clauses cannot be conditioned except in favor of the tenant.

The words "any damage" are also unacceptable.

If the lessor did not correct a long-term problem and as a result damage was caused - the lessee is not responsible for it.

And what does Doron, the interested party who was offered the apartment, think about it: I really didn't understand where the problem was until you brought it to my attention.

Some of the requirements make sense, the vast majority do not (Photo: ShutterStock)

The property: an apartment on Ibn Gvirol Street in Tel Aviv.

3.5 rooms.

16,000 shekels per month

The problematic section: The lessor has the option of evicting the tenant, with a week's notice in advance, for causing any damage to the structure of the apartment and/or to the lessor's property located in it.

The expert's point: the tenant is obligated to keep the leased property and use it reasonably and carefully, and as long as he does not do so, he is in breach of his obligations, and then the lessor may contact him with a request to correct the breach.

If the lessee does not act to correct the violation, the lessor may announce the cancellation of the agreement and demand the eviction of the lessee from the lessee and even exercise the security provided to him in accordance with what is stipulated in the lease agreement between the parties.

Of course, a demand to vacate an apartment due to damage such as a scratch to the parquet, certainly if it was caused in good faith and due to reasonable use by the tenant, is not proportionate.

In any case, it is necessary to check what kind of damage it is and whether it is the tenant's responsibility.

And what does Olga, who is interested in being offered the apartment, think about it: "I've already seen 20 apartments, I'm not exaggerating with you. I stick my tongue out, every landlord and his contract. There's no contract that I didn't find a problem with. And here, now this clown comes and tells me that I will vacate the apartment Within a week because I scratched his parquet."

Apartment on Zeitlin Street.

2.5 rooms.

11,600 shekels per month

The problematic section: the rent is linked to the index / dollar provided that it increases.

The expert's statement: There is no legal impediment to establishing this mechanism.

There are quite a few cases where the linkage is only in case of an increase in the index or the dollar rate, which is reasonable and acceptable.

And what does Hanoch, who is interested in being offered the apartment, think about it: "I have rented apartments in many places in the world. Nowhere have I come across such a clause, only in Israel - the country of the greedy."

Apartment on Rothschild Street in Tel Aviv.

3 rooms.

15,900 shekels per month

The problematic section: It is declared and agreed that the renter is not allowed to get pregnant, it is not allowed to host more than four people in the house.

The expert's statement: Attorney Efrat Rahamim explains that the clause prohibiting pregnancy is a problematic, outrageous and discriminatory clause. In this clause, the landlord wants to say that it is not possible to add tenants to the rented apartment. The rent paid by the tenant reflects the value of the use of the apartment, and the more people there are In an apartment, then the respect for the apartment's facilities increases - and that is why the landlord wants to prohibit this. Of course, instead of prohibiting pregnancy, it can be stipulated that as more people are added to the rented accommodation, the rent will increase or to limit the rent to a number of people.

What do you think about this, Rona, who is interested in being offered the apartment? For 36 years with the feeling that my womb is private, and lo and behold, there are always surprises in life.

Maybe the landlord wants me to also give him an annual Pap test, a photograph of the cervix?"

The property: an apartment on Hashomer Street, 5 rooms.

15,200 shekels per month

The section: It is declared and agreed that hosting more than 5 people in the apartment and banning the operation of a barbecue ("on the fire") on the balcony will be prohibited.

The expert's statement: It seems that the landlord's main goal is to maintain the apartment and prevent disturbance to the neighbors.

This is actually a conflict between the rights of the tenant to do as he wishes and the right of the other tenants to enjoy their apartments without the disturbance that may be caused to them.

In my opinion, limiting people's accommodation in the apartment is problematic, but banning "fires" on the balcony is a proportionate and reasonable requirement.

And what does Natan, who is interested in being offered the apartment, think about it: "Insolence, as it turns out, is entirely a relative concept. The landlord prevents me from hosting the entire extended family on Passover, for example. Where does he get the insolence from? It's not clear to me."

Attorney Efrat Rahamim (Photo: Public Relations)

The property: an apartment on Derech Namir Street in Tel Aviv.

1.5 rooms.

6,700 shekels per month

The problematic section: there is an absolute ban on smoking in the apartment premises. The

expert's opinion: the landlord has a full right to demand this.

The lessor may demand that the conditions listed above be applied in the lease agreement, given the demands and/or agreements of the neighbors, the building's surroundings, the nature of the building, etc. In fact, as long as the restrictions in the apartment are meant to prevent harm to the neighbors or a nuisance, then they are acceptable.

What do you think about that, Eleanor , who is interested in being offered the apartment: "What a mistake I didn't buy an apartment ten years ago.

Today I was in a situation where I don't have to bend under the whims of angry landlords.

I really don't understand - what, will the walls get cancer?"

"Wake Bush"

In conclusion, Attorney Efrat Rahamim, who deals with ongoing accompaniment and advice in the field of real estate, both for private individuals and companies, as well as in everything related to diverse and different real estate transactions, including rentals, states: it is important to remember the overriding principle according to which Contracts in good faith and in an accepted way. This principle is a fundamental principle of our legal system, when in the Lease and Loan Law the legislator even chose to anchor the principle explicitly by stating in section 4 that "an obligation arising from a rental contract must be fulfilled in an accepted way and in good faith;

And the same is true regarding the use of the right arising from the contract." Therefore, our main recommendation is to act in good faith and in an acceptable way. When a lawsuit from a landlord or tenant comes before the court, the court may intervene and determine whether the instructions are reasonable or not, and whether the actions amount to In order to violate the lease agreement".

On the Din website, which presents legal forums in the field and hundreds of lawyers from all regions and in all fields, they state in conclusion that "the examples given above are only a drop in the sea of ​​questions that have been addressed to us over the past few months. The tenants' awareness of the legal implications of the contract they are signing has increased, and , the lively discussion that takes place in our forums. Every day dozens if not hundreds of queries arise about such issues."

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