The AC is dead, the boiler is leaking and the shutter is broken: who pays?

The air conditioner stops cooling in the middle of August, the boiler drips on the bathroom floor and the bedroom shutter gets stuck open. These three malfunctions are divided between the tenant and the landlord according to two tests only: who caused the malfunction, and how severe it is. The Rent and Loan Law imposes on the landlord to repair at his expense any defect in the apartment that meets two conditions: the defect is not a minor one, and it was not caused by unreasonable use. What remains beyond that passes to the tenant, meaning malfunctions caused by unreasonable use and minor defects, even when they result from normal use.

A 13-year-old air conditioner whose compressor burned out is system wear and tear, and the repair is on the landlord. A remote control that fell and broke is damage created by use, and it is on the tenant. A blockage created by throwing wet wipes into the toilet is a classic example of unreasonable use, and it is on the tenant. A seal that has aged in the boiler is wear and tear, but if the repair is tiny, it may be considered minor and pass to the tenant. The law avoids specifying an amount that separates minor from significant, and the test is done against the rent and the nature of the defect.

A common contractual clause imposes on the tenant any repair up to 500 shekels. However, a heating element in a boiler can cost 450 shekels and break solely because of age, which is exactly the case the law imposes on the landlord. A contractual agreement that transfers to the tenant defects that are the responsibility of the landlord, or that extends the repair periods beyond what is set by law, is invalid, and the tenant can demand the repair as if the clause was not written.

Two exceptions apply: a contract outside the scope of the law, and a tenant and landlord who are relatives. The scope is defined as residential rental for at least three months, not exceeding ten years, with a monthly rent lower than 20,000 shekels. Vacation apartments, student dormitories, protected housing and apartments under the Tenant Protection Law are excluded.

The counting starts on the day the tenant demanded the repair, not the day the malfunction occurred. For a regular defect, the landlord has a reasonable time, but no more than 30 days. For an urgent defect, one that prevents reasonable living, there is a reasonable time, but no more than three days. A contract may shorten these periods, but cannot extend them.

When the deadline passes without a repair, two paths open for the tenant:

1. To repair it himself and demand from the landlord a refund of reasonable expenses, after notifying him in advance.

2. To reduce the rent as long as the defect exists, according to the ratio by which the rental value decreased.

In an urgent defect that cannot wait, the tenant is allowed to repair at his expense even without contacting the landlord in advance, and the landlord is required to refund the expense. A deduction made without prior notice and documentation might be seen by the landlord as non-payment of rent, leading to a dispute over the deposit.

The landlord is released from the duty of repair only when the defect stems from circumstances he could not have known at the time of signing, and repairing it is impossible or imposes an obligation essentially different from what was agreed. A written repair request works in favor of the landlord: a documented closing blocks future claims and separates wear and tear from damage upon departure. Most disputes explode at the end of the contract when the landlord deducts from the deposit repairs he claims are damage, while the tenant claims they are reasonable wear and tear.